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HomeMy WebLinkAboutAgenda Packet City Council - 12/10/2019City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, December 10, 2019 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Pastor Rob Bailey, Southside Community Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Alan Carlos, Assistant Director of Information Technology. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations F.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.OTHER H.MINUTES: 1.19-1720 Regular Meeting of November 19, 2019 and Joint Workshop Session of December 3, 2019. I.BOARD & COMMITTEE APPOINTMENTS: 2.19-1640 Corpus Christi Regional Economic Development Corporation (1 Vacancy) Electrical Advisory Board (5 vacancies) Landmark Commission (2 vacancies) Page 1 City of Corpus Christi Printed on 12/9/2019 December 10, 2019City Council Meeting Agenda - Final-revised North Padre Island Development Corporation (5 vacancies) Port of Corpus Christi Authority of Nueces County (1 vacancy) Reinvestment Zone No. 4 (1 vacancy) J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 3 - 24) 3.19-1673 One-reading ordinance approving a seawall improvement project for the demolition of K-Pier at the Corpus Christi Municipal Marina in an amount up to $175,000.00; appropriating $175,000 from the Seawall Improvement Fund; transferring funds in the amount of $175,000.00 from the Seawall Improvement Fund to the Capital Improvement Program Fund; amending the operating and capital budgets; and declaring an emergency. Sponsors:Municipal Marina 4.19-1431 Ordinance authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center at no charge, located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes. Sponsors:Parks and Recreation Department 5.19-1610 Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. Sponsors:Business Liaison 6.19-1609 Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. Sponsors:Business Liaison 7.19-1530 Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm-to-Market 43 and County Road 43. Sponsors:Planning & Environmental Services 8.19-1476 Ordinance annexing approximately 446.4 acres of land into the territorial limits of the City of Corpus Christi; and rezoning said annexed property at or near 1442 Farm-to-Market (FM) 43 from “FR” Farm Rural District to the Page 2 City of Corpus Christi Printed on 12/9/2019 December 10, 2019City Council Meeting Agenda - Final-revised “RS-4.5” Single-Family 4.5 District (Tract 1) and “CN-1” Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. Staff recommends approval. Planning Commission recommends denial of the zoning; therefore, a 3/4 vote is required on zoning. Sponsors:Planning & Environmental Services and Development Services 9.19-1493 Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development. Planning Commission and Staff recommend approval. Sponsors:Development Services 10.19-1494 Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. Planning Commission and Staff recommend approval. Sponsors:Development Services 11.19-1495 Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS-4.5” Single-Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development. Planning Commission and Staff recommend approval. Sponsors:Development Services 12.19-1608 Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. Sponsors:Human Resources 13.19-1541 Ordinance consenting to and ratifying an assignment of the On-Airport Rental Car Concession and Lease Agreement (“Agreement”) from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. Sponsors:Aviation Department 14.19-1569 Motion authorizing a five-year supply agreement with Miller Veterinary Supply Co., Inc. of Fort Worth, Texas, in an amount not to exceed $584,511.00 for animal food and supplies, effective upon issuance of notice to proceed, with funding in the amount of $87,676.65 available through the FY 2020 Animal Control Services’ budget in the General Fund. Sponsors:Police Department and Contracts and Procurement 15.19-1568 Motion authorizing a five-year service agreement with ESO Solutions, Inc., of Austin, Texas, in an amount not to exceed $104,920.00, for a records Page 3 City of Corpus Christi Printed on 12/9/2019 December 10, 2019City Council Meeting Agenda - Final-revised management system for the Fire Department, effective upon issuance of a notice to proceed, with first-year funding in the amount of $20,984.00 available in the FY 2020 Fire Department General Fund. Sponsors:Fire Department, Information Technology Services and Contracts and Procurement 16.19-1543 Motion authorizing a five-year license agreement with Everbridge, Inc., of Pasadena, California, in an amount not to exceed $395,232.00 , for the Reverse Alert mass notification system for the Emergency Operations Center (EOC), effective upon issuance of a notice to proceed, with first-year funding in the amount of $81,632.00 available in the FY2020 Local Emergency Planning Committee (LEPC) fund . Sponsors:Fire Department and Contracts and Procurement 17.19-1157 Resolution authorizing a five-year supply agreement with Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount not to exceed $937,500.00 for the purchase of John Deere construction equipment parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $156,250.00 available through the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement 18.19-1484 Motion awarding a contract to Associated Construction Partners, Ltd. of Boerne, Texas in the amount of $3,118,590 to upgrade the headworks and odor control systems for the Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation Project located in Council District 3, effective upon notice to proceed with funding available through FY 2020 Wastewater Capital Reserves Fund. Sponsors:Water Utilities Department and Engineering Services 19.19-1520 Motion authorizing a three-year license agreement with Routeware, Inc., of Portland, Oregon for the amount not to exceed $673,968.62 for the purchase and support of routing software for the Solid Waste Operations, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $315,948.00 available through the General Fund. Sponsors:Information Technology Services, Solid Waste Operations and Contracts and Procurement 20.19-1532 Motion authorizing a purchase of two John Deere 17G mini excavators from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas, for a total amount of $79,236.00, as additions to the fleet, to be used daily by Gas Operations to dig trenches for the installation or repair of gas lines, effective upon issuance of letter of acceptance with funding available through the FY 2020 Gas Operations Fund. Sponsors:Gas Department and Contracts and Procurement 21.19-1533 Motion authorizing a purchase of one 2019 624L John Deere wheel loader from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in Page 4 City of Corpus Christi Printed on 12/9/2019 December 10, 2019City Council Meeting Agenda - Final-revised an amount not to exceed $205,144.00, to be used by Street Operations as an addition to the fleet, effective upon issuance of letter of acceptance, with funding available in the Streets Fund. Sponsors:Street Department and Contracts and Procurement 22.19-1626 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 4% Housing Tax Credit affordable housing project known as FishPond at Corpus Christi at 1006 6th Street, Corpus Christi, Texas to be developed by FishPond Living at Corpus Christi, LP. Sponsors:Housing and Community Development 23.19-1647 Resolution relating to City of Corpus Christi’s intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $110,000,000 for Utility System expenditures budgeted in the Fiscal Year 2019-2020 Capital Improvement Plan but incurred before the issuance of the bonds. Sponsors:Finance & Business Analysis 24.19-1703 Motion approving Amendment No. 2 to a Contract with J. Schwarz & Associates, Inc. to provide engineering design and development of Delivery Orders for Fiscal Year 2020 Citywide Street Preventative Maintenance Program (SPMP) in the amount of $423,250 for a restated fee not to exceed $1,297,500, work will be city-wide and begin upon issuance of notice to proceed with funding available in the Street Operation Budget. Sponsors:Street Department and Engineering Services L.RECESS TO CORPORATION MEETING: (ITEM 25) 25.19-1630 Meeting of the North Padre Island Development Corporation Sponsors:Business Liaison M.RECONVENE COUNCIL MEETING: N.RECESS FOR LUNCH O.PUBLIC HEARINGS: (ITEMS 26 - 28) 26.19-1490 Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 27.19-1491 Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the Page 5 City of Corpus Christi Printed on 12/9/2019 December 10, 2019City Council Meeting Agenda - Final-revised “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development. Planning Commission and Staff recommend Approval. Sponsors:Development Services 28.19-1492 Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services P.REGULAR AGENDA: (NONE) Q.FIRST READING ORDINANCES: (ITEMS 29 - 36) 29.19-1618 Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. Sponsors:Police Department 30.19-1675 Ordinance eliminating, revising, modifying, and merging advisory boards and committees as a result of a thorough review. Sponsors:City Secretary's Office and Strategic Planning & Innovation 31.19-1500 Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill. Sponsors:Legal Department 32.19-1513 Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC. Sponsors:Gas Department 33.19-1349 Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $133,000 for their Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Sponsors:Economic Development 34.19-1619 Ordinance closing, abandoning, and vacating a 25-foot wide by approximately 993.17-foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. (District 1). Sponsors:Development Services Page 6 City of Corpus Christi Printed on 12/9/2019 December 10, 2019City Council Meeting Agenda - Final-revised 35.19-1638 Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020. Sponsors:Finance & Business Analysis 36.19-1691 Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. Sponsors:Engineering Services, Parks and Recreation Department and Contracts and Procurement R.BRIEFINGS: (ITEMS 37 - 38) 37.19-1719 City of Corpus Christi Port Authority Appointees Quarterly Update to City Council on Port Matters This item will be rescheduled for a later date. 38.19-1601 Corpus Christi Seawater Desalination Siting and Permiting Project Quarterly Update S.ADDENDUM ITEMS: (ITEMS 39 - 40) 39.19-1732 Ordinance authorizing a navigable canal on North Beach 40.19-1666 Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Preventative Maintenance Program Reserves. Sponsors:Engineering Services, Street Department and Contracts and Procurement T.EXECUTIVE SESSION: (ITEM 41) 41.19-1728 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to a proposed ordinance authorizing a navigable canal on North Beach, a proposed term sheet Page 7 City of Corpus Christi Printed on 12/9/2019 December 10, 2019City Council Meeting Agenda - Final-revised related thereto, state and federal laws and regulations related to land development and structures on North Beach and permit requirements related thereto, existing/potential incentive agreement(s) for development(s) on North Beach with Blackard Global, Inc. or affiliates thereof and/or Tax Increment Reinvestment Zone #4, drainage matters related thereto, hotel occupancy funding restrictions related thereto, municipal funding restrictions related thereto, and pursuant to Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, lease, and/or value of real property interests on North Beach owned or controlled by the City or other third parties when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City in North Beach and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). U.IDENTIFY COUNCIL FUTURE AGENDA ITEMS V.ADJOURNMENT Page 8 City of Corpus Christi Printed on 12/9/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, November 19, 2019 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:30 a.m. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi.B. Deacon Jesse Hinojosa gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kevin Norton, Director of Water Utilities. C. Mr. Kevin Norton led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Council Member Hunter arrived at 12:42 p.m. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring November 17-23, 2019, "National Hunger and Homelessness Awareness Week". Proclamation declaring November 2019, "#EndTheStreakTX Month". Proclamation declaring November 2019, "National Home Care and Hospice Month". Proclamation declaring December 7, 2019, "Martial Arts Recognition Day". Page 1City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes Proclamation declaring December 8, 2019, "Special Hearts Day". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. The Proclamations were presented and the Swearing-In Ceremony was conducted. ADDENDUM ITEMS: (ITEM 28)R. 28.Resolution Opposing Texas Windstorm Insurance Association Rate Increase Mayor McComb deviated from the agenda and referred to Item 28. A council member discussed the following topics: the time-sensitive nature of voting on this item in relation to the Texas Windstorm Insurance Association meeting today in an effort to increase premiums. Council Member Smith made a motion to approve the resolution, seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 031939 PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. F. Mayor McComb referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. Jack Gordy, 4118 Bray Dr., spoke regarding illegal signs; the Highway Beautification Act; and monies being forgone related to the City not fining individuals who erect illegal signs. Ellie Wright, 5034 Holly Rd., with Coldwell Banker, spoke on behalf of her real estate client purchasing a home in the River's Edge Subdivision, and in opposition to rezoning proposed in Item 19 allowing for high-density development in the London area. C. J. Johnson, 509 S. Carancahua St., spoke regarding mental illness related to shootings. Raina Page 2City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes Foster, 4714 Tiara Ln., spoke in support of a newly proposed subdivision, related to Item 19, in the London area. Chris Kuehn, 7038 Pharaoh Dr., spoke is support of development and rectifying drainage issues on North Beach. Gloria Scott, 4422 S. Alameda St., spoke in support of using the Spohn Memorial Hospital building to house homeless individuals. Lindsay Gee, 2409 Shaftsbury Dr., spoke regarding County Road 33 not having been annexed in a recent annexation; and infrastructure concerns in the London area related to agenda item 19. Chad Magill, 641 Texas Ave., spoke in support of and a decision timeline for the Grand Canal on North Beach. Sara Mostaghasi, 4033 Wildfire, spoke in opposition to the commercial portion of the development that is the subject of agenda item 19. Adam Carrington, 2749 Riverbend Court, thanked City Manager Zanoni for meeting with Hillcrest residents. Leslie Tapia, 2542 Balchek Ln., spoke in opposition to the change in zoning to "CN-1" in Item 19. Jeannie Hunter, Sahara Dr., spoke in support of the Grand Canal and development on North Beach. BRIEFINGS: (ITEM 26)P. 26.Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q3 2019) Mayor McComb deviated from the agenda and referred to Item 26. President and Chief Executive Officer of the Corpus Christi Regional Economic Development Corporation (CCREDC) Iain Vasey presented information on the following topics: employment by sector for selected month in the Corpus Christi Metropolitan Statistical Area (MSA); project activity report; attraction projects; business attraction and recruitment; business retention and expansion; what we are working on; Explore the Coastal Bend; Corpus Christi Opportunity Zones; and social media in which the CCREDC is engaged. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) Development Services Department Task Force meetings take place the second Friday of each month. 2) Public Works will be undergoing a comprehensive best practices analysis, compared to 8 major Texas cities, including evaluating staffing levels and whether certain services should be outsourced or performed by in-house personnel. 3) The Texas Department of Transportation is suspending design services on the new Harbor Bridge; construction is continuing; and the National Transportation Safety Board is performing a review that will result in a report being issued in about 30 days. 4) City offices will be closed on November 28 and 29, 2019 for the Thanksgiving holiday; and changes in garbage collection and landfill hours of operation due to the Thanksgiving holiday. MINUTES:H. 2.Regular Meeting of November 12, 2019. Page 3City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes Mayor McComb referred to Item 2. A motion was made by Council Member Garza, seconded by Council Member Molina, that the Minutes be passed. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS: (NONE)I. EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 3 - 17)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council Member Garza stated he was abstaining on Items 4 and 7. Council Member Hernandez requested that Item 11 be pulled for individual consideration. Council Member Hunter stated he was abstaining on Item 4. There were no comments from the Council or the public. A motion was made by Council Member Molina, seconded by Council Member Garza, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Second Reading Ordinances - Consent 3.One Reading Ordinance to approve the Final Project and Financing Plan for the North Beach Tax Increment Reinvestment Zone No. 4 in order to accommodate Opportunity Zone deadline for North Beach development This Ordinance was passed on emergency on the consent agenda. Enactment No: 031929 5.Ordinance accepting and appropriating Airport Grant #58 in the amount of $9,445,368; awarding a contract in the amount of $6,884,574.42 with Airfield Contracting, a Joint Venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas for the total base bid and additive alternates 1 and 2 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects, effective upon issuance of notice to proceed, with funding available in the Airport Capital program by acceptance of the grant and; transferring $1,049,486 as a 10% grant match from the unreserved fund balance of the Airport Operational Fund. Page 4City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes This Ordinance was passed on second reading on the consent agenda. Enactment No: 031931 6.Ordinance amending Section 53-109 of the City Code which allows golf carts in certain areas by adding neighborhood electric vehicles and off-highway vehicles as an allowable mode of transportation within the city, specifically North Padre Island, Mustang Island, and North Beach; and providing for a penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031932 8.Ordinance amending the FY2019-2020 Operating Budget, adopted by Ordinance No. 031870, to create a temporary provisional Fire Captain position within the Fire Department complement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031934 9.Ordinance disannexing approximately 540.79 acres of land located in the La Quinta corridor from the City of Corpus Christi, Texas pursuant to an amendment to a Chapter 380 economic development incentive agreement with the Port of Corpus Christi Authority and voestalpine Texas, LLC; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031935 10.Ordinance abandoning and vacating a 10-foot wide by approximately 180-feet in length (1,800 sq. ft.) portion of an existing drainage easement out of Lots 3 & 4, Block 1, Padre Island - Corpus Christi Section E located at 15045 & 15041 Aruba Drive. (District 4) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031936 Contracts and Procurement - Consent 12.Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, in an amount not to exceed $616,962.97 to purchase brass service fittings, including valves, elbows, and couplings for the City Warehouse as a central distribution for the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 estimated funding in the amount of $171,378.61 available in the Stores Fund. Page 5City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes This Motion was passed on the consent agenda. Enactment No: M2019-192 13.Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, in an amount not to exceed $562,650.00 to purchase fire hydrants for the City Warehouse as a central distribution for the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 estimated funding in the amount of $156,291.67 available through the Stores Fund. This Motion was passed on the consent agenda. Enactment No: M2019-193 14.Motion authorizing a purchase with Silsbee Ford of Silsbee, Texas in an amount not to exceed $276,642.50 for ten 2019 Ford F-150 regular cab pick-up trucks to be used by the ten additional Engineering Services Inspectors that were added as part of the FY 2020 Budget process, effective upon issuance of a letter of acceptance, with funding available in the Engineering Services fund. This Motion was passed on the consent agenda. Enactment No: M2019-194 15.Motion authorizing a two-year license maintenance renewal agreement with Hexagon Safety & Infrastructure of Madison, Alabama in an amount not to exceed $561,249.79, for use and maintenance of Intergraph software in support of public safety, effective upon issuance of a notice to proceed, with the FY 2020 funding in the amount of $273,308.53 available through the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2019-195 General Consent Items 16.Resolution authorizing an interlocal agreement with Bexar Metro 9-1-1 Network for business continuity, with a five-year term and five one-year renewal options, at an annual cost of $28,800.00. This Resolution was passed on the consent agenda. Enactment No: 031937 17.Resolution authorizing outside city limits water contract pursuant to Corpus Christi Code 55-113 with property owner to provide water service to the property described as Laureles Farm Tracts 4 and 5 located at 2459 County Road 51. Page 6City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes This Resolution was passed on the consent agenda. Enactment No: 031938 4.Ordinance authorizing a Water Arterial Transmission and Grid Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes, LTD to extend a water transmission and grid main line for a planned residential subdivision located on CR-33 with a completion date of May 30, 2021;and appropriating $1,233,230.25 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer per agreement. (District 3) Mayor McComb referred to Item 4. There were no comments from the Council or the public. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 7 - Abstained:Council Member Garza and Council Member Hunter2 - Enactment No: 031930 7.Ordinance to amend the 40-year Lease Agreement with SQH Sports & Entertainment, Inc., which was originally authorized on October 18, 2016 for the lease of approximately 67.69 acres of unimproved land near State Highway 286 and FM 43 (Weber Road) for a regional youth sports complex, with the amendment to provide for extension of the performance milestones in the lease and notice of default. Mayor McComb referred to Item 7. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:Council Member Garza1 - Enactment No: 031933 11.Motion authorizing Amendment No. 1 to Supply Agreement No. 1266 with Carus Corporation, of Peru, Illinois, for a total amount not to exceed $174,762.00 for the 24-month term, increasing the 24-month contract Page 7City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes amount from $3,407,859.00 to $3,582,621.00, allowing a price increase to the contract for the purchase of sodium permanganate for the treatment of potable drinking water at the O. N. Stevens Water Treatment Plant, with funding available through the Water Fund. Mayor McComb referred to Item 11. In response to a council member's questions, Director of Water Utilities Kevin Norton stated that there are additional chemicals coming up for bid early in 2020; and that there are two companies that can supply the sodium permanganate that is the subject of this agenda item. There were no comments from the public. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Barrera1 - Abstained:0 Enactment No: M2019-191 PUBLIC HEARINGS: (ITEMS 18 - 19)M. 18.Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm-to-Market 43 and County Road 43. Mayor McComb deviated from the agenda and referred to Item 18. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is consider the voluntary annexation request of John Tamez of 281 acres located in the London area. Director McGinn presented information on the following topics: background; aerial overview of annexation tract; proposed development; fiscal impact analysis - General Fund; and staff's recommendation for approval. Mayor McComb opened the public hearing. There were no comments from the Council or public. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Page 8City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes Abstained:0 19.Ordinance annexing approximately 446.4 acres of land into the territorial limits of the City of Corpus Christi; and rezoning said annexed property at or near 1442 Farm-to-Market (FM) 43 from “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District (Tract 1) and “CN-1” Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. Staff recommends approval. Planning Commission recommends denial of the zoning; therefore, a 3/4 vote is required on zoning. Mayor McComb referred to Item 19. A council member and Director of Planning and ESI Daniel McGinn discussed legal requirements relating to annexing County Road 33 during past annexations; and communications with Nueces County, London Independent School District and the developer regarding enhancements to County Road 33. Mayor McComb stated that Council Members Garza and Roy were abstaining on this item. In response to a council member's question, City Secretary Rebecca L. Huerta stated that, per the Unified Development Code, if an amendment has been recommended for denial by the Planning Commission, as is the case with this item, the amendment shall not become effective without a three-quarter vote of all the City Council members; per state law, only formal abstentions or vacancies reduce the number of votes required; in this instance, two council members have filed formal abstentions; subtracting from 9 council members the 2 abstentions, 7 members remain; and three-quarters of 7 members is 6 votes that are required for passage of this item. Director of Planning and ESI Daniel McGinn presented information on the following topics: background; aerial overview of subject property; proposed development plan; zoning pattern; fiscal impact analysis - General Fund; preliminary draft future land use map; zoning pattern; and staff's recommendation to approve. Mayor McComb opened the public hearing. Gary Friudenberg, 2528 Digger Ln., spoke in opposition to the re-zoning. Brittany Hernandez, representing her parents who live in the London area, spoke regarding a plan for the London area; concerns regarding high-density development; and drainage. Sandra Bransford, representing herself and 31 home owners in the Nottingham Acres Unit 1 Home Owners' Association, spoke is opposition to the requested change in zoning to "CN-1". Jimmy Dodson, 4222 Farm-to-Market Road 665, spoke regarding the history of his family in Corpus Christi, in the London area and development in Corpus Christi and in support of Item 19. James Davis, 1787 Farm-to-Market Road 43, spoke in opposition to the requested change in zoning to "CN-1" and in support of growth. Kara Campbell, London area resident, asked for clarification regarding the zoning and spoke regarding concerns relating to the order of development; postponing a decision on this re-zoning item until a plan is in place to address the London area; and wastewater capacity. Scott McDonald, Page 9City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes 1373 S. Hampton, an applicant for the proposed annexation, spoke in support of Item 19. John Wallace, 12 Camden Place, stated that he represented Moses Mostaghasi in buying the land for this project; and spoke in support of the proposed master planned community. John Bell, 615 N. Upper Broadway, Ste 1100, representing the owners of the River's Edge Development, stated his clients are not opposed to the annexation or this development; but are in opposition to the requested change of zoning to "CN-1" that is part of this Item; suggested modifications to the proposed change in zoning; discussed the negative effect of the proposed change in zoning on his client's planned development; and discussed with a council member if there is a plan for an apartment complex on the subject property. Reagan Brown, 5830 McCardle, spoke in support of the planned development; and using multi-family property as a buffer between commercial and single-family residential properties. Moses Mostaghasi, Bar Le Doc Dr., spoke regarding the proposed master planned drainage system that is to be installed; the condition of County roads in the subject area; the number of homes to be constructed in the development; a new four-lane road to be constructed; and a Texas Department of Transportation study. Council members and Moses Mostaghasi discussed the following topics: multi-family housing is not planned; septic systems will not be used; the plan for part of the property that is in the floodplain; installation of a master drainage ditch; the base flood elevation for new development projects; and the cost of infrastructure improvements before homes are built. Mayor McComb closed the public hearing. Council members and Mr. Mostaghasi discussed the following additional topics: what happens to a fireworks stand if this annexation item is approved; standing water in the area; controlled development; the number of homes anticipated to be built in the area by other developments; the acreage needed in order to use a septic system; annexing London School and County Road 33; fire protection for London Independent School District (London ISD); the use of a Public Improvement District (PID); Corpus Christi's city limits versus London ISD's boundaries; if the City has an obligation to respond to calls for fire and police services in the area outside the city limits and related agreements; the number of lots per acre; and the average square feet of a lot. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Guajardo. In response to a question from a council member, Director of Development Services Al Raymond stated that the applicant has requested that Council approve or deny the change in zoning as presented. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 7 - Abstained:Council Member Garza and Council Member Roy2 - Page 10City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes EXECUTIVE SESSION: (ITEM 27)Q. Mayor McComb deviated from the agenda and referred to Executive Session Item 27. The Council went into executive session at 2:32 p.m. The Council returned from executive session at 3:13 p.m. 27.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP and North Padre Waterpark Holdings, Ltd., a Developer Agreement for Park Road 22 Bridge and Village Canal with Padre Island Holdings, LLC and Diamond Beach Holdings, LLC and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Item 27. RECESS THE CITY COUNCIL MEETING:S. Mayor McComb recessed the meeting at 3:14 p.m. to hold a meeting of the Tax Increment Reinvestment Zone Number 4 (TIRZ#4). RECONVENE CITY COUNCIL MEETING:T. Mayor McComb reconvened the meeting at 3:45 p.m. PUBLIC HEARINGS: (ITEMS 20 - 22)M. 20.Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development. Planning Commission and Staff recommend approval. Mayor McComb referred to Item 20. Mayor McComb stated that Council Member Garza was abstaining on Item 20. Director of Development Services Al Raymond stated that the purpose of this item is to rezone the subject property from "RM-3" Multi-Family 3 District and Page 11City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes "ON" Neighborhood Office District to "RM-3/PUD" Multi-Family 3 District with a Planned Unit Development for the purpose of constructing a 112-unit senior housing community. Director Raymond presented information on the following topics: aerial overview; subject property at 1000 6th Street; zoning pattern; deviation table; master site plan; and the Planning Commission's and staff's recommendation to approve. A council member, City Manager Peter Zanoni and Director Raymond discussed the following topics: if the requested change in zoning would impact the zoning designation of other area properties; and if the planned construction would impact the foundation of neighboring homes. Mayor McComb opened the public hearing. There were no comments from the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:Council Member Garza1 - 21.Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. Planning Commission and Staff recommend approval. Mayor McComb referred to Item 21. Director of Development Services Al Raymond stated that the purpose of this item is to amend the development agreement for the planned unit development located at 14836 Granada Drive for the purpose of allowing for the development of a 27-unit single-family town home development. Director Raymond presented information on the following topics: aerial overview; subject property at 14836 Granada Drive; that the requested amendment will allow for short-term rentals and increase the site's development height; zoning pattern; deviation table; master site plan; and Planning Commission's and staff's recommendation to approve. Council members and Director Raymond discussed the following topics: adopting elevation requirements across the board on the Island; base flood elevation; and the frequency with which the Federal Emergency Management Agency changes flood maps. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. Mayor McComb opened the public hearing. There were no comments from the Page 12City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes public. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 22.Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS-4.5” Single-Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development. Planning Commission and Staff recommend approval. Mayor McComb referred to item 22. Director of Development Services Al Raymond stated that the purpose of this item is to rezone the subject property from "RS-4.5" Single-Family 4.5 District to "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development (PUD) for the purpose of constructing 36 single-family homes. Director Raymond presented information on the following topics: aerial overview; subject property at 6810 Bison Dr.; zoning pattern; deviation table; revised master site plan; cross section of Air King and Bill Witt Drives; and Planning Commission's and staff's recommendation to approve. Council members, Director Raymond, Assistant Director of Development Services Michael Dice and Assistant City Attorney Buck Brice discussed the following topics: width and length of sidewalks to be constructed; requirements for width and length of sidewalks; and that multiple notices were returned by the same individual; and the legal requirements for providing notice to area property owners. Mayor McComb opened the public hearing. Moses Mostaghasi discussed the reason for utilizing a PUD; the reason for the size of the sidewalks to be constructed; and ingress and egress into/out of Bill Witt Park. A council member and Mr. Mostaghasi discussed the following topics: utilities available at the subject property; a buffer between homes and property zoned light industrial; and the sufficiency of the depth of setbacks. A council member, Assistant Director Dice and City Manager Zanoni discussed crushed granite versus concreate walkways; and the status of the Bill Witt master plan. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. A council member and Assistant Director Dice discussed the following topics: multiple notifications regarding the proposed change in zoning having been mailed to and received from the same person; ownership of an adjacent subdivision; and building a permanent road into Bill Witt Park. Page 13City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes Mayor McComb closed the public hearing. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (ITEMS 23 - 25)O. 23.Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. Mayor McComb referred to Items 23 - 25. Item 25 was withdrawn by staff. A council member requested that Item 29 be pulled for individual consideration. A council member asked if Items 29 and 30 were related. A council member requested that Item 30 be pulled for individual consideration. There were no comments from the public. Council Member Smith made a motion to approve Items 23 and 24, seconded by Council Member Hunter. These ordinances were passed on first reading and approved by one vote. Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 24.Ordinance consenting to and ratifying an assignment of the On-Airport Rental Car Concession and Lease Agreement (“Agreement”) from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. This Ordinance was passed on first reading by one vote (see Item 23). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Page 14City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes Abstained:0 25.Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill. This Item was withdrawn by staff. ADDENDUM ITEMS: (ITEMS 29 - 30)R. 29.First Reading Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. Mayor McComb referred to Item 29. Assistant City Manager Keith Selman stated that the purpose of this item is to increase the funding in the Tax Increment Reinvestment Zone Number 2 (TIRZ#2) project and financing plan for Park Road 22 bridge project costs by $2,884,815.66 to $6,884,815.66. Mayor McComb called for comments from the public. Charles Duffley, representing IBC and AXYS Capital, discussed the investment to be made; increased property values; and development of the canal. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Hunter. A council member and Assistant City Manager Selman discussed funds encumbered in TIRZ#2 for this project; and that the resources are available to cover this project. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 30.First Reading Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. Mayor McComb referred to Item 30. Page 15City of Corpus Christi Printed on 12/4/2019 November 19, 2019City Council Meeting Minutes Assistant City Manager Keith Selman stated that the purpose of this item is to appropriate the resources that are the subject of Item 29. There were no comments from the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 IDENTIFY COUNCIL FUTURE AGENDA ITEMSU. Mayor McComb referred to Identify Council Future Agenda Items. City Manager Peter Zanoni reminded everyone of the December 3, 2019 9:00 a.m. joint work session between Nueces County Commissioners and the City Council to discuss items related to TIRZ#4. A council member requested quarterly reports from the Engineering Services Department on the Facilities Multiple Award Contract (FMAC) and Indefinite Delivery/Indefinite Quantity (IDIQ) programs. ADJOURNMENTV. The meeting was adjourned at 4:40 p.m. Page 16City of Corpus Christi Printed on 12/4/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council Workshop Session 9:00 AM City Council ChambersTuesday, December 3, 2019 JOINT CITY COUNCIL AND NUECES COUNTY WORKSHOP Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 9:06 a.m. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.B. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. BRIEFINGS TO CITY COUNCIL:C. 1.Joint City Council and Nueces County Workshop on North Beach Projects Mayor McComb referred to Item 1. City Manager Peter Zanoni provided an introduction to the items that were to be discussed and welcomed Nueces County Commissioners. Assistant City Manager Mark Van Vleck presented information on the following topics: comprehensive coastal engineering project; drainage mitigation; raise streets; canal and jetties; breakwater and islands; and permitting requirements. Director of Planning and ESI Daniel McGinn presented information on the following topics: eco park location map, previous plans, and project timeline; and community design workshop concepts. Development Services' Policy Administrator Yvette Dodd-Wallace presented information on the following topics: velocity zone; base flood elevations; development requirements; 44 Code of Federal Regulations 60.3 (e)(6); Federal Emergency Management Agency (FEMA) concerns; and the Whitecap Seawall example. Business Liaison Arlene Medrano presented information on the following Page 1City of Corpus Christi Printed on 12/6/2019 December 3, 2019City Council Workshop Session Meeting Minutes topics: updates on property values relating to condominiums; update on property values; and changes to base value and increment. President and Chief Executive Officer of the Corpus Christi Regional Economic Development Corporation (CCREDC) Iain Vasey presented information on economic impact. County commissioners, city council members and city staff discussed the following topics related to North Beach: funding a canal; development commitments; FEMA's concerns; design changes to the canal; cooperation between Nueces County and the City of Corpus Christi; canals as a means to address drainage; community support for a canal; making North Beach a priority; performing due diligence regarding the canal project; Jeff Blackard's development history; miscommunication; actions seeming to not reflect the stated commitment to the canal project; the amount of time this project has been under consideration; Nueces County's efforts to date supporting the project; the importance of moving the canal project ahead at a faster pace; disappointment with City staff's presentation and recommendation; the link between infrastructure development and economic development; concern about the community; that North Beach has a drainage issue; Nueces County foregoing ad valorem taxes to incentivize development on North Beach; that infrastructure improvements are needed to address flooding; seawalls; bulkheads; barrier islands; breakwaters; the detrimental effect that potential increases in sea level will have on North Beach; tidal fluctuations; why invest in an eco park; ownership of submerged land; Community Development Block Grant funds available through the U. S. Department of Housing and Urban Development for drainage related to the canal project; the City pushing developers aside; the feasibility of a navigable canal for drainage; reasons to say yes to developing a navigable canal versus the reasons to say no; a coastal project versus a drainage project; the urgency, intent and will to undertake the canal project; if Capital Market Research, referenced by Mr. Vasey, submitted a report; the purpose of the canal; a similar project on Staten Island New York; City staff providing written comments to the Texas General Land Office (GLO) regarding monies available for coastal projects; wanting to have been provided both sides, pros and cons, of the canal project at this workshop; a multi-layered approach to developing North Beach; that Packery Channel has worked well; protections in velocity zones in the City. In response to a council member's questions, Mr. Vasey discussed the following topics: the CCREDC's contracted economic development study presented by Mr. Vasey today; economic development guarantees; and if the canal will add value to surrounding properties. In response to questions from a council member, Chip Urban, Urban Engineering, discussed the following topics: the extent to which the canal will address drainage issues; if the canal alone will solve the drainage issues on North Beach; and tidal flooding. The council member discussed the negative nature of staff's presentation today. In response to a council member's questions, Jeff Blackard, Blackard Global, discussed the following topics: the flow of water in the canal; soil conditions under the old railroad tracks; the location of the opening of the canal to the Page 2City of Corpus Christi Printed on 12/6/2019 December 3, 2019City Council Workshop Session Meeting Minutes beach; de-silting of the canal; certainty of developers developing North Beach; developers who are ready now; and discussions Mr. Blackard has had with the U. S. Army Corps of Engineers and the GLO. County commissioners, city council and City staff discussed the following topics: project financing and related timeline; safety concerns; managing risks to taxpayers related to the canal project; what-if scenario if nothing is done; utilizing a canal or a drainage ditch; elevating the peninsula; elevating streets on North Beach; engineering shortcomings related to the forces of nature; previous discussions about freeboard and velocity zones; freeboard requirements in place now on North Beach; steps stipulated by FEMA related to in-fill; various sources of fill dirt potentially available from ongoing projects in the community; state law requirements regarding mitigation of runoff created by new development; staff seeking solutions to make this project happen; staff finding and presenting to Council solutions that can make this project happen; that the canal can be much more than drainage; Council's support for North Beach and related projects; that the cost of the canal project is not definitively known; that changes to the design and location of the canal result in changes in cost; North Beach's potential; that hard costs are needed to present to the taxpayers; issues that need to be worked through; the history of meetings on this canal project; incentives for the Frazier Hotel; Type A and B projects on North Beach; when and if 100% of the unknowns related to the canal will be resolved; that funding options were not discussed during this workshop; a comprehensive North Beach drainage discussion and plan; history of drainage solutions proposed for North Beach; the importance of addressing the drainage problem on North Beach; identifying the goal and obstacles; the developer's timeline; competing City issues; if a decision on the canal and its associated cost can be identified within the developer's timeline; leadership and identifying priorities; the City and Nueces County working cooperatively; that the developer's deadline is a problem; and what the Council needs to know before moving forward with the canal project. In response to questions from a council member, James Shiner, Engineer, discussed the following topics: the negative consequences, related to movement of sand on the beach, if the opening of the canal, to the beach, is positioned in the middle of the beach; water quality in the canal; wave energy in the canal; eliminating breakwaters in relation to the ease of permitting for the canal project; and solving unknowns via the application of engineering. County commissioners, city council members and City staff discussed the following additional topics: establishing a floor and ceiling related to the cost of the canal project; a county-wide drainage plan; potential funding sources (including multi-jurisdictional funding) of breakwaters and seawalls; the range of investment related to wastewater that may be required of the City to satisfy an agreed settlement between the City and the U. S. Environmental Protection Agency; the potential for increases to taxpayers and in utility rates related to the canal project; property tax revenue caps recently imposed by state statute; that new growth is not subject to those property tax revenue caps; and information related to a previous meeting between the Mayor and Jeff Blackard. City Manager Zanoni and Mr. Blackard discussed various aspects of the recent proposal between the City and Mr. Blackard, including what the City and Mr. Blackard would and would not have to pay for related to the proposed canal on North Beach. Page 3City of Corpus Christi Printed on 12/6/2019 December 3, 2019City Council Workshop Session Meeting Minutes ADJOURNMENTD. The meeting was adjourned at 12:15 p.m. Page 4City of Corpus Christi Printed on 12/6/2019 Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *Chad Magill District 2 1 1/10/2017 12/31/2019 City Council Seeking reappointment City 11/12 meetings 91% Adam Smith 1 12/31/2013 12/31/2019 Corpus Christi Regional Economic Development Corporation Past Chair Active Membership Wayne M Squires District 4 1 N/A 12/31/2019 Corpus Christi Regional Economic Development Corporation Treasurer Active Port Authority Judith Talavera 1 N/A 12/31/2019 Corpus Christi Regional Economic Development Corporation Active Membership Chris Hamilton District 3 1 12/31/2017 12/31/2020 Corpus Christi Regional Economic Development Corporation Active Membership Gabriele Hilpold District 4 2 1/27/2015 12/31/2020 City Council Active City Eighteen (18) Directors, of which six (6) are designated by the City of Corpus Christi to represent the public sector; one of which shall be the Mayor of the City of Corpus Christi and another a Council member appointed by the Mayor. The remainder of the Board shall be comprised of not more than eight (8) Directors to represent the private sector elected by the Corporation’'s membership in accordance with its bylaws. Representing the public sector, two (2) shall be appointed by the Port of Corpus Christi Authority, and up to two (2) designated by any other governmental entities that each contribute at least $50,000 annually to the Corporation. The Board may also consist of such additional, non-voting, ex-officio Directors as determined by resolution. The directors shall serve not more than two, consecutive, three-year terms as provided in the Corporation’'s bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. Three year staggered terms. The Corpus Christi Regional Economic Development Corporation performs as an advisory board to the City Council and investigates and recommends to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION *One (1) vacancy with term to 12/31/2022, representing the following category: 1 - City. 12-10-19 Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Jordan Anderson 2 12/31/2016 12/31/2021 Corpus Christi Regional Economic Development Corporation Active Membership Robert Blair District 1 2 12/15/2015 12/31/2021 Corpus Christi Regional Economic Development Corporation Chair Active Membership Toby Hammett Futrell District 4 2 8/25/2015 12/31/2021 City Council Secretary Active City William Goldston District 4 1 3/20/2018 12/31/2021 City Council Active City Alfred "Al" B Jones District 4 2 12/31/2014 12/31/2021 Corpus Christi Regional Economic Development Corporation Active Membership Philip J Ramirez District 4 2 1/1/2016 12/31/2021 Corpus Christi Regional Economic Development Corporation Vice-Chair Active Membership Richard R Valls Jr.District 4 2 12/31/2014 12/31/2021 Port of C.C. Authority Active Port Authority Joe McComb 1 5/18/2017 N/A Mayor Term of Office, Voting Active City Peter Zanoni 1 N/A N/A City of Corpus Christi City Manager Active City Rudy Garza District 5 1 N/A N/A Mayor Joe McComb Term of Office, Voting Active City Lenora Keas Other / Non- Resident N/A N/A N/A Del Mar College Ex-Officio, Non- voting Active Del Mar Alyssa M Barrera District 1 1 N/A N/A Corpus Christi Convention and Visitors Bureau Ex-Officio, Non- voting Active Corpus Christi Convention and Visitors Bureau Sylvia A Tryon Oliver District 2 1 N/A N/A CC Black Chamber Ex-Officio, Non- voting Active CC Black Chamber Herman Rodriguez 1 N/A N/A City of Robstown Board Chair Active Robstown Marshall Davidson 1 N/A N/A San Patricio County EDC Ex-Officio, Non- voting Active San Patricio County EDC 12-10-19 Name District Term Appt. date End date Appointing Authority Position Status Category Attendance John Rue 1 N/A N/A Corpus Christi Chamber of Commerce Ex-Officio, Non- voting Active United Corpus Christi Chamber of Commerce Cathy Skurkow 1 N/A N/A City of Portland Term of Office, Voting Active Mayor of Portland David R Krebs 1 N/A N/A San Patricio County Term of Office, Voting Active San Patricio County Judge Sean Strawbridge 1 N/A N/A Port of C.C. Authority Ex-Officio, Non- voting Active Port Authority Brent Chesney N/A N/A N/A Nueces County Ex-Officio, Non- voting Active Nueces County Dr. Kelly Quintanilla N/A N/A N/A Texas A&M University- Corpus Christi Ex-Officio, Non- voting Active TAMUCC Ken Trevino District 1 N/A N/A N/A WorkForce Solutions Ex-Officio, Non- voting Active WorkForce Solutions Butch Pool 1 N/A N/A Nueces County Active Nueces County 12-10-19 Name District Category *Curtis T Clark District 5 City Natesh Kumar District 5 City Jonathan S Nabours District 2 City Jason Page District 4 City Christopher P Stevenson District 5 City CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Applicants *Currently serves on the Airport Board. Willing to resign if appointed. Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *John McMullan District 5 1 5/9/2017 12/31/2019 City Council Seeking reappointment Registered Professional Engineer 7/8 meetings - 88% *Paul S. Cervantes District 5 1 3/20/2018 12/31/2019 City Council Seeking reappointment Master Elec. 4/6 meetings - 67% (1 excused absence) *Vacancy 1 N/A 12/31/2019 City Council Active Commercial Builder *Vacancy 1 N/A 12/31/2020 City Council Active Home Builder *Vacancy 1 N/A 12/31/2020 City Council Active Electrical Eng William R Ashcraft Jr.District 4 2 5/9/2017 12/31/2020 City Council Active Utility Power Distr. David A Carranco District 3 2 5/9/2017 12/31/2020 City Council Vice-Chair Active Journeyman Elec James Hernandez District 3 1 2/19/2019 12/31/2020 City Council Active Master Elec. Robert Sandate District 3 3 3/24/2015 12/31/2020 City Council Chair Active Electrical Supply Business Lyndon E Smiling District 4 2 5/9/2017 12/31/2020 City Council Active Not conn. to Elec. industry Ten (10) persons appointed by the City Council: two (2) persons with at least five years active experience as a master electrician; one (1) person with at least five years active experience as a journeyman electrician; two (2) engineers, one (1) of whom shall have a bachelor of science degree in electrical engineering and a minimum of five (5) years experience in the practice of electrical engineering, preference for appointment may be given to professional engineers licensed in the State of Texas; one (1) person with five (5) years experience in the commercial building industry; one (1) person with five (5) years experience in the home building industry; one (1) person not connected with the electrical industry; one (1) person who shall be a field representative from a utility power distribution company that services the Corpus Christi area and have had at least five (5) years of experience; and one (1) person who shall have at least five (5) years of experience in the electrical supply business. Six (6) members of the Board constitute a quorum, and concurring vote of not less than six (6) members is necessary to constitute an official action of the Board. Members serve two-year staggered terms. The Electrical Advisory Board shall review grievances filed against any licensed electrical contractor and other grievances filed within the scope of the City Electrical Code, and concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective. Furthermore, the Electrical Advisory Board shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Electrical Code. *Five (5) vacancies with terms to 12-31-20 and 12-31-21, representing the following categories: 1 - Registered Professional Engineer, 1 - Master Electrician, 1 - Commercial Builder, 1 - Home Builder, 1 - Electrical Engineer. (Note: Staff is recommending the postponement of 1 - Commercial Builder, 1 - Home Builder and 1- Electrical Engineer for further recruitment.) ELECTRICAL ADVISORY BOARD 12-10-19 Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category *Vacant 1 11/21/2018 11/20/2021 City Council Vacant Real Estate *Lisa A. Garza District 3 1 2/14/2017 11/20/2019 City Council Exceeded the number of absences allowed by ordinance Regular Member Jillian Becquet District 5 2 3/24/2015 11/20/2020 City Council Chair Active Historian Kathleen De La Garza District 2 1 7/17/2018 11/20/2020 City Council Active Regular Member Bert Rucker Jr.District 4 2 9/9/2014 11/20/2020 City Council Active Regular Member Dr. Bryan E. Stone District 5 1 7/17/2018 11/20/2020 City Council Active Regular Member Craig Thompson District 2 2 9/9/2014 11/20/2020 City Council Active Engineer Randy J. Dees Sr.District 2 2 4/19/2016 11/20/2021 City Council Active Regular Member Monica Rawlings District 5 1 2/12/2019 11/20/2021 City Council Active Title Search Dr. Christine Reiser Robbins District 4 2 5/10/2016 11/20/2021 City Council Active Historian Dr. Ira J Freeman AIA District 4 1 2/14/2017 11/20/2022 City Council Active Architect Eleven (11) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, one (1) licensed real estate salesperson, (1) registered architect, one (1) structural or civil engineer, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. All terms for three years. The Landmark Commission promotes the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. *Two (2) vacancies with terms to 11-20-21 and 11-20-22, representing the following categories: 1 - Regular Member, and 1 - Real Estate. LANDMARK COMMISSION 12-10-19 Name District Category Madeleine Fontenot District 2 Historian and Regular Member Myron Grossman District 4 Real Estate and Regular Member LANDMARK COMMISSION Applicant Duties: Composition Name Term Appt. date End date Appointing Authority Position Status *Rudy Garza 3 12/10/2013 12/31/2019 City Council Term Expiring *Michael T. Hunter 1 4/12/2016 12/31/2019 City Council Term Expiring *Ben Molina 1 12/20/2016 12/31/2019 City Council Term Expiring *Everett Roy 1 5/8/2018 12/31/2019 City Council Term Expiring *Greg Smith 1 12/20/2016 12/31/2019 City Council President Term Expiring Roland Barrera 1 1/15/2019 12/31/2020 City Council Active Paulette Guajardo 2 12/20/2016 12/31/2020 City Council Active Gil Hernandez 1 1/15/2019 12/31/2020 City Council Active Joe McComb 2 12/20/2016 12/31/2020 City Council Vice-President Active NORTH PADRE ISLAND DEVELOPMENT CORPORATION *Five (5) vacancies with terms to 12/31/2021. (Historically, Council Members have been appointed to this board.) The North Padre Island Development Corporation manages the Reinvestment Zone No. 2 and implements the project and financing plan. Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two-years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, with or without cause, by the City Council. The officers of the Corporation shall be the President, Vice President, a secretary, a Treasurer, and such other officers as the City Council may from time to time elect or appoint. One person may hold more than one office except that one person shall not concurrently hold the office of President and Secretary. The term of office for each officer shall be (1) one year with the term of office expiring on July 31 of each year. Officers may be reelected. 12-10-19 Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *David Engel District 4 2 12/10/2013 12/31/2019 City Council Seeking reappointment City 11/11 meetings 100% Catherine Hilliard Partial 2/19/1919 12/31/2019 Nueces County Active County Richard Bowers Other / Non- Resident 2 12/3/2014 12/31/2020 Nueces County Active County Wayne M Squires District 4 2 1/20/2015 12/31/2020 City Council Vice-Chair Active City Charles Zahn 3 1/11/2012 12/31/2020 Nueces County Chair Active County Wes Hoskins District 1 2 1/1/2016 12/31/2021 San Patricio County Active San Patricio Richard R Valls Jr.District 4 2 12/10/2013 12/31/2021 City Council Secretary Active City Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioner's Court and one (1) San Patricio County for three-year staggered terms. Each person who is appointed or elected shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the Port Commission. Commissioners may serve up to four (4) three-year terms. The Port of Corpus Christi Authority of Nueces County, Texas follows the laws prescribed in Article XVI, Section 59 of the Texas Constitution. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS *One (1) vacancy with term to 12/31/2022, representing the following category: 1- City. 12-10-19 Name District Category *Curtis T Clark District 5 City Jonathan S Nabours District 2 City **Philip J. Ramirez District 4 City Christopher P Stevenson District 5 City PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Applicants **Serves on the Corpus Christi Regional Economic Development Corporation. Resignation is not required, appointed by Corporation's membership. *Currently serves on the Airport Board. Willing to resign if appointed. Composition Name Term Appt. date End date Appointing Authority Position Status Category *Vacant 1 11/1/2020 City Council Active Community Member Roland Barrera 1 11/12/2019 11/1/2020 City Council Active City Barbara Canales 1 11/12/2019 11/1/2020 City Council Vice-Chair Active Nueces County Joe McComb 1 11/12/2019 11/1/2020 City Council Active City Gil Hernandez 1 11/12/2019 11/1/2020 City Council Active City Michael Hunter 1 11/12/2019 11/1/2020 City Council Active City Ben Molina 1 11/12/2019 11/1/2020 City Council Active City Greg Smith 1 11/12/2019 11/1/2020 City Council Active City Steve Banta 1 11/12/2019 11/1/2021 City Council Active Director of USS Lexington Rudy Garza 1 11/12/2019 11/1/2021 City Council Active City Paulette Guajardo 1 11/12/2019 11/1/2021 City Council Active City REINVESTMENT ZONE NO. 4 BOARD *One (1) vacancy with term to 11-1-20, representing the following category: 1 - Community Member. Duties The Reinvestment Zone No. 4 Board shall make recommendations to the City Council concerning the administration of the Zone (North Beach). The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone, and submit the plans to the City Council for its approval under Section 311.011, Texas Tax Code. The City Council specifically authorizes the Board to approve agreements that the Board considers necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes. Any amendments to the project plan and/or reinvestment zone financing plan must be approved by ordinance of City Council. The Board shall consist of fifteen (15) members. The Board shall be appointed as follows: Pursuant to Section 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may appoint one member of the Board 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. 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. To be eligible for appointment an individual must be 18 years or older of age and be a resident of the county in which the zone is located or own real property in the zone, whether or not the individual resides in the county in which the zone is located. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from Nueces County, and the board may exceed fifteen (15) members if necessary, for the City Council to make said ten (10) appointments. Terms of Board members are two years. Terms must be staggered, with the first term of 8 City Council appointees being for one year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. 12-10-19 Name Term Appt. date End date Appointing Authority Position Status Category Everett Roy 1 11/12/2019 11/1/2021 City Council Chair Active City Tom Schmid 1 11/12/2019 11/1/2021 City Council Active Director of Texas State Aquarium Carolyn Vaughn 1 11/6/2019 11/1/2021 Nueces County Active Nueces County Vacant 1 N/A 11/1/2021 Del Mar College Active Del Mar College 12-10-19 Name District Category *Carrie R Meyer District 1 Community Member Kevin Tou District 4 Community Member REINVESTMENT ZONE NO. 4 Applicants *Currently servers on the Watershore and Beach Advisory Committee. Willing to resign if appointed. One-reading ordinance approving a seawall improvement project for the demolition of K-Pier at the Corpus Christi Municipal Marina in an amount up to $175,000.00; appropriating $175,000 from the Seawall Improvement Fund; transferring funds in the amount of $175,000.00 from the Seawall Improvement Fund to the Capital Improvement Program Fund; amending the operating and capital budgets; and declaring an emergency. WHEREAS, on November 7, 2000, residents of the City of Corpus Christi (“City”) passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown seawall and for maintenance and operating costs of said seawall improvements for the life thereof to be imposed for 25 years; WHEREAS,the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2001, to be administered by the Corpus Christi Business and Job Development Corporation Board (“Board”); WHEREAS, the Board has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for a certain public improvement, namely the demolition of K-Pier at the Corpus Christi Municipal Marina (the “Marina”); WHEREAS, the Project is consistent with the purposes for which the Seawall Improvement Fund was created and approved by the voters of the City; WHEREAS, the Marina is an integral part of the seawall complex that enhances the tourism or economic development value thereof; WHEREAS, K-Pier in its current state of disrepair has become a blight on the Marina and a detriment to the economic development and tourist value of the downtown seawall, necessitating demolition of the structure; WHERAS, demolition of K-Pier will serve to beautify the seawall complex, increase safety, and eliminate an impediment to the commercial use of the Marina, thereby enhancing the value of the seawall as a facility that promotes new or expanded business development; WHEREAS, the Marina was constructed as part of the original seawall project, connects directly to the seawall, and is surrounded by seawall improvements, including the Seawall breakwaters; WHEREAS,the Marina is part of the downtown seawall and was included in seawall improvement project at the time that Proposition 4 was approved by voters; and WHEREAS, the demolition of K-Pier is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City’s voters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. SECTION 2. That funds in the amount of up to $175,000.00 are appropriated from the Seawall Improvement Fund 1120 unreserved fund balance for use on a seawall improvement project for the demolition of K-Pier at the Corpus Christi Municipal Marina (the “Project”). SECTION 3. The FY2019-20 Operating Budget and Capital Budget adopted by Ordinance No. 031870 are amended to increase expenditures by $175,000.00. SECTION 4. That funds in the amount of up to $175,000.00 are transferred from the Seawall Improvement Fund 1120 to the CIP fund 3278 for the Project. SECTION 5. The FY 2019-2020 Operating and Capital Budget adopted by Ordinance No. 031870 is amended to add the Project to the FY 2019-2020 CIP project list. SECTION 6. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 10th day of December, 2019. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor ______ day of , 2019. Corpus Christi, Texas _________ day of ___________________, ______ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully,Respectfully, _________________________ _________________________ __________________________ _________________________Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Council Presentation December 10, 2019 Corpus Christi Municipal Marina K-Pier Demolition 1 2 Location Corpus Christi Municipal Marina Coopers Alley Street L-Head 3 K-Pier 4 Background and Findings Corpus Christi Marina K-Pier: •Located at the north-end of Coopers Alley L-Head behind Corpus Christi Yacht Club •Past the end of life cycle •Hazard and safety concern •Public eye-sore,in view of passing tourists •Critical location to Summer 2020 National Finn Championships The Marina is requesting funding to demolish K-Pier which will reduce risk,improve safety and enhance the area. 5 K-Pier Corpus Christi Municipal Marina solicited bids for the procurement of demolition services and received two bids,one bid was at $118,550 and the other at $123,741. The Marina is requesting additional funding to demolish K-Pier for a total amount up to $175,000. 6 Recommendation Staff recommends approval to demolish K-Pier. CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 12 MONTHS ENDED September 30, 2020 Run: 12/3/2019 at 10:12:25AM ORGANIZATION: 12415 - Street Preventative Maint Prog Fund: 1041 - Streets ExpendedBalanceOriginal Budget Amended Budget Expenditures Encumbrances Annual Commitments &Unencumbered % of Budget Acct #Account Description 510100 Salaries and Wages 91,301.00 85,226.75 0.00 6,074.25 91,301.00 6.65 510200 Overtime 99.96 99.96 0.00 0.00 99.96 0.00 511000 Retirement 29,486.00 27,587.79 0.00 1,898.21 29,486.00 6.44 513000 Group insurance benefits 6,334.00 5,438.05 0.00 895.95 6,334.00 14.15 513001 Other employee benefits 722.00 603.57 0.00 118.43 722.00 16.40 127,942.96 127,942.96 8,986.84 0.00 118,956.12 7.02 Total Personnel Costs 520100 Computer equip & software non-capital 199.92 (11,325.37) 10,937.28 9,798.01 9,409.92 220.36 520110 Minor office equipment 249.96 249.96 0.00 0.00 249.96 0.00 520120 Office Supplies 499.92 499.92 0.00 0.00 499.92 0.00 530000 Professional services 499,990.00 499,989.85 1,077,781.15 2,747.00 1,580,518.00 68.37 530010 Interdepart-services 216,438.40 216,438.40 0.00 0.00 216,438.40 0.00 530140 Postage & express charges 0.00 (34.65) 0.00 34.65 0.00 0.00 530180 Non-Capital Lease Payments 1,028.04 1,028.04 0.00 0.00 1,028.04 0.00 530210 Building maint & service 0.00 (54.12) 0.00 54.12 0.00 0.00 530215 Maint & repairs-contracted 14,948,681.00 15,739,650.55 1,736,305.97 820,685.48 18,296,642.00 13.98 530500 Printing advertising & PR 1,045.97 1,045.97 0.00 0.00 1,045.97 0.00 530520 Printing outside print shops 785.40 785.40 0.00 0.00 785.40 0.00 15,668,918.61 20,106,617.61 833,319.26 2,825,024.40 16,448,273.95 18.19 Total Operating Costs 548120 Self Insurance Alloc 5,318.00 4,430.00 0.00 888.00 5,318.00 16.70 5,318.00 5,318.00 888.00 0.00 4,430.00 16.70 Total Allocations TOTAL 16,571,660.07 2,825,024.40 843,194.10 20,239,878.57 15,802,179.57 18.12 DATE:October 14, 2019 TO:Peter Zanoni, City Manager FROM:Esther Velazquez, Assistant to the Director, Parks and Recreation Department EstherV@cctexas.com 361.816.1292 CAPTION: Ordinance authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center at no charge located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes. SUMMARY: The purpose of this item is to renew the lease for use and operation of the Art Community Center. The current tenant will be doing a capital campaign for a new roof and would like to benefit from the investment they are making. The first reading of this item was on October 29, 2019 and City Charter Article IX Section 3 requires a 28 day delay between the first and second reading of the ordinance when the lease term exceeds 5 years. BACKGROUND AND FINDINGS: On August 23, 1988 City Council approved a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc., a non-profit corporation. In August 24, 1999 City Council approved Amendment No. 1 to the Lease. The original lease included a program of restoration and renovation for the rehabilitative use of the facility as an art center for use by local and visiting artists. Amendment No. 1 authorized renovation of the existing building, construction of an additional building, expanded the premises and also extended the term to October 24, 2019. The proposed new 20-year lease does not have any significant changes and the premises will continue to be used for the Art Center’s administrative headquarters and offices, information center and workrooms for local and visiting artists, meeting rooms for non-profit organizations, gift shop, lunch room, fund raising events, special events, art fairs, jamborees, auctions, workshops, lectures, and art classes. Art Community Center of Corpus Christi, Inc. 20-Year Lease Agreement AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting October 29, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 ALTERNATIVES: City Council may opt for a shorter term lease for the use and operation of the Art Community Center. However, the investment of a new roof from their capital campaign justifies and warrants the long term lease. FISCAL IMPACT: The Art Center does not pay rent for use of the leased premises, they are, however, responsible for maintenance and repair of the leased premises. The City is responsible for providing the following utilities services: water, wastewater, and gas (in-kind $7,982.10), regular garbage collection and disposal ($607.68), grounds maintenance ($6,781.64), and property insurance ($5,754.00). Amounts listed are the annual costs for fiscal year 2019. The agreement provides that the City is also responsible for anything beyond repair and maintenance to the extent of property insurance provided, and including maintaining in good order the exterior painting of the building and the parking lots. The parking lots were recently resurfaced and restriped as a part of the Bayfront Development/Shoreline reroute project. The building however, is due for repainting and this capital improvement project will be proposed during the fiscal year 2021 CIP budget process. Funding Detail:Garbage Collection & Disposal Landscaping Property Insurance Premium Fund:1020 1020 5611 Organization/Activity:12910 12915 40520 Mission Element:141 141 141 Project # (CIP Only): Account:530090 530225 537420 RECOMMENDATION: Staff recommends approval of this item authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. LIST OF SUPPORTING DOCUMENTS: Lease Agreement Ordinance Ordinance authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center at no charge, located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a 20-year lease agreement with Art Community Center of Corpus Christi. Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor LEASE AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Lease Agreement of by and between the City of Corpus Christi, a municipal corporation, (the “City”), and The Art Community Center of Corpus Christi, Inc., (the “Art Center”), W I T N E S S E T H: That the City does by these presents lease and demise unto the Art Center the following described property, with all improvements thereon, (the “Leased Premises”), being situated in the City of Corpus Christi, Nueces County, Texas: An area bounded on the southside by the North curb line of Cooper’s Alley, the west side by the east curb line of Shoreline Drive, the north side by a line approximately 15-feet north of what was formerly the north curb line of John Sartain Street (formerly known as Laguna Street), and on the east side by the west curb line of the old northbound Shoreline Drive right-of-way, for the term of twenty (20) years beginning sixty (60) days after second reading of the City Ordinance authorizing execution hereof, in consideration for which the City and the Art Center covenant and agree to perform the following terms and conditions, to-wit: 1. Operating Requirements. The Art Center shall operate the Leased Premises, in accordance with the following terms, conditions, and procedures: (a) The operation of an art center for use by local and visiting artists. (b) The Art Center shall maintain such structure as an attractive and compatible part of the Shoreline area. 2 (c) Excepting City holidays, periods reasonably necessary to accomplish changing exhibits, and vacations not exceeding 14 calendar days per year, the Art Center shall keep the building open for local and visiting citizens who desire to visit the facility during regularly-established hours which shall be not less than five days and 30 hours per week; provided that the City may excuse the Art Center from this requirement during special events which hinder access to the Leased Premises. The Art Center hereby waives any right it might have to object to street closings during special events. (d) The Art Center shall repair and maintain the Leased Premises, including but not limited to, air conditioning and heating equipment, in good operating condition at all reasonable times. (e) The Art Center shall provide decorating services for the interior of the building. (f) The Art Center shall provide furnishings and equipment. 2. Capital Program by Art Center. During the first five (5) years of this Lease, the Art Center shall develop a capital improvement program for the facilities on the Leased Premises and submit the same to the City for City Council approval. The capital improvement plan shall incorporate the following: (a) The plan shall provide for the maintenance and improvement of the facilities in order to serve the public for the duration of the lease term. (b) The facilities shall incorporate energy and utility conservation features acceptable to City. (c) The Art Center shall engage a replacement architectural firm with knowledge and experience in rehabilitative use restorations, acceptable to City. All expenses and fees paid to such architectural firm shall be paid by the Art Center. 3 (d) Prior to commencing any capital improvements to be funded solely by the Art Center, the supervising architect shall submit the construction plans to the City Manager of the City, or his designee, for approval and such approval shall be prerequisite for the issuance of any building permit required by the City. 3. Consideration Provided by City. The City shall provide and maintain, the following at its expense. (a) The City agrees to provide all usual City utility services (water, wastewater, gas, regular garbage collection and disposal) necessary or proper for the use of such building. All other utilities shall be paid by the Art Center. (b) The City agrees to repair and maintain the exterior painting of the building, and the grounds, including landscaping and parking lots, in good condition and attractive appearance. (c) The City agrees to provide property insurance on the full replacement value of all buildings and improvements on the Leased Premises. The City shall transmit any such insurance payments received to the Art Center upon the Art Center’s submission of renovation or replacement plans acceptable to the City; provided, the amount paid by the City hereunder shall not exceed the actual, reasonable cost of the renovation or replacement. The City shall have no obligation to maintain, repair, renovate nor replace any improvements or infrastructure on the Leased Premises other than to the extent of the insurance provided herein. 4. Use of Premises. The Art Center may utilize the building for the following purposes: (a) Art Center’s administrative headquarters and offices. 4 (b) Workrooms for local and visiting artists who desire to continue or improve their artistic endeavors. (c) Meeting rooms for non-profit organizations desiring to use the building for meetings. (d) An information center for local and visiting artists which will provide information and directions to local and area works of art. (e) Gift shop for the sale of items of artistic and historic merit, and other gift items normally sold in such facilities. (f) Operation of a restaurant. (g) Display areas for the display and sale of the artistic creations of local and visiting artists. (h) Fund raising events normally carried on by non-profit organizations. (i) Areas for art fairs, art jamborees, and art auctions. (j) Workshops, lectures, art classes and facilities for winter tourists to paint. (k) Rental of the facility as a venue for special events. 5. Additional Agreements by Art Center. The Art Center: (a) Shall make no structural alterations or additions to the improvements upon the Leased Premises without the prior written consent of the City Manager or his designee. (b) May make such nonstructural additions, alterations and improvements upon the Leased Premises deemed necessary or desirable by the Art Center. (c) Upon termination of this Lease, the Art Center may, but shall not be obligated to, remove all such nonstructural additions, alterations and improvements but only if they may be removed without damaging the Leased Premises. All additions, 5 alterations or improvements which are not removed from the Leased Premises at the expiration or termination of this Lease become the property of City without necessity of any legal action (d) Shall have the right to authorize individuals, groups of individuals, or organizations to use portions of the Leased Premises for any purposes for which the Art Center is herein authorized to use the premises. All of said use by said individuals or organizations shall be subject to and in accordance with the spirit and terms of this contract and shall be under the direction and supervision of the Art Center. (e) In the ordinary course of providing or authorizing functions, programs and events under and in accordance with this contract, the Art Center may, without the prior consent thereto of the City Manager or City Council, enter into written contracts and agreements of a routine nature. (f) Promptly notify the City Manager or designee of any damage to the Leased Premises. 6. Financial Statements. The Art Center shall annually submit a signed copy of its audited financial statement to the City Manager or his designee within ninety (90) days after the end of the fiscal year covered by such audit. 7. No Assignment. The Art Center shall not assign this Lease without the prior written consent of the City. 8. Non-Discrimination. The Art Center shall not discriminate against the public, its employees, or artists on the basis of race, creed, color, national origin, sex, or handicap in its operations under this Lease. 6 9. Indemnification. The Art Center shall fully indemnify, save and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, premises defects, workers’ compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Agreement or the Art Center’s use, operation or occupancy of the Leased Premises or the Art Center. The Art Center shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all c harges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 10. Compliance. The Art Center agrees that it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to said property, at the Art Center’s sole expense and cost. 11. Non-Waiver. No assent, express or implied, by the City to any breach by the Art Center of any of the covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. 12. Entry by City. The City reserves the right to enter said premises at any reasonable time during the existence of this Lease for the purpose of inspecting the same in order to determine whether the terms of the Lease are being observed and carried out. 13. Insurance. The Art Center shall acquire and maintain the following insurance coverages during the term of the Lease: insurance coverages and amounts identified on the attached Exhibit. 7 In addition, the Art Center shall require any contractor for construction of any buildings or improvements under this Lease to carry insurance coverages throughout the renovation period with terms and amounts as required by the City Manager. The amount and terms of coverages required in this paragraph shall be substantially similar to those required by the City for similar operations. The City may require reasonable increases in the coverages specified herein so that the present real value of coverage is not diminished over the course of this Lease. 14. Termination by City. The City may, at its option, in addition to any other remedy or right hereunder or by law, immediately terminate this Lease without notice except as provided herein, upon occurrence of any of the following conditions: (a) Failure to operate the Leased Premises as an Art Center open to the public for a period exceeding 30 days except during periods necessary for repairs or renovation approved by the City in writing. (b) Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. (c) The Art Center’s assignment of this Lease or subletting of the Leased Premises, or attempted assignment or subletting, except as otherwise authorized herein, without written consent of the City. (d) Dissolution of the Art Center as a non-profit corporation. (e) Failure to have in effect at all times policies of insurance as required in this Lease. (f) Abandonment of the premises. (g) Failure of the Art Center to complete repairs or reconstruction within 12 months after the building is damaged beyond use or destroyed by fire, wind, flood or any 8 other cause. In the event of such catastrophe, the Art Center shall notify City in writing, within thirty days of any such damage, of its plans and schedule for repair or reconstruction, and failure to timely submit such notice shall be sufficient cause for City to terminate this Lease. (h) Failure of the Art Center, within thirty (30) days of written notice from the City, to correct any breach in the performance or observance of any other covenant or condition of this Lease. Upon termination of this Lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, the City may enter forthwith and resume possession either by summary proceedings, or by action at law or in equity or by force or otherw ise, as the City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and shall be deemed to be, cumulative of any other rights of the City under law, and the exercise of one shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its. right to exercise such right or remedy at any other or future time. 15. Landlord-Tenant Relationship. It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Agreement shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of landlord and tenant. 9 16. Amendments. No changes or modifications to the Lease shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. 17. Publication. The Art Center agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. 18. Local Efforts. The Art Center shall invite Corpus Christi based general contractors who are qualified to negotiate or bid for construction of any capital project, and the Art Center further agrees to use its best efforts to involve local contractors and subcontractors in any construction to the extent feasible. 19. Budgetary Appropriations. The Art Center understands and acknowledges that the continuation of any City services and insurance obligations under this Lease beyond the current fiscal year of the City, which fiscal year ends September 30 of each year, shall be subject to sufficient appropriations and budget approval providing for or covering such items as an expenditure in the City’s budget. In the event of any such non-appropriation, The Art Center may elect to assume such financial obligations or elect to terminate this Lease. (Signatures on following page.) F:\7382\0\19 Lease Agreement-1021-11-15.docx 10 IN TESTIMONY WHEREOF, the parties to this Lease have hereunto set their hands in duplicate effective as of the last date of signature below. ATTEST: CITY OF CORPUS CHRISTI By: By: Name: Rebecca Huerta Name: Peter Zanoni Title: City Secretary Title: City Manager APPROVED: Date: , 2019. ____ day of _________________, 2019 Miles Risley, City Attorney Assistant City Attorney THE ART COMMUNITY CENTER OF CORPUS CHRISTI, INC. By: Name: Title: Date: , 2019. Exhibit A – Page 11 EXHIBIT INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 Exhibit A – Page 12 LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE (if applicable) Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor 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 Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Exhibit A – Page 13 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor'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 Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Parks and Recreation Lease Agreement – The Art Community Center of Corpus Christi 10/01/2019 Risk Management – Legal Dept. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 19, 2019 Second Reading Ordinance for the City Council Meeting of December 10, 2019 DATE:November 11, 2019 TO:Peter Zanoni, City Manager FROM:Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 CAPTION: Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. SUMMARY: The purpose of this item is to amend the Tax Increment Reinvestment Zone (TIRZ) #2 Project and Financing Plan to increase the Park Road 22 Bridge project cost by $2,884,815.66, bringing the total TIRZ #2 contribution towards the construction of the Park Road 22 Bridge to $6,884,815.66. BACKGROUND AND FINDINGS: On February 21, 2017, the TIRZ #2 Board met and approved an amendment to the Project & Financing Plan to use funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. In April 2019, the TIRZ #2 Board, the North Padre Island Development Corporation (NPIDC), and City Council approved the appropriation of $4,000,000 of TIRZ #2 funds for the construction of Park Road 22 Bridge. Diamond Beach Holdings, LLC (DBH) and Padre Island Holdings, LLC (PIH) are the current owners of land adjacent to the proposed location of the Park Road 22 Bridge (PR 22 Bridge). DBH and PIH are proposing to build a canal to create a water connection under the Park Road 22 Bridge and provide for connectivity from the existing canal system owned by the Padre Island Property Owners Association to the Packery Channel. A developer agreement for Park Road 22 Bridge was approved by City Council on April 23, 2019. Ordinance approving amendment to TIRZ #2 Project and Financing Plan The agreement lays out the requirements for the proposed bridge and canal project, which requires the City to certify the availability of $11,696,319.50 for the bridge and to award the construction contract for the bridge project after the canal is substantially completed. $11,696,319.50 was the amount of the low bid when this project was previously bid by the City. The construction contract related to that bid was never awarded. The construction contract will be brought back to City Council for approval once the canal is completed. On October 30, 2019 the project was re-bid, and the lowest bid was $13,943,536. The estimated budget shortfall is $2,884,815.66. The TIRZ #2 Project and Financing Plan Amendment dated November 12, 2019 will accomplish the following: Project #16- Park Road 22 Bridge Increase project cost by $2,884,815.66, bringing the total TIRZ #2 contribution for the project to $6,884,815.66 or approximately 50% of the total $14,000,000 construction cost. In tandem with this TIRZ #2 Project Plan Amendment, the following actions must occur: November 12, 2019 TIRZ #2 Board Meeting 1. Resolution amending the TIRZ #2 Project & Financing Plan and recommending City Council approval November 19, 2019 City Council 1. First Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. First Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 City Council 1. Second Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. Second Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 North Padre Island Development Corporation (NPIDC) 1. Motion approving the expenditure of up to $6,884,815.66 for construction of Park Road 22 Bridge. ALTERNATIVES: An alternative would be to terminate the developer agreement or incur additional debt specific for this use. However, this use is consistent with the purpose of the TIRZ #2 and the Project and Financing Plan. FISCAL IMPACT: Of the additional $2,884,815.66, $2,265,848 will come from the uncommitted fund balance in Fund 1111 – Reinvestment Zone No. 2. The remaining $618,967 will temporarily be redirected from the Packery Channel Revetment Repair project, which will be replenished throughout Fiscal Year (FY) 2020 as ad valorem revenues are collected. The Packery Channel Revetment Repair Project is not anticipated to utilize the full $4,600,000 in FY 2020. Financial Detail: Fund:1111- Reinvestment Zone Two (Island) Organization/Activity: Mission Element:717 Project # (CIP Only):None Account:Fund Balance (uncommitted) RECOMMENDATION: City staff recommends approval of this amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance – TIRZ#2 Project and Financing Plan TIRZ #2 Project & Financing Plan (November 12, 2019 Update) Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. WHEREAS,in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as “Reinvestment Zone Number Two, City of Corpus Christi, Texas,” over a portion of the City on Padre Island; WHEREAS,Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the “Plan”); WHEREAS, the Plan was last amended on July 23, 2019; WHEREAS, on November 12, 2019, the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (“the Plan”) for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on November 12, 2019, regarding the use of up to $6,884,815.66 in Zone funds for the Park Road 22 Bridge Project. A copy of the Plan is attached hereto and incorporated. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Packery Channel Project Plan Amendment Page 1 of 8 TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July 22, 2014, February 28, 2017, August 22, 2017, December 19, 2017, January 22, 2019, April 16, 2019, June 10, 2019, November 12, 2019) The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on 06/10/19) is amended to update and revise the Plan this 12th Day of November 2019 by adding the bold and underlined text and removing the struck-through text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri-Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. Packery Channel Project Plan Amendment Page 2 of 8 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. A project consisting of the construction of two bridges on Park Road 22 is added in the February 28, 2017 amendment. A project consisting of the traffic improvements on Windward Drive at Saint Augustine Drive is added in the August 21, 2018 amendment. Additionally, as part of this amendment a project is added for a market and feasibility study for the renewal of TIRZ #2 beyond 2022. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. This exhibit has been updated to include the location of the Mobi-Mats and traffic improvements on Windward at Saint Augustine Drive. All of the specific projects are situated on public land and involve recreational use and activities. Due to damage caused by Hurricane Harvey, a Packery Channel revetment repair project is needed. Packery Channel Project Plan Amendment Page 3 of 8 Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island St orm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Plan Amendment Page 4 of 8 Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ #2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 3 – 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. Exhibit H has been amended to reflect all TIRZ #2 Project Updates and includes estimates and details regarding the Packery Channel revetment reimbursement project and the traffic improvements on Windward at Saint Augustine Drive. Additionally, an estimated $50,000 will be budgeted for the market and feasibility study for the renewal of the TIRZ #2 beyond 2022. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. Project #11 (Packery Channel Pavilion in Exhibit H is being increased by $23,000 for a total budget of $273,000. Project #14 (Periodic Survey of Channel Conditions and Shoreline) is being corrected to reflect $286,000. A new project is being proposed- Project #18 (Contingency Fund) to provide a contingency fund of $100,000 in support of all projects. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, Packery Channel Project Plan Amendment Page 5 of 8 including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. One improvement to the TIRZ #2 is the construction of two bridges on Park Road 22 between Commodores and Whitecap. The bridges will require up to $4,000,000 $6,884,815.66 of TIRZ #2 funding and will allow for travel over canals that are to be built by a third party developers in the area. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research | Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors’ identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue1 Packery Channel Project Plan Amendment Page 6 of 8 Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road Total 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Packery Channel Project Plan Amendment Page 7 of 8 Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has four tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 8 of 8 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Packery Channel Project Plan Amendment LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev’d 10/22/2013; last updated August 21, 2018) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi Exhibit I Fiscal Year 2020 Reinvestment Zone #2 Budget ORDINANCENOANORDINANCEAPPROVINGAFINALPROJECTANDFINANCINGPLANFORTHEREINVESTMENTZONENUMBERTWOCITYOFCORPUSCHRISTITEXASAPPROVINGTHESALEOFBONDSBYNORTHPADREISLANDDEVELOPMENTCORPORATIONINFURTHERANCEOFTHEFINALPROJECTANDFINANCINGPLANANDOTHERMATTERSRELATINGTHERETOWHEREASonNovember142000theCityCounciloftheCityadoptedOrdinanceNo024270theCreationOrdinanceapprovingthecreationofataxincrementreinvestmentzoneintheCityknownasReinveslmentZoneNumberTwoCityofCorpusChristiTexasTIRZTwoandWHEREASinconnectionwiththeadoptionoftheCreationOrdinanceandtheestablishmentofTIRZTwotheCitypreparedapreliminaryreinvestmentzonefinancingplanandpresentedthepreliminaryreinvestmentzonefinancingplantothegovemingbodyofeachtaxingunitthatleviestaxesonrealpropertyintheproposedreinvesmentzoneandWHEREASincompliancewiththeprovisionsofChapter311TexasTaxCodetheActaprojectplanandreinvestmentzonefinancingplanhasbeenpreparedandapprovedbytheBoardofDirectorsofTIPZTwowhichprojectplanandreinvestmentzonefinancingplansoapprovedisattachedtothisOrdinanceasExhibitAthePlanandWHEREASincompliancewiththeActtheCityCouncilfindsitnecessaryanddesirabletoapprovethePlansubmittedwiththisOrdinanceandWHEREASbyResolutionNo025040adoptedonOctober82002theCityauthorizedthecreationoftheNorthPadreIslandDevelopmentCorporationtheCorporationtoaidassistandactonbehalfoftheCityintheperformanceoftheCitysgovernmentalandproprietaryfunctionswithrespecttothecommongoodandgeneralwelfareoftheCityasdescribedintheCreationOrdinanceand Exhibit A WHEREASonFebruary252003theCorpomtionadoptedaresolutionauthorizingtheissuanceanddeliveryofupto3000000inTaxIncrementContractRevenueBondsSeries2003theBondsforthepurposeoffundingaportionoftheprojectcostsasaresetforthinthePlanandWHEREAStheCorporationandtheBoardofDirectorsofTIRZTwohaveapprovedtheexecutionanddelivewofthatcertainAgreementbyandamongtheCityTIRZTwoandtheCorporationdatedasofFebruaryI2003theThPartyAgreementpursuanttowhichtheCorporationwasdelegatedcertainpowerandauthorityinconnectionwiththcimplementationofthePlanonbehalfofIIRZTwoincludingbutnotlimitedtothepowertoissuesellordeliveritsbondsnotesorotherobligationsinaccordancewiththetermsoftheTriPartyAgreementandWHEREAStheCityCouncilfindsitnecessaryandadvisabletoadoptthisOrdinancetoapprovethePlanasrequiredbytheActtoapprovetheTriPatyAgreementandtheapprovetheresolutionoftheCorporationthatauthorizedtheissuanceanddeliveryoftheBondsNOWTHEREFOREBEITORDAINEDBYTHECITYCOUNCILOFTHECITYOFCORPUSCHRISTITEXASSECTION1ThatthefactsandrecitahonscontainedinthepreambleofthisOrdinanceareherebyfoundanddeclaredtobehueandcorrectSECTION2ThattheCityCouncilherebyapprovestheprojectplanandthereinvestmentzonefinancingplanattachedtothisOrdinanceasExhibitAasrequiredbySection311011oftheActSECTION3ThattheCityCouncildoesherebyfindanddeclarethattheprojectandfirmncingplansubmittedtotheCityCouncilfurapprovalandherebyapprovedbytheadoptionofthisOrdinanceisfeasibleforthedevelopmentofTIRZTwoandconformtothemasplanoftheCity2 SETION4ThattheCityherebyapprovestheResolutionadoptedbytheCorporationinsubstantiallytheformandsubstanceasattachedheretoasExhibitBandalldocumentsattachedtotheResolutionincludingwithoutlimitationtheTriPartyAgreementTheMayorandtheCitySecretaryareherebyauthorizedtoexecuteattestsealanddelivertheTriParlyAgreementonbehalfoftheCityTheissuanceofBondsinanamountnottoexceed3000000forthepurposesdescribedintheResolutionisherebyapprovedSECTION5ThatifanysectionparagraphclauseorprovisionofthisOrdinanceshallforanyreasonbeheldtobeinvalidorunenforceabletheinvalidityorunenforceabilityofsuchsectionparagraphclauseorprovisionshallnotaffectanyoftheremainingprovisionsofthisOrdinanceSECTION6ThisOrdinanceshallbeeffectiveimmediatelyfromandafteritspassageinaccordancewiththeprovisionsofSection1201028TexasGovernmentCodeSIGNEDANDSEALEDTHIS25THDAYOFFEBRUARY2003CityofCorpusChristiTexasCitySecretaryAPPROVEDASTOFORM3SEAL THESTATEOFTEXASCOUNTYOFNUECESCITYOFCORPUSCHRISTIItheundersignedCitySecretaryoftheCityofCorpusChristiTexasdoherebyceffifythattheaboveandforegoingisatreefullandcorrectcopyofanOrdinancepassedbytheCityCounciloftheCityofCorpusChristiTexasandoftheminutespertainingtheretoonthe25thdayofFebruary2003approvingtheprojectandfinancingplanforReinvestmentZoneNumberTwoCityofCorpusChristiTexasandothermattersrelatedtheretowhichordinanceisdulyofrecordintheminutesofsaidCityCouncilandsaidmeetingwasopentothepublicandpublicnoticeofthetimeplaceandpurposeofsaidmeetingwasgivenallasrequiredbyTexasGovernmentCodeChapter551EXECUTEDUNDERMYHANDANDSEALofsaidCitythisthe25thdayoFebrua2003CitySecretaryCityofCorpusChristiTexasSEAL4 CorpusChristiTexasTOTHEMEMBERSOFTHECITYCOUNCILCorpusChristiTexasForthereasonssetforthintheemergencyclauseoftheforegoingordinanceanemergencyexistsrequiringsuspensionoftheCharterruleastoconsiderationandvotinguponordinancesattworegularmeetingsIwethereforerequestthatyoususpendsaidCharterruleandpassthisordinancefinallyonthedateitisintroducedoratthepresentmeetingoftheCityCouncilRespectfullyRespectfullySamuelLlqleaJrMayorCityofCorpusChristiCouncilMembersTheaboveordinancewaspassedbythefollowingvoteSamuelLNealJrBrentChesneyJavierDColmeneroHenryGarrettBillKellyRexAKinnisonJohnLongoriaJesseNoyolaMarkScott ReinvestmentZoneNumberTwoCityofCorpusChristiTexasProjectPlanandReinvestmentZoneFinancingPlanFebruary252003 ReinvestmentZoneNumberTwoCityofCorpusChristiTexasFebruary252003ProjectPlanandReinvestmentZoneFinancingPlanIntroductiontoTheProjectandFinancePlanGeneralBackgroundAsrequiredunderthcTaxIncrementFinancingActChapter311TexasTaxCodetheTWActtheBoardofDirectorstheZoneBoardofReinvestmentZoneNumberTwoCityofCorpusChristiTexastheZonehaspreparedthisProjectPlanandReinvestmentZoneFinencmgPlanthePlanTheCityCounciloftheCityofCorpusChristTexastheCityandtheZoneBoardmustbothadoptthisPlanThcPlanincludesinformationconcerningproposedlandusesanddevelopmentestimatedprojectandnonprojectcostsandadminisWativcxpensesengineeringstudiesproposedfinancingandeconomicfeasibilitydataandpropertyappraisaldataThePlanincludesfinancingOfthcZonesportiofioftheNorthPadreIslandStormDamageReductionandEnvironmentalRestorationProjecttheProjectThisPlansetsoutthedetailsofthctaxandeconomicbenefitsderivedfxomdevelopmentoftheProjectSitethescopeofthcProjectandthefinancingstrategforfundingofProjectcoststhroughthcissuanceofbondsCompletecopiesofthcPlanincludingarortattachedtothisPlanasExhibitAentitledForecastofPotentialTIFRevenueFlowsonNorthPadreIslandpreparedbyEconomicsReseahAssociatesERAwhichconstitutestheeconomicfeasibilitystudyrequiredbytheTIFActareavailablefixmtheCityofCorpusChristiTexas1201LeopardStreetCorpusChristiTexas78401AttentionCitySecretaryNorthPadreIslandStormDumageReductionandEnvironmentnlRestorationProjectTheProjectisaprojectoftheUSArmyCorpsofEngineerstheCorpstodredgeandchannelizoareopenedwaterwayPackeyChannelbetweentheLagunaMadreIntracoastalWaterwayandtheGulfofMexicoInadditiontothePackeryChanneltheProjectincludesconstructionbytheCorpsoftwo1400footjettiesparallelingthePacketyChannelOfthetotal30000000projectedcostoftheProjecttheCityasProjectsponsorhasagreedtopay105millionTheremainingProjectcostsaretobepaidbytheUnitedStatesGovernmentTheCityhascreatedtheZoneforthepurposeofraisingfundsneededtoprovidetheZoneProjectcoststhroughtheissuanceofbondsbyriteNorthPadreIslandDevelopmentCorlxrafientheIssueanetforprofitlocalgovernmentcorporafionItwasestablishedbythcCityundertheprovisionsofChapter431TexasTransportationCodeandthogenerallawsoftheStateofTexastoaidassistandactonbehalfofthoCityintheperformanceofthcCitysgovcamentalfunctionsandtoprovideameansoffinancingccFtainProjectcostsinconnectionwiththeZoneTheCorpswasdirectedbytheCongressoftheUnitedStatesCongresstocarryoutaprojectforecosystemrestorationandstormdanmgereductionatNorthPadreIslandTheProjectwillextendtheexisfinapproximntdy26milesportionofthcPackvyChannelanadditional09mileTheProjectisdescribedintheEnvironmentalImpnctStatementELSasnrcthebenefitsandimpnctstobeexpectedfromtheProjectErosionofthebeachinfrontoftheseawalljustsouthoftheboundarybetweenMustangandNorthPadreIslandsiscausingalossofrecreationalbeachDredgingPackeayChannelwouldprovidesandfornourishmentofthebeachandaneniargedbeachwouldreduecpotentialfuturestormdanmgeAProjectStudyPlanpreparedbytheCorpsin1999examinedthreealtenuitivesitesincludingPackelyChannelThreediffertchannelwidthsunderthreediffelentsalinityregimeswerealsoxllminodtodetorthoenvironmentalbenSitsofanopiningbetweentheLagunaMadreandtheGulfofMexicoTheenvironmental benefitsofallalternativeswereessentiallynegligibleThefinalElSwillbeavailableuponpublicationbytheCorpsfromtheCityofCorpusChiistiTexas1201LeopardStreetCorpusChristiTexgas78401AttentioncitySeeraryTheProjectisaprojectforecosystemrestorationandstormdamagereductionconsistingofajettiedentrancechannelmainchanneldredgedtoarequireddepthof14feetandabottomwidthof116feetuptotheTexasHighway361bridgescourprotectionfortheexistingbridgeconcretebulkheadsonbethsidesofthemainchannelcreatingthreeplacementareastocreateshallowwaterhabitatcontinuingwithasmallerchannelalongtheexistingalionmentofPacketyChannelfromthehighwaybridgetotheGulfInUacoaqalWaterwsydredgedtoarequireddepthof7feetandbottomwidthof80feetinstallationofa30tachHDDPEpipeforasandbypasssystembeachnourishmentonthebeachsouthofthechannelandmiscellaneousutilityremovalsandrelocationsTheProjectconsistsofdredginga134footwidechanneltoconnecttheexistingPackeryChanneltotheGulfofMexicotoa12footdeepauthorizeddepthrequiringaninitialdredgedepthto14footanddroingthexistingchanneltoadepthof7feetmeansealevelandawidthof80feetThetotallengthoftheproposedchannelfromtheGulfendofthejettiestotheGulfIntracoastalWaterwayisapproximately18500feet35milesApproximately801200cubicyardscyofmatexialwillbedredgedduringconstructionmostofwhich646000cywillbeplacedonthebeachsouthoftheproposedjettiesplacementareaPA4SforstormdamagereductionmfrontoftheexistingconcreteseawallSandymaintenancematerialfromthechanneleastoftheSH361bridgewillbeusedforbeachnourishmentandasandbypasssystemwillbedesignedtomoveaccumulatedsandfromlongshoredrifttothedowndriftsideofthejettiesApproximately15000cyofestimatedmaintenancedredgingeveryfiveyearswillbeplacedinanuplandsiteTheProjectistobeconstructedbytheCorpsunderaproposedProjectCooperationAgreementbetweenTheDepartmentoftheArmyandtheCitytheProjectContractTheProjectContracthasnotbeenapprovedbyeithertheCorpsortheCitybuttheCityexpectsexecutionoftheProjectContractbybothpartiesbySpring2003ThePlancallsfortheremainderoftheapproximately195millionneededtocompletetheProjecttobefundedbytheUnitedStatesGovernmentundertheProjectContractAsofFebrumy252003Congresshasappropriated40millionforProjectconstructionbutisundernoobligationtoappropriatetheremainderofitsshareofProjectcostsOncetheinitialProjectiscompletedtheCitywillincurcostsofmaintenancedredgingofPackeryChannelasdescribedaboveItisanticipatedthatuponcompletionoftheinitialProjectthcestimatedmaimenaneedredinogwillcommencein2008andtheestimatedcostofsuchmamtenaneedredginginthatyearwillapproximate350000ThccostsofthemaintenancedredgingareintendedtobepaidbytheZoneeitherfromtaxmutcollectionsproceedsfrombondsacombinationofthosetwosourcesorothermoneysmadeavailabletothcCityortheZoneforsuchpurposeSecondarydevelopmentwithintheZonethatincludespublicmiprovemantsisbeingproposedbytheCityaslocalsponsorSeeondarydevelopmentincludesproposedparkamenitiesthatoncompassapproximately142acresprovidingaccesstoPackmyChannelthobeahaliathejettiespassengerandrecreationalvehicleparkingwalkwaysstroomsandvendorfacilitiesThelocationoftwopotentialCityparkareasisproposedalongtheareanearesttheGulfofMexicoreachofPackeryChannelTheProjectthemaintenancedredgingofthePackeryChannelandthepublicimprovementsassociatedwiththeproposedsecondarydevelopmentarefoundtobeProjectCostsassuchtermisdefinedintheTIFActTheProjectContractTheProjectistobeconstructedbythcCorpsundotheProjectContractTheProjectContracthasnotbeenapprovedbyeithertheCorpsortheCitybutthcCitycxpeetsexecutionofthoContractbybothpartiesbySpring2003UndertheProjectContracttheCorpssubjecttoreceivingfundsappropriatedbyCongressandusingthe2 fundsexpectedtoboprovidedbythcCitythroughtheIssuerwouldagreetoexpeditiouslyconstrutheProjectTheProjectContractreconizesthatCongressionalappropriationstodatearelessthantheamountoffederaifundsrequiredforcompletionoftheProjectndthatmtheeventinsufficientfundsareappropriatedforthcfederalgovernmentsshareofProjectcoststhenProjectconstructionwillbesuspendedortheProjectContractterminatedThefederalgovernmentexpresslymakesnocommitmenttoseekadditionalfederalfundsfortheProjectTheCitywouldagreetocontribute35ofthetotalProjectcostsatleastfivepercentofwhichmustbcconlributlincashwiththeremainderbeingthcappraisedvaiucofcashorlandscasementsrightsofwayandsuitableburrowanddredgedorexcavatedmaterialdispnsalareasTheCitymustdeposititsshareofprojectedfinancialobligationsforconstructionthroughthcfirstfiscalyearofconstnionwithin45daysofnotifromttCorpsForeachsubsequentyearthcdslnsitmustbemadenolaterthan60dayspriortothebeginningofthcfiscalyearTheProjectContractobligatestheCitytooperatemaintainrepairreplaceandrehabilitatetheentireProjectatnocosttothefodelalgoviiRlentThoCityisseekingtrallsfgrofaportionofthemalntenalleecosttothBCorpsbutatthistimenoprovisionhasbeenmadforpaymentofongoingmaintenancecostsFundingofamaintenanceservefromproclsofanadditionalseriesofTaxIncrementContractRevenueBondsiscontemplatedbythisPlanbutthereisnoassurancethatamaintenancereservewillbetimdnoristhereanyguaranteethatiffundadthemaintenancereservewouldbeadequatetopaycostsofongoingmaintenanceReinvestmentZoneNumberTwoCityofCorpusChristiTexasThcZonewasceatedbytheCitypursuanttothcTIFActtofacilitatedcvclopmantoftbelandwithintheboandariesofthcZonea194701acreparcellocatedentirelywithintheCityandthcCountyTheZonebacamecffeetiveonNovember142000andwilltaminateunDecember312022oratanearliertimedesignatedbysubsequentordinanceoftheCityoratsuchearliertimethataHZoneProjectCoststaxincrementbondsandthetonalltaxincrnentbondshavebeenpaidinfullthedurationofthcZoneThcZoneislocatedonPadreIslandandintersectedbyStateHighway361andParkRoad22leadingfromthJohnFKennedyCauseavayAmapshowingtheexistingusesandconditionsofrealproptyintheZoneisattachadtothisPlanasExhibitBAmapshowingthcproposedimprovementstoandproposedusesoftherealpropertyintheZoneisatChedtothisPlanasExhibitCPursuanttotheT1FActtheordinanceoftheCityestablishingtheZonealsoestablishedaBoardfortheZoneTheZoneBoardconsistsof12personswithonememberfromeachParticipantotherthantheCityandtheremaindebutnotlessthan10appointedbytheCityNamePositionSamnelLNealPresidentVicePresidentJaviarDCohncucroMemberBnmtChesneyMemberRgxKinnivonMemberJohnLongoriaMemberJesseNoyolaMemberMarkScottMemberGabrielRivasMemberCaiJenninMllbelRielmrdPittmanMemberJohnLaRueMemberAooointedBvCityofCorpusChristiNuecesCountyCityofCorpusChstiCityofCorpusClisCityofCorpuChristiCityofCorpusChristiCityofCorpusChristiCityofCorpusChristiI1MarCollegeNueeesCountyHospitalDistrictFlourBluffIndqalentSchoolDistrictPortofCorpusChristiAuthority3 ExistingLandUseExistinglanduseswithintheZoneconsistoffightcommercialdevelopmentmixedresidentialdevelopmentvacantunimprovedlandandnondevelopablelandincludingwaterwaysroadwaysandparksTheCityhasestimatedthefollowingcurrentusagewilhinthcUseAcresVacant8571718WaterArea4478253Park3845719RightofWay1582465Commercial336232MediumDensityResidential344813PublicSemiPublic90187HighDensityResidential77001ProfessionalOffice60570LightIndustrial65105LowDensityResidential18075TotalL9470138InfrastructureRequirementsforDevelopmentItistheCityspolicythatinfrastructurerequiredfornewdevelopnmtwithinthoZonewillbetheresponsibilityofeachlandownerordevelopersimilnrtoanyotherdevelopmentthatoccursintheCityThewastewatartreatmentplantandminkmaincollectionsystemisinplaceandisofsufficientcapacitytoaccommodatenewdevelopmentandsufficientfxeshwatersupplyisavailabletoserveanticipateddevelopmentwithintheZoneTherearegenerallyroadsandstreetsthroughouttheZonethoughindividualtractsmayrequireadditionalstreetconstructionsewercollectionlinesorwatersupplylinesfordevelopmentTheCitypaysforoversizeandradepthcostsassociatedwithwaterandwastewatarextensionsthataredesignedtoservicepropertyoutsideorbcyundtheownarsdevelopmentThcCityparticipatesinstreetdevelopmenttopaytheaddilienalmforextrawidthassociatedwitharterialstreetsorcollectorsthataredesignedtobeexudedbeyondthedeveloperspropertyTheCityalsopaysforthccostsofbridgesandculvertstoextendstreetsbcyondthedeveloperspropertyUndevelopedLandWithintheZoneApproximately857acreswithintheZoneareunimprovedorunderdevelopedlandTheCityanticipatesthatsuchunimprovedlandwillbedevelopedforresidentialandlightcommercialusecomistentwithinexistingusesandadditionaldevelopmentmustoccurbeforetheIssucanprovideforthepaymentofadditionalTaxIncrementContractRevenueBondsharinaflardefinedrequiredforcompletionoftheProjectwithoutadverselyaffectingtheIssuersabilitytopaydebtserviceontheSeries2003BondshereinafterdefinedNorepresentationismadeinthisPlanwithrespecttotheultimatedevelopmentofsuchpropertyProjectCostsAdetailedlistingoftheproposedpublicworksandpublicimprovementstobeundertakenintheZoneshownbykindnumberandlocationandtheProjectcostsoftheZoneincludingwithoutlimitationthecostsoftheinitialdredngofPackeyChannelthemaintenancedredgiilgcostssecondazyProjectcostsadminihveXSofthZoneandothernonprojectcostssuchaswatersupplyimprovementsandroadsthatarenotintendedtobefundedthroughtheoperationoftheZonearesetforthinExhibitDTheestimaUxiamountofbonded4 indebtectzsstobeincumdtopayinitialProjectcostsandthetimingofwhenrelatedcostsandmonetaryobligationsforimlenlntingthisPlanaretobeincurredsetforthinExhibitDTheCitycurrentlyestimesthatthetotalnmountofIssuerdebtnssarytobeissuforcompletionofinitialProjectcostswillnotexceedSI2000000SecondarydevelopmentimprovcmentsarctobcfinancedasfundingbecomesavailablefromsurplustaxincrementsorbondsTheCitycunoenflyestimatesthetotalamountofIssuerdebtthatmaybeissuedforsecondmydevclopmentswillnotexceed3000000ThePlanofFinanceTheCityhascreatedtheZoneforthepurposeofraisingfundsneededtoprovidetheCitysshareoftheProjectcostsandthcSeries2003BondshereinafterdefinedarethcfirstinstallmentofIssuerbondstobeissuedforthatpurposeTheCitytheCountyDelMarCollegeajuniorcollegedistrictandpoliticalsubdivisionoftheStateofTexastheCollegeandNuecesCountyHospitalDistrictahospitaldistrictandpoliticalsubdivisionoftheStateofTexastheHospitalDistricteachhaveagreedtodeposittotheTaxIncrementFundestablishedfortheZonetheTaxImacantFundcertaintaxcollectionsarisingfromtheirrespectivetaxationoftheincreaseifmayintheappraisedvalueofrealpropertylocatedintheZonesinceNovember142000bereinatdefinedastheDedicatedTaxIncrementsthroughtheearlierofDecember312022orthedateonwhichanyoutstandingobligationspayablefromtheDedicatedTaxIncrementsarefinallypaidTheCityhasenteredintoseparateinterlocalagreementstheInterlocalAgreementswiththeCountytheCollegeandtheHospitalDistxictwhichsetsforthamongotherthingstheagreementoftheCityandCountyCollegeorHospitalDistrictasapplicabletopaytotheIssuertheDedicatedTaxIncrementstheContractTaxIncrementsThebondstobeissuedtofundProjectcostsaretobepayablesolelyfromtheContractTaxIncrementsandcexlainotherfundsondepositwithJPMorganChaseBankHoustonTexastheTrusteeorwhichmaybedepositedwiththeTrusteeinthefuturetogetherwithearningsandinvestmentsthereonthePledgedRevenuesTheCitytheCountytheCollegeandtheHospitalDisicteachreferredtoindividuallyhereinasaPaicipanfandcollectivelyrefeaxedtoastheParticipantshaveagreedtodeposittotheTaxInerememFundtheDedicatedPursuanttotheTIFActataxingunitstaxincrementforayearaTaxIncmentistheamountofpropetytaxesleviedbytheunitforthatyearonthecapturedappraisedvalueofrealpropertytaxablebytheunitandlocalinareinvestmentzoneTaxInerernentsdonotresultfromanyincreaseintheappraisedvalueofpersonalpropertysuchasequipmentorinventorytaxablebytheunitandlocatedinareinvestmentzoneTheTIFActdefinescapturedappraisedvalueCapturedAppraisedValneasthetotalappraisedvalueofallrealpropertytaxablebytheunitandlocatedinareinvestmentzonelessthetaxincrementbaseoftheunitThetaxincrementbaseofataxingunittheTaxIncrementBaseisthetotalappraisedvalueofallrealpropertytaxablebytheunitandlocatedinareinvesmaentzoneforthcyearinwhichthezonewasdesignatedInthecaseoftheZonetheTaxIncrementBaseisthetotalappraisedvalueofallrealpropertyintheZonetaxablebytherelevantanicipaatsasofJanuaryl2000TaxIncrementsresultonlyfromCapturedAppraisedValueintheZonewhichconsistsof19470138acsapproximately5428184ofwhichispubliclyownedandnot0ubleExhibitAshowsatheTaxIncrementBaseoftheZonebthecurrentasofthedateofthisPlantotalappraisedvalueoftaxablerealpropertyintheZoneandctheestimatedcapturedappraisedvalueoftheZoneduringeachyearofitsscheduledexistencePursuanttoseparateInterlocalAgreementsbetweentheCityandenehoftheCountytheCollegeandtheHospitalDistrictrespectivelytheInterlnealAgreementsthePaxiieipontshaveagreedtodepositallorapordunoftheirTaxIneremetotheTaxInerementFundTheCitytheCountyandtheHospitalDistricthaveagreedtodeposittotheTaxIncrementFund100oftheirtaxcollectionsonCapturedAppraisedValueinthe5 ZoneforcachtaxyearthattbeZoueremainsinaxistenceceflmaencmgintaxyear2000TheCollegehasagreedtodeposittotheTaxIncrementFund100oftheitsTaxIncrementsforthefirstfiveyears20002004oftheInterluealAgreement80forthesixthyear200560oofortheseventhyear200640fortheeighthyear200720fortheninthyear2008andnonethereafrTheamountstheParticipantshaveagreedtodeposittotheTaxIuenentFundarereferredtohereinastheDedicatedTaxIncrementsTheobligationsoftheParticipantstopayDedicatedTaxIncrementsintotheTaxInerementFundaresubjecttotherightsofanyoftheholdersofbondsnotesorotherobligationsthathavebeenorarebereafrissuedbyaParticipantthatarepayablefromandsecuredbyagenerallevyofadvaloremtaxesthroughoutthetaxingjurisdictionofthatParticipantNorthPadreIslandDevelopmentCorporationTheIssuerTheIssuerisanotforprofitlocalgovemaentcorporationandwasestablishedbytheCityundertheprovisionsofChapter431TexasTransportationCodeandthegenerallawsoftheStateofTexastoaidassistandactonbehalfoftheCityintheperformanceoftheCitysgovernmentalfunctionsandtoprovideameansoffinancingcertainProjectcostsinconnectionwiththeZoneItisgovernedbyaBoardofDirectorswhosemembersareappointedbytheCityCouncilOnDecember172002theCityCounciloftheCityappointedallofthemembersoftheCityCounciltoserveasmembersoftheCorporationTheBondsItisanticipatedthatthreeseriesofbondswillbeissuedbytheIssuertofinancetheinitialcostsoftheProjectThefirstseriesofbondsisanticipatedtobeissuedinthespringof2003theSeries2003BondsincooneetionwiththeimplenentafionofthisPlanShouldbondsbeissuedtofundthecostsofmaintenancedredgingitisanticipatedthatfundsforsuchusewouldbeincludedinthcthirdseriesofbondstobeissuedTheSeries2003BondsarethefirstissueofbondstheTaxIncrementContractRevenueBondstobeissuedbytheIssuerTheTaxIncatContractRevenneBondsincludingtheSeries2003BondsaresecuredbytheIssuerspledgeofpaymentstobereceivedpursuanttoaTriPartyAgreementamongtheCitytheZoneandtheIssuetheTriPartyAgreementUnderthatagrcementtheContractTaxInerememswillbepaidintothaTaxInerementFundattheCitysdepositoryTheBondswillfundaportionoftheCitysshareoftheProjectCostsCompletionoftheProjectwillrequireadditionalfundingwhichcurrentlyisanticipatedtobeprovidedthroughtheissuanceofadditionalbondsbytheIssuersecuredfromDedicatedTaxInerementsonparitywiththeBondsSecondadevelopmentiovementsmayalsobefinencedfromadditionalbondsFortheIssuertobeabletorepoysuchadditionalbondssubstantialgrowthmthetaxablevalueswithintheZonemustoccurandthereisnoguaranteethatsuchgrowthwillhavebeenaccomplishedpriortothetimingoffundingtheranainingphasesofthedevelopmentandcompletionoftheProjectGrowthintaxablevalueswithintheZoneisdependentonfuturedevelopmentofadditionaltaxableimprovementsVChiletheCityexpecthatsuchadditionalimprovelnentswillbeconstructedifthePackaryChanneliscompletedthereareapproximately1838tractsoflandwithintheZoneownedbyapproximately1054differentownersandneithertheIssuernortheCityhasanyagreemtwithylandownerforeonstracfienofimprovementswithintheZoneorknowledgethatanylendownerstocenstmetadditionalimprovenngWithoutfuturedevelopmentwithintheZonetherecanbenoguaranteeofadditionalDedicatedTaxIncremantssufficienttopaydebtserviceonbondsissuedtofinancetheProjectAprojectionoftheProjectcoststobefundedwithbondproceedsandthesizingofthebondissuestofundthoseProjectcostsissetforthinExhibitDTheTriPartyAgreement TheCitytheZoneandtheIssuerwillenterintothcTriPartyAgrementPursuanttotbeTriPartyAgreementtheIssuerwillpmvidcminmanagementandadminislrativesvicesfortheZoneTheIssuerisauthorizedtoissuebondsorenterintootherobligationstoberepaidfromContractTaxIncrementsbutonlywiththeapprovaloftheCityCouncilTheIssueragreestousallContractTaxIncrementsinammmerconsistentwiththePlanTheTriPartyAgreementprovidesfordutiesandresponsibilitiesofthcCitywithrespecttoDedicatedTaxInenmtsandprovidesfordutiesendresponsibilitiesofthcZonewithrespecttoDedicatedTaxIncrementsThcDedicatedTaxIncrvmcntsarctobedepositedwhenreceivedintotheTaxIncrementFundTheCityandthcZonewillcovenantandagreethattheywillcontinuouslycollecttheDedicatedTaxIncrementsfromthePmlicipantsinthemannerandtothemaximumextentpermittedbyapplicablelawTothcextenttheCityandZonemaylegallydosotheyalsowillcovenantandagreethattheywillnotpermitareductionintheDedicatedTaxIncrementspaidbytheParticipantsThcCitywillcovenantandagreetoannuallylwyassessandcollectitsadvaloremtaxesintheZoneTheCityandtheZonewillagreetopaytotbeIssuertheContractTaxIncrementsinconsiderationfortheIssuerfundingcertainoftheProjectcostswiththeproecedsoftheTaxIncrementTheobligationsoftheCityandtheZonetopayContractTaxIncrementsshallbesubjecttotheTriPartyAgreementandtherightsofanyoftheholdersofbondsnotesorotherobligationsthathavebeenorarehcreaflrissuedbytheCitytheCountytheCollegeortheHospitalDistrictthatarepayablefromandsJredbyagenerallevyofadvaloremtaxesthroughoutthetaxingjurisdictionoftheCityCountyCollegeorHospitalDistrictItisanticipatedthatthemtcrestsoftheIssuerintheTriPartyAgreementwillbeassignedtotheTrusteefortheTaxIncrementContractRevenueBondsunderthetmsoftheIndenturepursuanttowhichsuchTaxIncrementContractRevenueBondsaretobeissuedTheTHPartyAgreenaentmaybeamendedwiththemutualconsentofthepartieshoweveranyamendmentmustbeaccompaniedbyanopinionofcounseltotheIssuertotheeffectthatsuchamendmentwillnotmateriallyimpairtherightsoftheownersofthcIssuersbondsorocroutstaxlingobligations7 RemvestmentZoneNumberTwoCityofCorpusChristiTexasEXHIBITARevenueFlowsonNorthPadrblandFiReportDatedAugust2002ERAProjectNumber14663 FinalReportForecastofPotentialTIFRevenueFlowsonNorthPadreIslandSubmittedtoTheCityofCorpusChristiAugust2002ERAProjectNumber14663 TABLEOFCONTENTSGeneralLimitingConditionsivIntroduction1Approach2ParticipatingJurisdictions3Methodology3TIFREVENUEANALYSIS5Summary5RealEstateMarketDiscussion5TIFWaterfrontProperties20026GrowthRates10PadreIsland10TIFRevenueConclusions11 ListofTablesandExhibitsTable1TaxableValueofLandImprovement2TIFDistrict20002Table2TaxRatesforParticipatingJurisdictions3Table3WaterfrontPropertiesbyLocationandValuewithintheTIFDistrict6Table4AverageAssessedLandValuebyLocation7Table5AverageCondominiumAssessedValuebyWaterfrontage8Table6CondominiumPropertiesmtheTIFDistrict8Table7LakePadrePropertiesbyTaxID9Table8OtherNonExemptWaterFrontProperties9Table9ExemptProperties10Table10PadreIslandGrowthRatesbyLocation1992200210Table11Scenario1TIFDistrictTaxableValueandRevenue2001202211Table12Scenario2TIFDistrictTaxableValueandRevenue2001202211Exhibit1TIFRevenueScheduleScenarios1and212Table13TIFTaxableValueandTaxRevenueScheduleScenarios1and2000s13TXFAlmltldlforNorthPadrelarldIinalPageiii GENERALLIIffiNGCOND11ONSEveryreasonableefforthasbeenmadetoensurethatthedatacontainedinthisstudyreflectthemostaccurateandtimelyinformationpossibleandtheyarebelievedtobereliableThisstudyisbasedonestimatesassumptionsandotherinformationdevelopedbyEconomicsResearchAssociatesfiomitsindependentresearcheffortgeneralknowledgeoftheindustryandconsultationswiththeclientandtheclientsrepresentativesNoresponsibilityisassumedforinaccuraciesinreportingbytheclienttheclientsagentandrepresentativesoranyotherdatasourceusedinpreparingorpresentingthisstudyNowarrantyorrepresentationismadebyEconomicsResearchAssociatesthatanyoftheprojectvaluesorresultscontainedinthisstudywillactuallybeachievedPossessionofthisstudydoesnotcarrywithittherightofpublicationthereofortousethenameofEconomicsResearchAssociatesinanymannerNoabstractingexcerptingorsummarizationofthisstudymaybemadeThisstudymaynotbeusedforpurposesotherthanthatforwhichitispreparedExceptionstotheserestrictionsmaybepermittedafterobtainingpriorwrittenconsentfromEconomicsResearchAssociatesThisstudyisqualifiedinitsentiretybyandshouldbeconsideredinlightoftheselimitationsconditionsandconsiderationsTiFAnelbforNolPldrelendFinalPageIv tNTRODUCIONEconomicsResearchAssociatesERAwasengagedtoprovidetheCityofCorpusChristiwithestimatesoftaxincrementrevenuesintheproposedNorthPadreIslandTaxIncrementFinanceTIFdistrictERAunderstandsthatestimatedfuturetaxrevenuesbomthedistrictwillbetargetedtofundaportionofthedevelopmentcostoffundingtheNorthPadreIslandDamageReductionandEnvironmentalRestorationProjectThisforecastmakesuseofdataprovidedbytheCityofCorpusChristiandtheNuecesCountyAppraisalDistrictcoveringpropertytaxratesassessedvaluesandactualhistorictaxespaidforthedefinedTIFdistrictDatafiomthesesourceshavebeenassessedtogenerateareasonableestimateofpotentialtaxincrementrevenueThisreportisindependentfiomanearlierreportpreparedbyERAintheyear2000ThisreportdoesnotassumeanymajordevelopmentinNorthPadreIslandandusesadifferentmethodologytoforecasttaxrevenueintheTIFDistrictSomenumbersareroundedandmightdifferfiomtheoriginaldatabaseAlthougheverypossibleefforthasbeenmadetopresentcorrectinformationsomeerrorsmightbepresentduetohandlingoflargedatasetsinashorttimeperiodHoweverERAbelievesthattheresultsarereasonableandconcurwiththedataavailableERAwouldliketothankallstaffmembersattheCityofCorpusChristiandtheNuecesCountyAppraisalDistrictforprovidinguswithdataintimelyfashionthatensuredpreparingacomprehensivereport APPROACHTheapproachfollowedbyERAfirstdefinesthecurrentbaselineassessedandtaxablevalueoftheproposedTIFdistrictusingassessmentinformationforlandandimprovementsprovidedbyofficialswiththeCityofCorpusChristiandtheNuecesCountyAppraisalDistrictERAunderstandsthatthebaseyearforthedistrictiscalendaryear2000FromthisbaseyearvalueERAgeneratestwosetsofTIFrevenueinputsForecastgrowthinthetaxablevalueofcurrentlyexistingbuildingsandvacantlandinthedistrictovera20yearperiodusingconstantgrowthrateforalltypesofpropertiesForecastgrowthinthetaxablevalueofcurrentlyexistinglandanddevelopmentinthedistrictusingvariablegrowthratesbasedonlocationwithinthedistrictGrowthinassessedvaluesandtaxespaidforcurrentimprovementsandvacantlandaswellasnewdevelopmentbeyondlevelsdefinedinthebaseyearconstitutetheincrementinpropertytaxrevenuethatcanbecapturedforpotentialuseinthePackeryChannelprojectWorkingwithofficialsattheNuecesCountyAppraisalDistrictCityofficialsprovidedERAwithyear2000assessedandtaxablevaluesforalllandandimprovementsintheproposedTIFdistrictThefollowingtableindicatesthatthedistrictcurrentlycontainsvacantlandandimprovementsamountingto85870603intaxablevalueThetablebreaksdownvaluesbetweenhomesiteandnonhomesitelandandimprovementsaswellasexemptionsandadjustmentstoarriveatatotaltaxablevalueExemptionsandadjustmentsaremadeforhomesteaddisabledindividualsandveteransandpeopleover65Preliminaryassessmentsfor2001are98153611andfor2002107588794TaMe1TaxableValueofLandImprovementTIFDisbk2000CaterylandHomeSiteLandNonHomeSitImprovementsHomeSiteImpuvementsNonHomeSiteSubTotalExemptionsAdjustmentsTotalTmbleValeVstae5491354239475564220059017684297893237973453194LookingfurtherattheabovetableERAdeterminedthathomesiteimprovementsincludesinglefamilyhomesaswellashigherdensitycondominiumprojectsontheseawallThisdistinctionisimportantbecausehomesitelandaccountsforonly18oftotallandassessedvaluebuthomesiteimprovementsaccountfor70oftotalimprovementsTZFAnmlyifarNxthPBdreblandFindpsge2 ParticipatingJurisdictionsFourjurisdictionsarecontributing100intothetaxincrementfundforthewholeperiodstartingin2001through2022OnejurisdictionDelMarJrCollegeiscontributing100intothetaxincrementfundforthefirst5years80forthesixthyear60fortheseventhyear40fortheeighthyear200fortheninthyearand0thereafterThreejurisdictionswillnotparticipateFlourBluffIndependentSchoolDistrictISDPortofCorpusChristiandFireDistrict2Thefollowingtableshowstaxratesscheduleper100oftaxablevalueTable2TaxRatesforParticipating3urisdicHonsJurisdictionsProvidinALL2001200S20620072008200920102022IncrementJurisdictionsCityofCorpusChristi0644175FarmtoMaflcetRd0005238CountyHospital0228028DelMurJrCollage021988NuecesCounty035024206441750644175064417500052380005238000523802280280228028022802802198801759040131928035024203502420350242064417506441750644175000523800052380005238022802802280280228028008795200439760035024203502420350242PortofCorpusChristi0002117FlourBluff1SD1526197FireDistrictg20022200TOTAL299807714475631403S91359611L315641271661227683NoAssmnolaxratesdonotchmpeSgurceNueccsCountyAppraisalDistctCitofCorpusChriRegardingtheabovetaxrateslocalofficialsindicatedthattheydidnotexpecttoseeunusualgrowthintheabovetaxratesinthenearfutureFollowingstandardTIFmodelingguidelinesERAhastakentheabovetaxratesandheldthemconstantforthedurationofthe20yearTIFmodelWithtaxratesheldconstantkeydriversoftheforecastbecomeratesofappreciationforexistingimprovementsandvacantlandMethodologyInordertoestimateareasonabletaxrevenueflowERAmadethefollowingassumptionsBasetaxyearis20002002taxratesforeachparticipatingjurisdictionareassumedfixedforthewholeperiodthrough2022Taxincrementfundstartsin2001EndofTIFdistrictis2022PackeryChannelwillbecompletedin2004TheTHdistricttaxrevenueflowiscompletelyindependentofanypotentialmajordevelopmentthatcouldpotentiallyhaveagreatimpactonotherdevelopmentsandlandvalueTFAnallmlaforNorthPadrelandFImMPa3 FirtoIncreaseValueoflandandcurrentdevelopmentswithwaterfrontageintheDistrictexcludingbeachpropertieswillbethefirsttoincreaseinvalueduetotheopeningofPackeryChannelasitwouldprovidedirectaccesstotheGulfofMexicoMagnitudeofIncreaseWaterfrontpropertiesvacantlandintheDistrictexcludingbeachpropertieswillhavethegreaterincreaseinvaluecomparedtopropertieswithoutwaterfrontageItisassumedthatthevaluewillapproachthevalueofvacantbeachpropertiesBasedontheaboveassumptionsERAcompileddatafromtheCityofCorpusChristiandtheNuecesCountyAppraisalDistricttoestimatecurrentlandandimprovementvaluebylocationintheDistrictUsingTaxIDdataERAaggregatedpropertiesbasedontheirlocationbydefining4distinctlocationsBeachLakePadreOtherwaterfrontpropertiesNonwaterfrontpropertiesAfterlinkingeachpropertytoalocationtotalassessedandtaxablevalueswerecalculatedforeachlocationValuecomparisonwasestablishedandwaslaterusedtoestimategrowthratesforpropertieswithintheDistrictERAalsoaggregatedallvaluesofpropertiesonNorthPadreIslandforthepast10yearstoestimateanaveragecalculatedaveragegrowthrateCAGRfortheislandThisCAGRwasthenappliedintheforecastmodelTaxratesfromtheparticipatingjurisdictionswerethenappliedtoestimatetaxrevenueflowsTIFAnalyibforNodhPadreslandFinalPage4 TFREVENUEANALYSSSummaryTwoscenariosweredevelopedandarepresentedinthisreportThefirstscenarioappliesanannualgrowthrateof9from2003through2012and3annualgrowthratefrom2013through2022forallpropertieswithintheTWDistrictThe91annualgrowthraterepresentstheCAGRoftheassessedvaluesofallpropertiesonPadreIslandfrom1992through2002ThesecondscenarioappliesdifferentannualgrowthratesforeachpropertytypeintheTIFdistrictWaterfrontpropertiesonLakePadrethecanalandontheproposedPackeryChannelareestimatedtogrowatanannualrateof24between2003and2007DuringthesameperiodBeachpropertiesandnonwaterfrontpropertiesareassumedtogrowat91From2008through2022allpropertiesareestimatedtogrowattheinflationrateof3perannumThe24annualgrowthraterepresentstheestimatedCAGRofthetotaltaxablevalueofTIFpropertieswithinthefiveparticipatingjurisdictionsfrom1996through2001ThetwoscenariosareconservativeanddonotassumeanynewdevelopmentFrom2001through2022andusing2000asthebaseyearthefirstscenariogeneratesatotaltaxrevenueof634millionofwhich389millionistheTIrevenueThesecondscenariogeneratesatotaltaxrevenueof559millionofwhich313millionisTHrevenueAdetailedanalysisfollowsRealEstateMarketDiscussionEconomicsResearchAssociatesconductedanumberoftelephoneimerviewswithaccreditedrealtorsinCorpusChristiandPadreIslandThegeneralconsensushasbeenthatoverthepastthreeyearsdemandforgoodpropertiesdefinedasthoseingoodrepairmodernappliancesvisuallyappealingandhavegoodaccesshasincreasedremarkablyThisincreaseindemandthelimitedsupplyandastrongmarketlettoanincreaseinpricesThedemandforweekendandseasonalhomesfromresidentsoflargeTexancitiessuchasDallasHoustonandSanAntonioisalsopushingpricesupwardAgingbabyboomersandahealthyeconomyhadleadtostrongdemandofretirementandseasonalhomesinPadreIslandThisdemandhasexceededthemarketsabilitytosupplymorehousingunitsAnotherfactorintheescalationofpriceanddemandisspeculationregardingthePackeryChannelwhichwouldconnectLakePadreandthePackepyChanneltotheGulfof MexicoTheChannelisperceivedasaconvenientwaytoprovideaccesstotheGulfofMexicofromLakePadreandtheintercoastalareasSomerealtorsindicatedthatLakePadrepropertieswouldbemoreattractivetosailingenthusiaststhatwouldneedtobeeastofthe22footbridgetobenefitfromtheChannelThisisassumingamarinaisdevelopedonLakePadrePropertieswithoutwateraccessknownamongrealtorsasdryorinteriorpropertiesonPadreIslandcandemanda1000015000premiumovercomparablepropertiesinthecitySomerealtorsindicatedthatthedifferenceinpricebetweenwateraccessibleanddrypropertiesonPadreIslandistoogreattocharacterizeWhenaskedaboutPortAransasandhowthemarketcomparestoPadreIslandMostrealtorsindicatedthatpropertiesinPortAransas20milesfromCorpusChristiareoverpricedandarenotcomparableinqualityRealtorsalsoindicatedthatPadreIslandhasstrongattributesandcharacterthatwouldattractinvestorstodevelopresortssomethingthatPortAransaslacksTIFWaterfrontProperties2002UsingthemicroleveldatapropertytaxrecordsobtainedfromtheCityofCorpusChristiandtheNuecesCountyAppraisalDistrictERAwasabletocompilewaterfrontpropertiesintheTIFDistrictbylocationandtypeTheTWDistricthas193008acreswithatotalassessedvalueof10759millionin2002Approximately51oflandhaveorwillhaveaftertheopeningofthePackeryChannelwaterfrontageor977acresApproximately203acresor21ofwaterfrontpropertiesareexemptpropertiesThewaterfrontpropertieshaveatotalassessedvalueof651millionandatotaltaxablevalueof606millionThefollowingtablesshowwaterfrontpropertiesbylocationlandvalueimprovementvaluetotalexemptionstaxablevalueandacreageTable3WaterfrontPropertiesbynandValuewLdnUteTFDistHclTypeAcreLandValueImprovementTotalAmessedTaxableValueValueValueCondosBeach1345245049928962433141304229048886AcrossfromtheBeach361281352390279941841513533871OtherIakePadreConl10931459001116002201305922111503641LakePadre47066459101393874255297555517325Bech53202577105435508369321886932188Rxempt202860000Otller222242517234166983641870704054928TOTALWATERPROPERTS9769513876204514292236530542760590839SoursNuecesCouuUAppralDistfiEconomicsResechAssociatesTFAnalyFroNuelhPadre11FinalPage6 Mostofthecondominiumpropertiesareolderdevelopmentsdatingtomid1980sespeciallytheoneswithabeachfrontageMostofthepropertiesonLakePadreareparcelsofvacantlandTheothernonclassifiedpropertiesareparcelslocatedontheCanalandwhatwouldbeonthePackeryChannelLandvalueasexpectedincreaseasitapproachestheBeachThemostexpensivelandparcelsarethoseofcondominiumwithbeachfrontagewithover180600peracreThesecondhighestonaveragearecondominiumpropertiesonLakePadrewith133500peracrefollowedbycondominiumpropertieslocatedacrossfromtheBeachAsexpecteddevelopedlandalthoughwithindirectbeachfrontagehasmorevaluethanundevelopedbeachparcelsItisplausibletoassumethatthevalueoflandparcelswithbeachfrontagewouldmorethanquadrupleinvalueateritisdevelopedThefollowingTableshowsaverageassessedvalueperacrebylocationTable4AverageAssessedLandValuebyLocationTypeAcreAverageLndValueAcreCondoBeach1345180623AcafromthcBeach36177840OtherLakePadreCanal1093133448LakePadre470669754Bech532048442Exempt202860Other2222411327TOTALWATERPROPERTIES9769517897NoteTotalaveragelandvlueexcludesexptpropertiesSoreNuecesCountyAppraisalDistrictEconomicsResearchAssociatesThereare16condominiumdevelopmentsintheTIFdistrictofwhichfourarelocatedonthebeachthreearelocatedacrossfromthebeachandtheremainderislocatedonLakePadrethecanalandPackeryChannelThemostexpensivecondominiumsarethosewithadirectbeachfrontageThefollowingtableshowsaverageassessedvaluepercondominiumbywaterfrontagelocation Table5AverageCondominiumAssessedValuebyWaterhontageTypeTotalCondoUnitsAverageCondoAssessedValueCondosBeach32496305AcrossfromtheBeach11536384OtherLakePadreCanal39932730SorNuecesCountyAppraisalDistrictEconomicsRearchAociatesThefollowingtableshowscondominiumpropertiesbylocationacreagenumberofunitsandaveragecondominiumassessedvalueTable6CondominiumPropertiesintherZFDiLctPropertyNameWaterAcreageTotalTotalFrontageLandImprovementsLocationValueElConstanteBeachfrontPlxeIslandBeachfrontCulfstramLaCasaDel8olLakePadreLakeshoreVillasLakePadreLeewardIslesLakePadreLeewardCoveLakePadreLorimPlaceCaue12blsfixmbeachMysticPacChannelSeahorseAcrossthesUetfromNautilusGaliciaAcrosstBeachPiratesCrossingLakePadreSesscapeVlPortofinoBeachfrontMmrineCayCmlal2blocksfxombeachPadreIslandAcsstheSurfsidestrefromPacIsleIslandBeachfront8smdDollarCanalTotalToalTotalNumberAvAssessedTaxableofUnitsCondoValueValueValue305531178531712458483025581554698475847888566913272754141584231323923913010891107094134889071983205983205244096712615355215865441740096145983524725042581688102761688293049828971688733684061756325855216611536461531641322043716503033353749853749851037499094122904118500213079061175954324087210378814118935812681721017892264877610367502121928912867911051791452859505318459112334051417996133795936393892314835385372008585554651306655311048235153954424971963036740226174013622329155135036149415216291881464188443702733152814248122725340414509742972741720374818455845860664236664234178422799416888044277177484460574408639883857812SoursNuecesCountyAplwaisDistrictEconomicsResemchAssociatesIFAndyMIfarNorthPmlreblBndFklMPge8 Beachpropertiesotherthancondominiumsaremadeupof31vacantparcelsandonedevelopedparcelwhichistheHolidayInnwithanassessedvalueof45millionThereare12vacantparcelsthatrangeinsizefromonetoapproximatelysevenacreswiththelargestbeing698acresMostoftheremainderparcelsareapproximatelyhalfanacreThereare10051acresparcelsthatarevaluedat56250eachoranaverageof110294peracreThesearethemostvaluedparcelsonthebeachThenextthreetablessummarizepropertiesbyTaxIDThefirsttablelistsallpropertiesonLakePadrethesecondtableshowsallotherCanalPackeryChannelnonclassifiedwaterfrontpropertiesthatarenonexemptandthelasttableshowsallexemptpropertiesTable7LakePadrePropertiesbyTaxIDTAXIDTotalLandTotalTotalTotalAcreageValueImprovementsAsessedTaxableValueVatue618016367418206712457412244498220856185113634101136341113634123756175225114658802909942909945016125130930252191136149313614932860561952835150283515283515135Total45910139387425529755551732547066SourceNuecesCountyAppraisalDistrictEconomicsRehashAssociatesTable8OtherNonExemptWaterFrontPropertiesTAXIDTotalLmdTotalTotalTotalValueImprovementsAssessedTaxableValueValue3730152759111409264168264168479379119927644710676461067646617058475205847525847526205735000073500073500011151740190174019174019171779505128198013614851229343Total2517234166983641870704054928SourceNuecesCouatyAppraisalDiaictEconomicsResearchAssociatesAcreageLegalDescription805IslandFainvayEstates675MarinersCayLots758PADREISLANDSECB60PADREISLANDSEC1813886BRYANWMSUR606LS64129964ACSICL100CompassTownhomes1322224TFAnMMiforNorthPmfrelandFImiPage9 Table9ExemptPropertiesTAX1111500000010111500000050373000030050616500451400619000000005625200000010625200000020TotalNameAereeSTATEOFTEXAS13887STATEOFTEXAS403FLOURBLUFFINDSCHOOLDI65CITYOFCORPUSCHRISTI346STATEOFTEXAS0NUECESCO20NUECESCOUNTYTRUSTEE3020286GrowthRatesUsingavailabledataERAconductedtrendanalysisforvariousareastoestablishatrendinpropertygrowthratesonPadreIslandandintheparticipatingjurisdictionsThesegrowthratesarelaterusedintheforecastmodelstoestimateTIFrevenuePadreIslandUsingmicroleveldataERAcompiledtheassessedvaluesforallpropertiesinNorthPadreIslandfrom1992to2002In1992totalassessedvalueforpropertiesonLakePadreandonthebeachwerehighanddecreasedinthefollowingyearsThisisthemainreasonforthenegativeCAGRforbeachpropertiesandthesmallfigurelessthanonepercentforLakePadrepropertiesforthe10yearperiodNorthPadreIslandintotalincludingwaterfrontandnonwaterfrontpropertieshadaCAGRof91iepropertiesgrewonaverage91peryearbetween1992and2002ThefollowingtablesummarizesgrowthratesforPadreIslandbylocationofpropertiesTable10PadreIslandGrowthRatesbyLocalon19922002YearPadreIslandWaterfrontLkeaeachAllPropertYCondosPmbeCAGR1992200291065996077396CAGR199320021014727545230ourceNuecesCountyAppraisalDistrictEconomicsReseoaAssociatesOtherNonWaterfrontWaterfront2031019239001106TFAndysbforNorthPmJreIdmdFirmlPeql810 RevenueConclusionsThefollowingtablessummarizetheTHDistrictsestimatedtaxablevaluegrandtotaltaxrevenueandtheincrementaltaxrevenuefrom2001through2022Scenario1reflectsanoverallaverageannualgrowthrateof91from2003through2012andanannualgrowthrateof3from2013onwardsScenario2reflectsannualincreaseintaxablevalueof24forpropertiesonLakePadreandotherwaterfrontpropertiesexcludingbeachpropertiesBeachpropertiesexistingcondominiumpropertiesandpropertieswithoutwaterfrontageincrease9intaxablevaluefrom2003through2007and3from2008onwardsTable11Scenario1TIFDistrictTaxableValueandRevenue20012022TaxableValueGrandTotalTaxRevenueIncrementalTIFRevenueAccumulatedTIFRevenue20012005200620102011201520162020590873474909709774130040602115233209948553266118997301596486418701553233811062510111069377013430459233811085891221928289132713350S0ureCityofCorpusCluistiNuecesCountyAppraisalDistrictandEconomicsResemchAssociates20212022675226929828964661812o938894559Table12Scenario2TIFDistrictTaxableValueandRevenue20012022TaxableValueGrandTotalTaxRevenueTIFRevenueAccumulatedTIFRevenue200120052006201020112015201620206018089489126351631072871721124375237187115641197161013171464152693362496408632289179003709998242249640888192991671966926717912SourceCityofCorpusChristiNCountyAppTaisalDistrictmxdEconomicsResechAssociates202120225513054026768283465984531377757TFAnalyMfroNmMtPadrIRmd11 ThefollowingexhibitshowsthegrowthintheTIFrevenuefrombothscenariosExhibit1TFRevenueScheduleScenariosIand2TrFAndylbforNorthbimldFinalPage12 ThefollowingtableshowstaxablevaluesgrandtaxrevenueandincrementalrevenuefromthetwoscenariosinthousandsofdollarsTable13TIFTaxableValueandTaxRevenueScheduleScenarios1and200Z02000sYARTAXABALVALLrGRANDTAXREVENUScenario1Scenario2ScenarioIScenario2Scenario1Scenario22001985149851414261426183183200210758910758915571557314314200311737611880316991720456477200412794013137918521902609659200513945514552420192107776864200615200616148321342267928106120071656861795462253244110851274200818059818493223762433124613032009196852190480250324221411133020102145681961942634240915801354201123388020208028712481181714272012254929208143313025552075150120132625772143873224263221691578201427045422081933202711226616572015278567227443342027922366173820162869242342663523287624681822201729553224129436282962257419082018304398248533373730512683199720193135302559893849314327952089202032293626366939653237291021832021332624271579408433343029228020223426032797264206343431522380TOTAL63409589249993743823743889531378CityofCorpusChristiNtmcesCountyDistrictandEconomics ReinvestmentZoneNumberTwoCityofCorpusChristiTexasEXHIBITBMaiExbtingUsesandConditionsintheZone PadreTaxIncremenFinancingexssceInFeetCopyright19892001CityofCorpusChristiLEGENDJIFAreatotalacreageIOOCorpusChristiCityLimitLineTIFAreaBoundaryLineCityOfCorpusChristiPlanningDepartment ReinvestmentZoneNumberTwoCityofCorpusChristiTexasEXHIBITCMapProposedImprovementsandProposedUsesofRealPropertyintheZone LegendSrceDepartmentofDevelopmentServices ReinvestmentZoneNumberTwoCityofCorpusChristiTexasEXIHBITDProjectCostsandEstimatedCashFlows ProlcoLandeasementsROWDemolitionUtilityrelocationSitepreparafloReach2MobizationdemobilizationOglrFIMobilizationdemobilizationOrerigOveiepthPlacementinplacementareasConcretebulkheadsAnchoredconcretebulleeadszetewalkwayPbmflingegirmringdesignMalfltenaocedredgimeeweaMoleBeattJemonitoringPaddngbtbpavsreaeancenterbFinancingcentJngencyreseesrounding23620082670153530208347292135421040733642667647742192597748242004868811704083164736029392t10293919100013483834719348764492912120101924218928784252361488332764034837741693213144531382386483835898551239894829463154043100000032142111249720892474304126006448297797388003408580633022000015023095258089765012737680958t8817794921817840636174118t46614000001400000012500004375008125005410001893503516507500007S0000020000002000000014106831410r683346595131574527418914240Fuadlng8ureeCoqsofEngineers18914240Sees2003Bonds25000002500000Sees2005Bonds43300004330000SuqflusTaxrementsorBodsb3000000300010003465951315745273aMalntenancedredgingreserveeilhertobefinancedfromtheproceedsofSeries2005BondsorasfindsbecomeavailablefromsurlustaxIncrementsorammblnationthereofbParksrecreationcenterandparkinglottobellnanedasfundingbecomeavallahM1891424018914240 South Padre Island DR (Park RD 22)Padre Island Country Club Co. Park State Hwy 361Za h n RD State of Texas J.P. Luby Park Windward DRState of Texas Beach Access RD 4Packery Channel Padre Balli County Park Whitecap Blvd Palmira DRPadre Island Tax Increment Finance District Source: Department of Development ServicesMDN 2/20/03 µ 0 0.25 0.50.125 Miles Legend Parcels TIF Area Exhibit B BAY CRT WESTDRIVE COURTBELLODRIVE NEMOCOURTARUBADRIVEDYNASTREETMIZZENSTREET DYNASTREETSTATEHWY361 WHITECAPBLVD GYPSYSTREETZAHNROAD GRANDDUNECRTCATBOATCOURT BEACHACCESS3A RD CROWN ROYALDR. P O R T S 'O C A L L D R .P A L O S E C O D RIV E JOLLYROGERSTREET PUNT AE S P ADAL OOP SANDDOLLARAVENUECABANAEASTSTREETPADREISLANDDRIVE ( PARKROAD22 )( PARKROAD22 )CABOBLANCODRIVEB E A C HA C C E S S 6 R DELIFFROADCITY OF CORPUS CHRISTI, TEXASTIRZ #2 Legend TIRZ #2 µ 0 3,000 6,0001,500 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\tirz2.mxdPrepared By: MikeN© City of Corpus C hristi, Texas STATE HYW 361WHITECAP PARK RD 22CITY OF CORPUS CHRISTI, TEXAS TIRZ #2Current Land Use Legend TIRZ #2 Current Land Use Vacant Water Natural Area Wetland Drainage Corridor Park Low Density Residential Medium Density Residential High Density Residential Mobile Home Professional Office Commercial Public-Semi Public; PSP Light Industrial Heavy Industrial µ 0 2,900 5,8001,450 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxdPrepared By: MikeN© City of Corpus Christi, Texas Exhibit C STATE HYW 361WHITECAP PARK RD 22R-1B AT B-2A/IO A-1/IO R-1B/SP/01-11 B-4 B-2/IO R-2 A-1/IO B-2A/IO/SP/96-12 AT/IO AT AT AT/IO A-2 B-2A/IO/SP/96-06 AT/IO R-1B/IO AT AT/IO B-2A F-R/IO B-2A B-2A/IO/SP/97-09 B-2A/IO/SP/98-08 R-2 R-1B B-2/IO R-2 B-2A A-1 R-1B/PUD-1/IO R-1B/PUD-2 F-R/IO AT/SP/01-11 R-1B/IO A-2 B-2A/IO R-1B/IO B-2/IO F-R AT/PUD-2 CITY OF CORPUS CHRISTI, TEXAS TIRZ #2Zoning Legend TIRZ #2 Zoning µ 0 2,700 5,4001,350 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\zoning.mxdPrepared By: MikeN© City of Corpus Christi, Texas Exhibit D STATE HYW 361WHITECAP PARK RD 22CITY OF CORPUS CHRISTI, TEXAS TIRZ #2Future Land Use Legend TIRZ #2 Future Land Use Conservation/Preservation Water Natural Area Wetland Vacant AR Drainage Corridor Park Estate Residential Low Density Residential Medium Density Residential High Density Residential Mobile Home Professional Office Commercial Research/Business Park Tourism Public-Semi Public Light Industrial Heavy Industrial µ 0 2,750 5,5001,375 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\flu.mxdPrepared By: MikeN© City of Corpus Christi, Texas Exhibit E Exhibit F Exhibit F Exhibit F Exhibit G Exhibit G Exhibit G Exhibit G Exhibit G PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities,construction of approximately 11,500 square yards of new flexible pavement,parking lot,two concrete driveways,minor water and wastewater improvements,landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300-space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp;construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp,concrete bollards;minor drainage improvements;3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area.The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico.Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive.The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures,parking lot,access road,pedestrian walkways,storm water structures lighted bollards with electrical receptacles,lighting,landscaping,concrete benches and repairs to shoreline structures. $2,869,224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. $64,500 Completed December 2012 7a Packery Channel Aids to Navigation / Signage - Hurricane Harvey Repairs Per ISAC, additional funds needed to replace signs completed in Project 7 following Hurricane Harvey. Revised 2/20/18 $65,000 $7,166 Completed April 2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) page 1 of 3 11/8/2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot.The project also includes turn-around and connector to Zahn Road.A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long)is also being planned.Priority Item.P&R recommends self contained,solar powered mobile units to be placed at Packery Channel Parking Lot,end of Zahn Road and on South side of PC (at a location yet to be determined)Build and Install portable restroom shelters to hold portable restroom units at various locations.Build and Install Portable Shower units on the North and South side of Packery Channel.Board approval of 4 portable restroom facilities at $65,000 each plus 20%contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $402,000 Solar Powered Units: Complete. Showers: Partial Water line installed Spring '18. Waiting on BCC permit. 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom,lookouts and parking lots.This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms,lookouts and parking lots.This project was designed as part of the Phase 2 project for parking and overlooks.Priority ITem:P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach.For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Complete 10 Packery Channel Dredging and Beach Nourishment - 2012 The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel,and 15,000 cubic yards of sand from the north to south end of the N.Padre Island Seawall.Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 10a Packery Channel Dredging and Beach Nourishment - 2020 The project consisted of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline.Dredging schedule to be determined by results of annual study of channel. $350,000 $37,345 In permitting process. Waiting to hear from USACE. page 2 of 3 11/8/2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch.This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding.P&R recommends further discussion on this item to determine if another amenity would better suit the area.ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. $273,000 Estimated completion: Fall 2019. At 90% Design 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S.Army Corps of Engineers.They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008.The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore,measurement of elevation along the adjacent beach and inland channel segment (shoreline position),elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. $286,000 $1,847,312 (Lifetime Expenses to Date) 2018 monitoring complete. 2019 Contract Executed 3/29/19. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre-storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 for design $4,000,000 for construction as stated in FY 2020 Budget $417,027 60% submittal under review. 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. In April 2017, the City Council approved the appropriation of $4M in TIRZ #2 funding for the contruction of PR 22 Bridge. A Developer Agreement for PR22 Bridge was approved by City Council on April 23, 2019. After re-bidding the construction contract in October 2019, the lowest bid was $13,943,536 and the budget shortfall totals $2,884,815.66. $4,000,000 11/12/2019 Add'l $2,884,815.66 $0.00 Waiting for developer on canals. 17 Beach Crosswalk at St. Augustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. $32,000 $20,331.00 Completed February 2019. 18 Feasibility Study Per Texas Tax Code Sec. 311.011. Project and Financing Plans. (c) Reinvestment zone financing plans must include (3) a finding that the plan is economically feasible and an economic feasibility study.$50,000 $50,000 Complete 19 Contingency for all Projects Project contingency fund for all projects. $100,000 page 3 of 3 11/8/2019 Account Number Account Description Actual Revenues 2017 - 2018 Original Budget 2018 - 2019 Amended Budget 2018 - 2019 Estimated Revenues 2018 - 2019 Adopted Budget 2019 - 2020 Reserved for Encumbrances 990,000$ 1,070,000$ -$ Reserved for Commitments 8,260,716 10,905,490 14,147,175 Unreserved - - - Beginning Balance 9,250,716$ 11,975,490$ 14,147,175$ Property Taxes 300020 RIVZ Current Taxes-City 2,281,607$ 2,412,597$ 2,412,597$ 2,453,000$ 2,713,707$ 300050 RIVZ Current Taxes-County 1,151,264 1,171,473 1,171,473 1,175,000 1,298,306 300060 RIVZ Current Taxes-Hospital District 454,462 488,618 488,618 459,000 494,113 300110 RIVZ Delinquent Taxes-City 21,193 18,998 18,998 11,000 19,511 300130 RIVZ Delinquent Taxes-Del Mar 1 - - 10 - 300140 RIVZ Delinquent Taxes-County 10,163 10,500 10,500 6,000 21,180 300150 RIVZ Delinquent Taxes-Hospital District 4,130 4,600 4,600 3,000 4,800 300210 RIVZ Penalties & Interest - City 16,714 25,000 25,000 14,000 25,700 300230 RIVZ Penalties & Interest - Del Mar 2 - - 12 - 300240 RIVZ Penalties & Interest - County 8,329 12,001 12,001 7,500 12,500 300250 RIVZ Penalties & Interest - Hospital District 3,307 7,201 7,201 3,200 7,400 Property Taxes Total 3,951,171$ 4,150,988$ 4,150,988$ 4,131,722$ 4,597,217$ Interest and Investments 340900 Interest on Investments 170,426$ 130,000$ 130,000$ 210,892$ 250,000$ 340995 Net Inc/Dec in FV of Investments 110 - - - - Interest and Investments Total 170,536$ 130,000$ 130,000$ 210,892$ 250,000$ Interfund Charges 352000 Transfer from Other Fund 757$ -$ -$ -$ -$ Interfunds Charges Total 757$ -$ -$ -$ -$ Revenue Total:4,122,464$ 4,280,988$ 4,280,988$ 4,342,614$ 4,847,217$ Total Funds Available:13,373,180$ 16,318,104$ 18,994,392$ Note:Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone. The Zone became effective on November 14, 2000. The funding source is post-2000 incremental property taxes from taxing units with property within the boundaries of the zone. Reinvestment Zone No. 2 (TIF) Fund - Padre Island 1111 Revenue Detail by Account Exhibit I Org. Number Organization Name Actual Expenses 2017 - 2018 Original Budget 2018 - 2019 Amended Budget 2018 - 2019 Estimated Expenses 2018 - 2019 Adopted Budget 2019 - 2020 11305 Administration -$ 650,000$ 650,000$ 650,000$ 4,000$ 55000 Principal Retired 1,070,000 1,240,000 1,240,000 1,240,000 1,400,000 55010 Interest 309,150 261,000 261,000 261,000 205,200 55040 Paying Agent Fees 5,694 6,000 6,000 6,000 6,000 60000 Operating Transfer Out (CIP)- - - - 9,050,000 60010 Transfer to General Fund 12,846 13,929 13,929 13,929 63,344 Reinvestment Zone No. 2 Total:1,397,690$ 2,170,929$ 2,170,929$ 2,170,929$ 10,728,544$ Reserved for Encumbrances 1,070,000$ -$ -$ Reserved for Commitments 10,905,490 14,147,175 8,265,848 Unreserved - - - Closing Balance 11,975,490$ 14,147,175$ 8,265,848$ Bond Reserve 1,500,000 Park Road 22 Reserve 4,000,000 Revetment Reserve 0 Maintenance Reserve 500,000 6,000,000 Packery Channel Dredging Design 350,000 Packery Channel Dredging Construction 4,000,000 Packery Channel Revetment 4,600,000 Continengy for all Projects 100,000 For FY 2020 CIP Projects 9,050,000 Reinvestment Zone No. 2 (TIF) Fund - Padre Island 1111 Expenditure Detail by Organization Reinvestment Zone No. 2 Project List for 2020 Exhibit I AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 19, 2019 Second Reading Ordinance for the City Council Meeting of December 10, 2019 DATE:November 11, 2019 TO:Peter Zanoni, City Manager FROM:Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 CAPTION: Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. SUMMARY: The purpose of this item is to appropriate additional funds in the amount of $2,884,815.66 for the Park Road 22 Bridge project; to amend the Fiscal Year (FY) 2020 operating and capital budgets by $2,884,815.66. This brings the total Tax Increment Reinvestment Zone (TIRZ) #2 contribution towards the constructionof the Park Road 22 Bridge to $6,884,815.66. This action transfers funds in the amount of $6,884,815.66 from the Reinvestment Zone No., 2 Fund 1111 to the Capital Improvement Program (CIP) Fund for this project and is required in order to move forward with the construction of Park Road 22 Bridge per the City’s agreement with a developer to build a third- party canal project in the vicinity of the bridge. The City’s funds must be certified before the developer will begin construction of the canal, which is anticipated to take approximately 90 days to complete. BACKGROUND AND FINDINGS: On February 21, 2017, the TIRZ #2 Board met and approved an amendment to the Project & Financing Plan to use funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. On April 23, 2019, the TIRZ #2 Board, the North Padre Island Development Corporation (NPIDC), and City Council approved the appropriation of $4,000,000 of TIRZ #2 funds for the construction of Park Road 22 Bridge. Ordinance Appropriating $2,884,815.66 from TIRZ #2 Fund and Amending the Budget in the amount of $6,884,815.66 Diamond Beach Holdings, LLC (DBH) and Padre Island Holdings, LLC (PIH) are the current owners of land adjacent to the proposed location of the Park Road 22 Bridge. DBH and PIH are proposing to build a canal to create a water connection under the Park Road 22 Bridge and provide for connectivity from the existing canal system owned by the Padre Island Property Owners Association to the Packery Channel. A developer agreement for Park Road 22 Bridge was approved by City Council on April 23, 2019. The agreement lays out the requirements for the proposed bridge and canal project, which requires the City to certify the availability of $11,696,319.50 for the bridge and to award the construction contract for the bridge project after the canal is substantially completed. $11,696,319.50 was the amount of the low bid when this project was previously bid by the City. The construction contract related to that bid was never awarded. The construction contract will be brought back to City Council for approval once the canal is substantially completed. On October 30, 2019 the project was re-bid, and the lowest bid was $13,943,536. The estimated budget shortfall is $2,884,815.66. The TIRZ #2 Board approved a Project Plan Amendment on November 12, 2019 and recommended City Council approval to increase the budget for the Park Road 22 Bridge by $2,884,815.66, bringing the total TIRZ #2 contribution to the project to $6,884,815.66 or approximately 50% of the total $14M construction cost. Below is timeline regarding Park Road 22 Bridge certification of additional funding. November 12, 2019 TIRZ #2 Board Meeting 1. Resolution amending the TIRZ #2 Project & Financing Plan and recommending City Council approval. Complete November 19, 2019 City Council 1. First Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. First Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 City Council 1. Second Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. Second Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 North Padre Island Development Corporation (NPIDC) 1. Motion approving the expenditure of up to $6,884,815.66 for construction of Park Road 22 Bridge. ALTERNATIVES: An alternative to approving this appropriation and budget amendment is to terminate the Developer Agreement or incur additional debt specific for this use. However, this use is not consistent with the purpose of the TIRZ #2 Project and Financing Plan and is also not consistent with the Developer Agreement approved by City Council in April 2019. FISCAL IMPACT: The additional $2,884,815.66 will come from the uncommitted fund balance in Reinvestment Zone No. 2 Fund 1111. Committing these funds will deplete the FY 2020 uncommitted fund balance in Fund 1111. Financial Detail: Fund:1111- Reinvestment Zone Two (Island) Organization/Activity: Mission Element:717 Project # (CIP Only):None Account:Fund Balance (uncommitted) RECOMMENDATION: City staff recommends approval of this appropriation and amendment. This use is consistent with the purpose of the TIRZ #2 Project and Financing Plan and is also consistent with the Developer Agreement approved by City Council in April 2019. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. WHEREAS, the City desires to move forward with the construction of a bridge project on Park Road 22 (the “Bridge Project”); WHEREAS, the City has previously committed $11,696,319.50 to the Bridge Project, which includes $4,000,000 in TIRZ #2 funding; WHEREAS, the lowest bid for the Bridge Project came in at $13,943,536, which, along with additional costs associated with the Bridge Project, necessitates the appropriation of additional funding; and WHEREAS, the agreement between the City and the developers of a third-party canal project in the vicinity of the Bridge Project requires that the City appropriate the funds and provide a certificate of available funds to the developers before construction of the canal will begin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $2,884,815.66 are appropriated from the TIRZ #2 fund 1111 for use on the Bridge Project. SECTION 2. That funds in the amount of $6,884,815.66 are transferred from the TIRZ #2 fund 1111 to the CIP fund 3278 for the Bridge Project. SECTION 3.The FY2019-20 Operating Budget and Capital Budget adopted by Ordinance No. 031870 are amended to increase expenditures by $2,884,815.66. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ Page 2 of 2 That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2019, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED on this the _______ day of _______________, 2019. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 28,2019 TO:Peter Zanoni, City Manager FROM:Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm-to-Market 43 and County Road 43. SUMMARY: Upon request by the landowner, John C. Tamez, this ordinance annexes 281.03 acres of land that will be developed as “King’s Lake Phase 2” in the area west of the Oso Creek and southeast of the intersection of TxDOT’s Farm-to-Market (FM) 43 and County Road (CR) 43. Staff recommends approval of the annexation and municipal service plan agreement. BACKGROUND AND FINDINGS: Description of the Request The subject property is 281.03 acres of land located south of FM 43, east of CR 43, north of CR 20A, and on the west side of the Oso Creek across from King’s Lake Phase 1, which is located on Yorktown Boulevard. The landowner is John C. Tamez and his application states the purpose of the request is to build wastewater to land continuous to the City of Corpus Christi for the purposes of mixed-use development. The developer expects to create 1,000 single-family lots on the subject property. The dwellings are expected to be priced as follows: 250 units at $225,000, 250 units at $275,000, 250 units at $325,000, and 250 units at $425,000, with an average sale price of $312,500 per unit. The developer anticipates full buildout to occur within seven years. The current use of the land is farming with no residents. As required by State law, the subject property is contiguous to the current City limit line. City Services to Subject Property The landowner has agreed to a Municipal Service Plan agreement with the City and the City Manager is authorized by City Charter to execute this agreement. The subject property can be served by an existing 48-inch transmission main in CR 43. Wastewater is currently not available to the subject property, but the developer will pursue an amendment to the City’s Wastewater Master Plan so that he can install a line in accordance with the Plan. The subject property does not have adequate vehicular access, but the developer will construct CR 43 (or ensure it is Voluntary Annexation of 281.03 acres for King’s Lake Phase 2 in the London Area AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 constructed) to provide access to FM 43 and other City master planned streets within the subject property. The developer will construct drainage improvements in accordance with engineering best practices since no City Stormwater Master Plan is adopted for this area. In its initial phases, the proposed development does not reach a threshold at which additional City Police substations, Fire stations, or City Library, Health, Animal Control, or Parks and Recreation services are needed. Analysis of the Request In order to make a recommendation, staff conducted an internal review with each City department responsible for providing services to determine any impact to operations and any need to expand City facilities. No City-funded expansions are necessary during the initial phases of the project. Then, staff conducted a fiscal impact analysis using assumptions provided in the application to review the costs of providing City services against the potential revenues generated by the development. Staff estimates that the annual impact to the City’s General Fund is net neutral. Staff also reviewed the proposed land uses in relation to nearby Navy Accident Potential Zones since the subject property is south of Cabaniss Airfield. Only a small portion of the subject property is located in an Accident Potential Zone 2, where a maximum density of two dwelling units per acre is considered compatible with the Navy’s flight operations. Staff discussed this issue with the landowner, who will need to request a zoning change consistent with the recommended density. Staff also finds other positive benefits to annexing the subject property. Those benefits include gaining the authority to prohibit the development of incompatible land uses through zoning, which protects property values and quality of life; and the authority to ensure development meets City standards in an area already served by City water lines. Future Council Actions In order to develop lots connected to City wastewater lines rather than septic systems, the developer will have to construct wastewater infrastructure in accordance with the City’s Wastewater Master Plan and Unified Development Code. The landowner is currently seeking an amendment to the City’s Wastewater Master Plan to expand service across the Oso Creek to serve this area and the amendment is pending Planning Commission and Council action. ALTERNATIVES: Since the proposed development’s financial impact to the City is net neutral and there are other positive benefits to annexation described previously, no alternatives to the developer’s request for annexation were considered. FINANCIAL IMPACT: Constructing 1,000 single-family dwellings at an average sales price of $312,500 per unit results in an annual impact to the City’s General Fund of $140,600 at buildout. Details are summarized in the table below. Decreasing the average sales price per dwelling unit to $270,000 results in a negative net annual General Fund impact of ($48,000)at buildout. Projected Increase in General Fund Costs & Revenues1 Buildout Projected Increase in Annual General Fund Expenditures ($1,685,300) Projected Increase in Annual Ad Valorem Tax Revenues (M&O)2 $1,208,800 Projected Increase in Annual Sales Tax Revenues (General Fund)$178,600 Projected Increase in Annual Other General Fund Revenues3 $438,500 Projected Net Annual General Fund Impacts $140,600 (1)Rounded to Nearest $100 (2)Excludes ad valorem tax revenues that are designated for residential street reconstruction (3)Examples include but are not limited to various solid waste fees and revenue from emergency calls. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City water lines already exist and to exercise land use controls in this growing area of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Service Plan and Map Landowner’s Petition for Annexation Presentation Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm-to-Market 43 and County Road 43. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on November 19th, 2019, a public hearing was 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 for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds 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, City Council finds 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 foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That a 281.03-acre tract of land, more or less, described by metes and bounds and a survey map in Exhibit A and illustrated in Exhibit B, generally located to the south of FM 43, west of Oso Creek and east of County Road 43 is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. 1 of 3 2 of 3 SECTION 3. 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 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 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-Rural District. 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 add the territory annexed as required by law. SECTION 6. 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 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. This ordinance is effective upon passage on second reading. 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A - Metes & Bounds Description EXHIBIT A Service Layer Credits:York town B lvd FM 43 O so Creek Site Size (approx.) - 281 acres Weber Rd King's Lake Plat City Limits Parcel Bounds ¯ 0 1,000 2,000500Feet1 inch = 1,000 feet City ofCorpus Christi Print Date: 09/25/2019 Exhibit A - Annexation Area = 281.03 acres Exhibit B MUNICIPAL SERVICE PLAN AGREEMENT FOR THE KING’S LAKE PHASE 2 SUBDIVISION 1 This MUNICIPAL SERVICE PLAN AGREEMENT (“Agreement”) is entered into by and between the City of Corpus Christi (“City”), and John C. Tamez (“Landowner”), both of which may be referred to herein singularly as “Party” or collectively as the “Parties.” WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 281.0337 acres of land situated in Nueces County, Texas, as specifically described in Exhibit “A” (“Subject Property”), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement 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 agreement 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. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. 2 Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a.General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (“CCPD”) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity (“CCN”) for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the “CCN holder”) and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water 3 service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity (“CCN”). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards 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. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. 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. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. 4 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or 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. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will be also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement 5 acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner’s developer according to the Corpus Christi Unified Development Code, City’s Water and Wastewater standards, and City’s master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner’s developer according to the Corpus Christi Unified Development Code, City’s design standards, and City’s master plans, as may be amended. Improvements are needed to County Road 43 in order to serve the Subject property (King Lake Subdivision). Only a portion of County Road 43 is located within the annexation area. Responsibility for improvements to County Road 43 outside the annexation area will remain with Landowner or Landowner’s developer and Nueces County. 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 related facilities, such as traffic control devices, within the City limits will be governed by the City’s standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplate by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. 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. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. 6 Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, 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 Agreement 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 Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. 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 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 7 Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binging Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. 8 CITY OF CORPUS CHRISTI LANDOWNER(S) By:________________________ By:________________________ Peter Zanoni, John C. Tamez City Manager Date:____________________ APPROVED AS TO FORM: By:_______________________________ Buck Brice Assistant City Attorney for the City Attorney Service Layer Credits:York town B lvd FM 43 O so Creek Site Size (approx.) - 281 acres Weber Rd King's Lake Plat City Limits Parcel Bounds ¯ 0 1,000 2,000500Feet1 inch = 1,000 feet City ofCorpus Christi Print Date: 09/25/2019 Exhibit A - Annexation Area = 281.03 acres City Council Presentation November 19, 2019 Voluntary Annexation in the London Area for King’s Lake Phase 2 (281.03 acres) Background •The Texas Local Government Code section 43.028 provides for a process that allows a property owner to petition for annexation. •On September 9th, 2019 a petition requesting annexation was received from landowner John Tamez. •Staff developed the required service plan and conducted the required public notice initiatives. 2 Aerial Overview of Annexation Tract CR 43CR 20A Proposed Development 4 King’s Lake Phase 2 (plat not available): 281.03 acres 1,000 dwellings Approximately 7 years to buildout Unit sales prices estimated: 250 x $225k 250 x $275k 250 x $325k 250 x $425k Average = $312,500 Note: Buildout and sales price assumptions provided by petitioner. Fiscal Impact Analysis – General Fund 5Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. Average Cost/Revenue Method: Population = 325,605 Non-Farm Empl. = 186,969 Service Population (Pop.+ ½ Jobs) = 419,090 Av. Household size = 2.7 ppl Revenue Estimate: Estimated increased property tax and sales tax revenues Per-capita estimate for other General Fund Revenues (ex. Solid Waste) Cost Estimate: Per-capita estimate for General Fund Expenditures (est. $624 per capita) Note: Not all General Fund Revenues and Expenditures projected to increase. Example: Fire Department Budget $58,484,506 / 419,090 = $139.55 per person 1,000 households x 2.7 persons per household x $139.55 = $376,788 Fiscal Impact Analysis – General Fund 6Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. (1)Rounded to the nearest $100. (2)Excludes ad valorem tax revenues that are designated for residential street reconstruction. Decreasing average housing unit value assumption to $270k results in a negative net annual General Fund impact of ($48K)at buildout. Projected Increase in General Fund Costs & Revenues (1)BUILDOUT Projected Increase in Annual General Fund Expenditures ($1,685,300) Projected Increase In Annual Ad Valorem Tax Revenues (M&O)(2)$1,208,800 Projected Increase In Annual Sales Tax Revenues (General Fund)$178,600 Projected Annual Increase In Other General Fund Revenues $438,500 Projected Net Annual General Fund Impacts $140,600 Staff Recommendation Approval of the requested annexation 7 DATE:October 28, 2019 TO:Peter Zanoni, City Manager FROM:Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance annexing approximately 446.4 acres of land into the territorial limits of the City of Corpus Christi; and rezoning said annexed property at or near 1442 Farm-to-Market (FM) 43 from “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District (Tract 1) and “CN-1” Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. SUMMARY: Upon request by the landowners, this ordinance annexes and rezones approximately 446 acres of land that will be developed as “King’s Landing” by MPM Development LP with single-family residential and commercial lots in the area south of the Oso Creek along TxDOT’s Farm-to- Market (FM) 43 and north/west of the London ISD schools. Staff recommends approval of the annexation and zoning request. BACKGROUND AND FINDINGS: Description of the Request The landowners (MPM Development LP, The William Earl Hensch Trust, Anna Belle Hensch, Retta Maurine Kasper, and Corpus Christi Community Church) requested annexation and rezoning of their land, being approximately 446 acres of land located on the southside of the Oso Creek to the west and north of the London ISD schools, north of FM 43, and between the new Rivers Edge Village subdivision and the proposed London Towne subdivision. At full buildout, MPM Development plans to create 1,446 single-family lots on 363.1 acres of the subject property with a proposed zoning of “RS-4.5” Single-Family 4.5 District with minimum lot sizes of 4,500 square feet. The developer estimates the average unit sales price to be $270,000. The remaining 83.3 acres are proposed for commercial uses (73.3 acres) and a church (10 acres). The zoning district requested for the commercial development is “CN-1” Neighborhood Commercial District. The current use of the land is farming with no residents. As required by State law for annexation, the subject property is contiguous to the current City limit line where it abuts the London Towne subdivision. Voluntary Annexation and Rezoning of 446.4 acres in the London Area for King’s Landing AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 City Services to Subject Property The landowners have agreed to a Municipal Service Plan Agreement with the City and the City Manager is authorized by City Charter to execute the agreement. The subject property is served by an existing 16-inch City water line in FM 43 and a future eight-inch City water line on the east boundary stubbing out from Braselton Homes’s London Towne subdivision. A City wastewater line will be available to the subject property through the London Towne subdivision to the east. No City gas lines are in the area. The developer will have to construct three City master planned streets that will connect to neighborhoods to the east and west and provide access to the London ISD schools. The developer will construct drainage improvements in accordance with the City Stormwater Master Plan for this area that was adopted by City Council in April 2017. In its initial phases, the proposed development does not reach a threshold at which additional City Police substations, Fire stations, or City Library, Health, Animal Control, or Parks and Recreation services are needed. Analysis of the Request Annexation: In order to make a recommendation on the annexation, staff conducted an internal review with each City department responsible for providing services to determine any impact to operations and any need to expand City facilities. No City-funded expansions are necessary during the initial phases of the project. Then, staff conducted a fiscal impact analysis to review the costs of providing City services against the potential revenues generated by the development. Staff estimates that the annual impact to the City’s General Fund is net neutral. Staff also finds other positive benefits to annexing the subject property. Those benefits include gaining the authority to prohibit the development of incompatible land uses through zoning, which protects property values and quality of life; the authority to ensure development meets City standards in an area already served by City infrastructure; and the authority to prohibit On-Site Sewage Facilities (septic systems) in an area close to the Oso Creek where City wastewater lines will be available. Rezoning: The subject property is located within the boundaries of the London Area Development Plan and the future land use designation for this property is “planned development.” The proposed rezoning to the “RS-4.5” Single-Family 4.5 District and “CN-1” Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. The “London Towne” subdivision to the east is zoned “RS-4.5” Single-Family 4.5 District. No zoning exists in the other directions because those areas are outside city limits. To the west is the new Rivers Edge Village subdivision with half-acre lots. To the south is the London Independent School District campus, vacant land and one large-tract single-family lot. This rezoning does not have a negative impact upon the surrounding neighborhood. Public Input Process Number of Public Hearing Notices Mailed: 42 within 200-foot notification area 1 outside notification area Responses received as of October 30, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 1 inside notification area 0 outside notification area Landowners in opposition total 0.03% of the land within the 200-foot notification area. Planning Commission Public Hearing Following the public hearing held on October 30, 2019, the Planning Commission recommended denial of the requested zoning. Council Action History and Future Council Actions The proposed annexation is contiguous to the new City limits established in July 2019 with the City Council’s approval of Braselton Homes’s request for voluntary annexation of 161.56 acres for the future “London Towne” subdivision located on County Road 33 north of the London ISD schools. In order to develop lots connected to City wastewater lines rather than septic systems, Braselton Homes constructed a wastewater lift station in accordance with the City’s Wastewater Master Plan that was approved by the City Council in May 2018 to bring sewer across the Oso Creek to serve this area. Braselton Homes will be reimbursed for this lift station from the Wastewater Trust Fund in accordance with a Reimbursement Agreement approved by City Council in May 2018. Similarly, MPM Development has requested an amendment to the City Wastewater Master Plan, which is pending Planning Commission and City Council action, to expand the lift station service area to include the entire acreage of the proposed annexation area. ALTERNATIVES: Since the proposed development’s financial impact to the City is net neutral and there are other positive benefits to annexation described previously, no alternatives to the developer’s request for annexation were considered. FISCAL IMPACT: Constructing 1,446 single-family dwellings at an average sales price of $270,000 per unit and 73.3 acres of commercial development results in an annual impact to the City’s General Fund of ($17,400) at buildout. Details are summarized in the table below. Increasing the average sales price per dwelling unit to $280,000 results in a positive net annual General Fund impact of $47,000 at buildout. Projected Increase in General Fund Costs & Revenues1 Buildout Projected Increase in Annual General Fund Expenditures ($2,522,000) Projected Increase in Annual Ad Valorem Tax Revenues (M&O)2 $1,622,500 Projected Increase in Annual Sales Tax Revenues (General Fund)$223,100 Projected Increase in Annual Other General Fund Revenues3 $659,000 Projected Net Annual General Fund Impacts ($17,400) (1)Rounded to Nearest $100 (2)Excludes ad valorem tax revenues that are designated for residential street reconstruction (3)Examples include but are not limited to various solid waste fees and revenue from emergency calls. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. Staff recommends approval of the zoning request to “RS-4.5” Single-Family 4.5 District allowing minimum lot sizes of 4,500 square feet on Tract 1 and “CN-1” Neighborhood Commercial District on Tract 2. The Planning Commission makes recommendations on zoning but not on annexation. Planning Commission recommended denial of the zoning request to the “RS-4.5” Single-Family 4.5 District on Tract 1 and “CN-1” Neighborhood Commercial District on Tract 2 with five commissioners in favor and four commissioners opposed. All commissioners were present and voting. LIST OF SUPPORTING DOCUMENTS: Ordinance with Service Plan and Rezoning Exhibits Landowners’ Petition for Annexation Final Report of the Planning Commission Presentation 1 of 4 Ordinance annexing approximately 446.4 acres of land into the territorial limits of the City of Corpus Christi; and rezoning said annexed property at or near 1442 Farm-to-Market (FM) 43 from “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District (Tract 1) and “CN-1” Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on November 19th, 2019, a public hearing was 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 for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds 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; WHEREAS, City Council finds 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. WHEREAS, pursuant to the Corpus Christi Unified Development Code §4.1.5, all new territory annexed to the City has the initial zoning of FR, Farm-Rural zoning district classification unless action is taken to amend the Zoning Map upon annexation. WHEREAS , the landowners have requested rezoning that is concurrent with the annexation process for the subject property located at or near 1442 Farm-to-Market (FM) 43; 2 of 4 WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council finds that this zoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That a 446.4-acre tract of land, more or less, described by metes and bounds and a map in Exhibit A, generally located to the north of FM 43, south of Oso Creek and west of County Road 33 is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. 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 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 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-Rural District. 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 add the territory annexed as required by law. 3 of 4 SECTION 6. 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 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by rezoning 363.121 acre tract of land (tract 1) as described in Exhibit “A“ and shown in Exhibit “C”, from the: “FR” Farm Rural District to the “RS-4.5" Single-Family 4.5 District and by rezoning the 83.287 acre tract of land (tract 2) as described in Exhibit “B” and shown in Exhibit “C” from the: “FR” Farm Rural District to the “CN-1” Neighborhood Commercial District. SECTION 9. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 10. 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 11. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 12. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 13. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 14. This ordinance is effective upon passage on second reading. 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor MUNICIPAL SERVICE PLAN AGREEMENT FOR THE KING'S LANDING SUBDIVISION This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"), and MPM Development LP, The William Ea rl Hensch Trust, Anna Belle Hensch , Retta Maurine Kasper, and Corpus Christi Community Church (collectively "Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexa tion of a tract of land totaling approximately 446.4 acres of land situated in Nueces County , Texas, as specifically described in Exhibit "A" ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and t he Landowner agree each will benefit from the City's development restrictions and zoning requirements , as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, f inds and dete rmine s that this Agreement will not provide any fewer se rvices 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 agreement will provide the annexed area with a leve l of serv ice , 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 popu lation density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained here in , the Parties he reto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following serv ice list represents the prov ision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: Th e Corpus Christi Police Department ("CCPD") will provide police protection. (2) Fire Protection: Services to be Pro vided: The Corpus Christ i Fire Department will provide f ire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: Aft er the effective date of annexation , the City of Corpus Christi will provide solid waste services to single family residential customers directly or indire ctly through a third -party con t ract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers . The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexe s, multi-family a partm ents and commercial and i ndustrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN ") for the annexation area. Services to be Provided: The C ity of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulat ions for the provision of water service , water service will be provided t o the Subject Property, or applicable portions thereof , by the util ity holding a water CCN fo r the subject property or portions thereof (the "CCN ho lder'') and , as app licable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdict ion the S ubject Property, or portions there of as app licable, is located, the extension of water 2 seNice will be provided in accordance with all the ordinances, regulations , and policies of the City. (6) Wastewater Service: Existing Services: Currently , the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property , or portions thereof as applicable , is located , the extension of wastewater seNice will be provided in accordance with all the ordinances , regulations , and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations , and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater seNice will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the seNice is not within the certificated seNice 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. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. 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. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company seNicing the City unless the lighting facility has been dedicated to the public , in which case the City will be the operator. 3 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playg rounds, or 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. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facili t ies, buildings, o r services identified . If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Plann ing and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City re view. Services to be Provided: The City will impose and enforce zoning , subdivision development, site development and building code reg ulations with the Anne xe d Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents o f the Annexed Area on the same basis as those facilities are available to current City landowners and residents . City re sidents receive program preference for some City programs. E xcluding gas and e lectric services , other City services in clud i ng Animal Control , Code Enforcement, Municipal Court and General Administration services will be also be available to landowners and residents in the Annexed Area on the same basis those faci lities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to se rv ice the Subject Property in the same manne r as s imil arly situated properties . Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement 4 acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the Ci ty, as may be amended . (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code , City 's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code , City's design standards, and City's master plans, as may be amended. Farm-to-Market (FM) 43 and County Road 33 will provide roadway connections to Subject property (King's Landing Subdivision). Improvements are needed to County Road 33 and connection to County Road 33 through the London Towne Subdivision is required to provide a secondary roadway connection to the King 's Landing Subdivision. Only a portion of County Road 33 is located within the City Limits. Responsibility for improvements for County Road 33 outside the annexation area will remain with London Towne Subdivision , Landowner or Landowner's developer and Nueces County. 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 related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code§ 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplate by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use , and population density are considered a sufficient basis for providing different levels of service . 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. 5 Section 5. Vested Rights Claims . This Agreement is not a permit for the purposes of T exas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effect ive Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that te rm is defined in this Agreement, 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 Agreement 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 rest raint of government, e xplosions, collisions and other inability of the City , whethe r 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 fo r purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable , to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires , the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11 . 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 T exas. 6 Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing , signed by the Party to be charged. Section 14. Binging EffecUAuthority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. 7 CITY OF CORPUS CHRIST I By :. _________ _ Peter Zanoni , City Manager APPROVED AS TO FORM: By: __________ _ Buck Brice Assistant City Attorney for the City Attorney ------------·-------- LANDOWNER(S) By :_--?.c.+--,,,,;~.e::;;...,e;._---- Mo agh , General Partner MPM Development, LP By :_1,:.W4~~~'{:..L.~c!f:!!:.~~­ Willia Ear Hensch, Trustee The William Earl Hensch Trust By: fh.414/ fid / J/~ Anna Belle Hensch Owner By : ____________ _ Retta Maurine Kasper Owner By: ____________ _ Scott McDonald , Agent Corpus Christi Community Church 8 CITY OF CORPUS CHRIST I By : __________ _ Peter Zanoni, City Manager APPROVED AS TO FORM: By: _ __,,.-,---------- Buck Brice Assistant City Attorney for the City Attorney LANDOWNER(S) By: ____________ _ Mossa Mostaghasi, General Partner MPM Development. LP By: ____________ _ William Earl Hensch, Tru stee The William Earl Hensch Trust By : ____________ _ Anna Belle Hensch Owner By ~/r' Retta Maurine asper Owner By: ·-----------~ Scott McDonald , Agent Corpus Christi Community Church 8 CITY OF CORPUS CHRISTI By: __________ _ Peter Zanoni, City Manager Date: ________ _ APPROVED AS TO FORM : By : __________ _ Buck Brice Assistant C ity Attorney for the City Attorney LANDOWNER($) By: ____________ _ Mossa Mostaghasi , General Partner MPM Development, LP By: ____________ _ William Earl Hensch, Trustee The William Earl Hensch Trust By: __________ _ Anna Belle Hensch Owner By: __________ _ Retta Maurine Kasper Owner By: D( YMDAI Scott McDonald, Agent Corpus Christi Community Church 8 z 0 ..... . 0 q w I\) Q) ~ ~ c Q) U1 I'! (J\ ... ru "' "! c to to<;i: l> Zl'1 · ro< '° ~-~~o nru-to l"lg_:u\;} ... Ot,n,... ~ '° "'l~!'°'Wig l> n -UI :-z ... a>....,1'1 ... (IJ Ulre ... ;i:~ Q) (J\ "' ~-~111~ .... w Q) -i "' . I\) (J\ -iP' , -< ;o wO -. l> z ·o o.i>. ~20gc~ "' -• (J\ n 0 (J\0 ...., -n-nCln -i q ' .... rue -i • F (JI U1 l'1 -~ (JI <..fl M V) Q) I\) (JI 0 • ........ (J\ '-:: 11) .... -~ M (IJ Q) ruW ...., . "' ... -~ Q) n.i--~ M z ...., .... w w • CJ\ ru ·w .I>. - Q)W -~ l"l (IJ Q) row 0 • oW .... N89' 01 · 55' E 1072. 21 ' RS-4. 5 ZONING TRACT , A PORTION OF 144. 30 ACRE FIRST TRACT AND 252 . 688 AC. SECOND TRACT , V. 1066, P. 140, D. R. AND BEING A PORTION OF THE NET LAND DESCRIBED BY DEED, DOC . ND . 2009010903, o. R. I AND A BEING A PORTION OF SURVEY 135 ABSTRACT 581, SURVEY 137, ABSTRACT 579 AND SURVEY 139, ABSTRACT 577, CUADR!LLA IRRIGATION CO MPANY, 363. 121 ACRES CG-1 ZONING TRACT, A PORTION OF 144 . 30 ACRE FIRST TRACT AND 252. 688 AC. SECOND TRACT , V. 1066, P. 140, D. R. AND BEING A PORTION OF THE LAND DESCRIBED BY DEED , DOC. NO. 2009010903, O. R. , ALL OF A 10. 08 AC. TRACT. DOC. ND. 2017010862, 0 , R. AND A PORTION OF SURV EY 135 ABSTRACT 581 , CUADRILLA IRRIGATION COMPANY, NUECES CO. , TX, 83. 287 AC ACRES "' 0 .... . 0 q 0 "':: ,.., EXHIBIT ucu SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION S NOO' 55' 32' II 117.50'\.r--N_8-t-'-04_'_2_8_'_E--'1~3~8~5-.8~4-'~9"'------------------~)-~~~~ "'S89 '08'51'W 1321.22' NB9'04'2B'E 588. 61 ' :t>:: Q) .... Q) ...., 0 0 (J\. GG-1 ZONING TRAC T, 83. 287 AC r ,..r (JI ...., ~~ • M A ;q~ w ~~ l"l S89' 11 '08'11 1513. 64 CL FM 43 25. 00 AC. TRACT I DOC. NQ. 2008018783, o. R. • LISD BALANCE OF 27. 5 AC. TRACT, DOC. NO. 2003067159, a. R. I LfSD LONDON SCHOOL TRACTS, LOT 3, V, 67, P. 578, M. R. S89'05'03'W 159. 34 ' S00'54' ll'E 558. 28' --I. 29 AC. TRACT , ALAMAROSA CASTILLO, DOC . NO. 20020 I 7337, 0. R. sa9·03•43•w 297. 55' 0 1 • 400 ' 800' • I I SCALE: l"= 800' 1600 ' I BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG . NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE : EXB-ZONING, JOB NO . 18068, SCALE: 1-"' 800' PLOT SCALE : SAME, PLOT DATE: 5/23/19, SHEET l OF 1 City of Corpus Christi Print Date: 09/25/2019 Exhibit A -Annex ation Area = 446. 4 acres N A 1 inch = 1,000 fee t 0 2,000 ---c::=====------•Feet 500 1,000 1 1 Service Layer Credits: London School District  FM 43 CR 33O s o C r e e k Site Size (approx.) - 446 acres M E L V I NE S T A T E S L O N D O NC L U BE S T A T E S R I V E RE D G EV I L L A G E L O N D O NT O W N E Annexation Area City Limits Parcel Bounds ¯ 0 1,000 2,000500Feet1 inch = 1,000 feet City ofCorpus Christi Print Date: 09/25/2019 Exhibit A - Annexation Area = 446.4 acres Exhibit 1 Page 4 of 8 Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 PLANNING COMMISSION FINAL REPORT Case No. 1019-08 INFOR No. 19ZN1033 Planning Commission Hearing Date: October 30, 2019 Applicant & Legal Description Owner: The William Earl Hensch Trust, Anna Belle Hensch, Retta Maurine Kasper, Corpus Christi Community Church, and South Texas Children’s Home Land Management Applicant: MPM Development, LP. Location Address: 1442 Farm-to-Market (FM) 43 Legal Description: Tract 1: Being 363.121 acre tract of land, more or less, a portion of 144.30 acre first tract and 252.688 acre second tract, both tracts described by deed, Volume 1066, Page 140, Deed Records of said county and being a portion of the net land described by deed, Doc. No. 2009010903, Official Records of said county and being a portion of a 256.56 acre tract described by deed recorded at Volume 229, Page 236, said deed records, and being a portion of Survey 135, Abstract 581, Survey 137, Abstract 579 and Survey 139, Abstract 577, said surveys named Cuadrilla Irrigation Company, Nueces County, Texas Tract 2: Being 83.287 acre tract of land, more or less, a portion of 144.3 acre First Tract and 252.688 acre Second Tract, Volume 1066, Page 140, Deed Records of said county and being a portion of the land d escribed by deed, Document No. 2009010903, Official Records of said county and all of a 10.08 acre tract described by deed recorded at Document No. 2017010862, said official records and also being a portion of Survey 135, Abstract 581, Cuadrilla Irrigation Company, Nueces County, Texas Located along the north side of Farm-to-Market Road 43, east of Digger Lane, and west of County Road 33. Zoning Request From: “OCL” Outside City Limits (Annexed as “FR” Farm Rural District) To: Tract 1:“RS-4.5” Single-Family 4.5 District Tract 2: “CN-1” Neighborhood Commercial District Area: 446.41 acres Purpose of Request: To allow for the construction of single-family homes on Tract 1 and commercial development on Tract 2. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “OCL” Outside City Limits Agricultural Planned Development North “OCL” Outside City Limits Vacant Outside City Limits South “OCL” Outside City Limits Vacant and Agricultural Planned Development East “OCL” Outside City Limits and “RS-4.5” Single-Family 4.5 Vacant and Public/Semi-Public Planned Development West “OCL” Outside City Limits Low Density Residential Planned Development Staff Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan and is planned for a planned development area. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District and “CN-1” Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 053034 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,800 feet of street frontage along Farm-to-Market 43 which is designated as an “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity of between 30,000 and 48,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Farm-to- Market (FM) 43 “A3” Primary Arterial 130’ ROW 79’ paved 100’ ROW 70’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting on a property that is currently being annexed as “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District and “CN-1” Neighborhood Commercial District. Development Plan: The subject property is 446.41 acres in size. The owner is proposing approximately 1,445 single-family residences and small commercial development along FM 43. Existing Land Uses & Zoning: The subject property is currently located outside of the City limits of Corpus Christi and is not currently zoned. As part of the annexation process, the property will be zoned “FR” Farm Rural District. To the north are properties that are also located outside of the City limits and Oso Creek. To the south and west are properties that are also located outside of the City limits and consist of vacant properties with agricultural uses and large tract single-family homes. To the east are a vacant properties that are also located outside of the City limits and the London School District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 16-inch C900 line located along FM 43. Wastewater: No wastewater access is located along the subject property. Staff Report Page 3 Gas: No gas access is located along the subject property. Storm Water: Oso Creek is located to the north of the subject property. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan and is planned for a planned development area. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District and “CN-1” Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. (Future Land Use, Zoning, and Urban Design Policy Statement 6). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • London School District is located to the east of the subject property at the intersection of County Road 33 and Farm-to-Market Road 43 (FM 43). • Large tract single-family residential subdivisions have been constructed along the FM 43 corridor and receive City water service. However, none of these subdivisions are currently served by City wastewater services and are serviced via septic tanks. Staff Recommendation: Approval of the change of zoning on property that is currently being annexed as the “FR” Farm Rural District to be rezoned to the “RS-4.5” Single-Family 4.5 District (Tract 1) and “CN-1” Neighborhood Commercial District (Tract 2). Staff Report Page 4 Planning Commission Recommendation (October 30, 2019): Denial of the change of zoning on property that is currently being annexed as the “FR” Farm Rural District to be rezoned to the “RS-4.5” Single-Family 4.5 District (Tract 1) and “CN-1” Neighborhood Commercial District (Tract 2). Public Notification Number of Notices Mailed – 42 within 200-foot notification area 1 outside notification area As of October 25, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 1 inside notification area – 0 outside notification area Totaling 0.03% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-08 Hench, Kasper, etc. (MPM)/Council Documents/Report - 1019-08 Hench, Kasper, etc1.docx Staff Report Page 5 Exhibit A Staff Report Page 6 Staff Report Page 7 City Council Presentation November 19, 2019 Voluntary Annexation & Rezoning Case #1019-08 in the London Area for King’s Landing Subdivision Tract 1: “RS-4.5” Single-Family 4.5 District Tract 2: “CN-1” Neighborhood Commercial District Background •The Texas Local Government Code Section 43.028 provides for a process that allows a property owner to petition for annexation. •On September 10th, 2019, a petition requesting annexation was received from the landowners (MPM Development, The William Earl Hensch Trust, Retta Kasper, and Corpus Christi Community Church) •Staff developed the required service plan and conducted the required public notice for annexation. •On October 30, 2019, the Planning Commission held a public hearing on the rezoning and recommended denial of the landowners’ request. •Planning Commission does not make recommendations on annexation. 2 Aerial Overview Subject Property Proposed Development Plan 4 King’s Landing Subdivision: 446 acres total 363 acres of “RS-4.5” District in yellow (1,446 dwellings) 83 acres of “CN-1” Neighborhood Commercial in red 10 acres for a church Average unit sales price estimated at $270,000 Commercial value estimated at $60/square foot FM 43 (Weber Rd)Oso Creek 5 Zoning Pattern Fiscal Impact Analysis – General Fund 6Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. Average Cost/Revenue Method: Population = 325,605 Non-Farm Empl. = 186,969 Service Population (Pop.+ ½ Jobs) = 419,090 Av. Household size = 2.7 ppl Revenue Estimate: Estimated increased property tax and sales tax revenues Per-capita estimate for other General Fund Revenues (ex. Solid Waste) Cost Estimate: Per-capita estimate for General Fund Expenditures (est. $624 per capita) Note: Not all General Fund Revenues and Expenditures projected to increase. Example: Fire Department Budget $58,484,506 / 419,090 = $139.55 per person 1,446 households x 2.7 persons per household x $139.55 = $570,151 Fiscal Impact Analysis – General Fund 7Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. (1)Rounded to the nearest $100. (2)Excludes ad valorem tax revenues that are designated for residential street reconstruction. Projected Increase in General Fund Costs & Revenues (1)BUILDOUT Projected Increase in Annual General Fund Expenditures ($2,522,000) Projected Increase In Annual Ad Valorem Tax Revenues (M&O)(2)$1,622,500 Projected Increase In Annual Sales Tax Revenues (General Fund)$223,100 Projected Annual Increase In Other General Fund Revenues $659,000 Projected Net Annual General Fund Impacts ($17,400) Increasing average housing unit value assumption to $280K results in a Positive Net Annual General Fund Impact of $47K at buildout. Staff Recommendation Approval of the requested annexation and rezoning. 8 9 Existing Land Use Future Land Use Vacant Residential Estate Medium Density Residential Public/ Semi-Public Drainage Planned Development Government Permanent Open SpaceLow Density Residential Commercial Low Density Residential Land Use N 10 Public Notification 41 Notices mailed inside 200’ buffer 1 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 11 UDC Requirements Buffer Yards: CN-1 to RS-4.5: Type B: 10 ft. & 10 pts. Setbacks: RS-4.5 CN-1 Street: 20 feet 20 feet Side/Rear: 5 feet 10 feet Parking: RS-4.5 CN-1 2 per DU Based on Use Uses Allowed: RS-4.5 Single-Family Homes, Home Occupations, Group Homes. Uses Allowed: CN-1 Retail, Office, Restaurants, Hotel, and Multifamily Uses. 12 Utilities Water: 16-inch C900 Wastewater: Not yet Available Gas: Not Available Storm Water: Oso Creek DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for the construction of a of a 112-unit senior housing community. BACKGROUND AND FINDINGS: The subject property is 1.48 acres in size and is currently zoned “RM-3” Multifamily 3 District and “ON” Neighborhood Office District. The applicant recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf Villa, located at 416 N. Chaparral Street, a 111-unit mid-rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979. The Fish Pond at Corpus Christi will be a new 112-unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that the Department of Housing and Urban Development (HUD) transfer the Section 8 Contract and relocate the residents to the new development. The property currently sits on vacant land and is currently zoned “RM-3” Multifamily 3 District and “ON” Neighborhood Office District. The Future Land Use Map designates the area for mixed use development. The proposed Planned Unit Development (PUD) will be high density. Amenities for the development will include community structures and support structures including decks, pool, and porches. Conformity to City Policy The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development is generally consistent with the with the adopted Comprehensive Plan (Plan CC). This rezoning does not have a negative impact upon the surrounding neighborhood. The subject Rezoning a property at or near 1000 Sixth Street AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 property is suitable for the uses proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 112-unit senior housing development. The proposed PUD will also facilitate the renovation of Sea Gulf Villa located downtown for reuse as an apartment building. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. Public Input Process Number of Notices Mailed 42 within 200-foot notification area 5 outside notification area As of October 5, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Totaling 3.94% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development with conditions on September 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the "RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property as Sixth Street right-of-way between Hancock Avenue and Buford Avenue, being 0.63 acre tract of land out of Lots 1-22. Block 4 and 5, Bay Terrace Addition as recorded in Volume A, Page 23, Map Records, Nueces County, Texas, and 0.38 acre tract, out of Sixth Street, as recorded in Volume A, Page 23, Map Records, Nueces County, Texas as shown in Exhibit “A”: from the "RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development The subject property is located at or near 1000 Sixth Street. Exhibit A, which is a map of the subject property with Metes and Bounds and Exhibit B, which is the Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan, are attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development granted in Section 1 of this ordinance is subject to the conditions listed below: Page 2 of 7 1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 112- unit senior housing development. 2.Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3.Time Limit: This PUD shall expire in accodance with Section 3.5.9. of the UDC.. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 7 Exhibit A Page 5 of 7 Page 6 of 7 Page 7 of 7 4501 Gollihar Road, Corpus Christi, Texas 78411 ▪ Tel 361-814-9900 ▪ Fax 361-814-4401 ▪ www.hanson-inc.com FISHPOND LIVING AT CORPUS CHRISTI PLANNED UNIT DEVELOPMENT (PUD) CORPUS CHRISTI, TEXAS OWNER FISHPOND DEVELOPMENT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. ARCHITETTURA, INC. DESIGNER: FRANK POLLACIA SEPTEMBER 2019 HANSON: 19I0047A FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 2 CONTENTS DEVELOPMENT DESCRIPTION ................................................................................................................................... 3 DEVELOPMENT LOCATION MAP ............................................................................................................................... 3 ADJACENT LAND USE AND ZONING ........................................................................................................................... 4 LOT LAYOUT .......................................................................................................................................................... 4 DEVELOPMENT DEVIATIONS .................................................................................................................................... 5 DEVELOPMENT GUIDELINES ..................................................................................................................................... 5 OPEN SPACE LAYOUT .............................................................................................................................................. 6 VEHICULAR AND PEDESTRIAN ACCESS ....................................................................................................................... 7 PARKING REQUIREMENTS ........................................................................................................................................ 7 TYPICAL CROSS SECTION ....................................................................................................................................... 11 SITE PLAN ........................................................................................................................................................... 13 FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 3 DEVELOPMENT DESCRIPTION The FishPond at Corpus Christi Planned Unit Development (PUD) is located on 1.48 acres, being a portion or all of Lots 1-11, Block 5, Lots 12-22, Block 4, Chamberlin and Ropes Bay Terrace Addition, of Volume A, Page 23, Lot 23, Block 4, Bay Terrace Addition, of Volume 56, Page 47 and all the right of way Sixth St. closed by ordinance number XXXXXX. The developers recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf, located at 416 N. Chaparral Street, a 111- unit mid-rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979, but will need a complete rehabilitation. FishPond at Corpus Christi will be a new senior living 112-unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that HUD transfer the Section 8 Contract and relocate the residents to the new Property. The property currently sits on vacant land and is currently zoned RM-3 (Residential Multifamily-3) and ON (Office). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-3/PUD. The proposed PUD will be high density. This PUD do not have any proposed balcony and limited windows will face the existing single family properties. These windows will be proposed as translucent (light goes through it but objects on the other side can't be seen clearly). DEVELOPMENT LOCATION MAP N Google Maps Imagery Date: August 2017 Development Location FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 4 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CURRENT LAND USE ZONING North of Property Hancock Ave. RM-3 South of Property Buford Ave. ON East of Property Multifamily/Commercial RM-3 & CG-2 West of Property Multifamily/Single Family RM-3 & ON LOT LAYOUT The following is the Lot Layout for the development: FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 5 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Multifamily (RM-3) Lot: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RM-3/ON) PUD REQUIREMENTS Max. Density (Units/Acre) 37 75.7 Min. Open Space (% Site Area) 30% 37% Yard Requirements (Minimum in Feet) Street – Non- Corner 20’ 20’ Street – Corner 15’ N/A Side – Single 10’ 10’ Side – Total 20’ 20’ Rear 10’ 10’ Max. Height UDC 4.5.3.C 60’ 60’ Single Family Setback UDC 4.2.8.C 1:2 Ratio = 80’ 37’ (No balcony and limited windows are translucent) Buffer Yard UDC 7.9.5.A Type A Buffer (10 feet + 5 points) 8’ Privacy Solid Fence DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: LOTT DESCRIPTION BLOCK NUMBER LOT NUMBERS Multifamily Lot 1 1 MULTIFAMILY LOT DESCRIPTION REQUIREMENTS Yard Requirements (Minimum in Feet) Street – Non-Corner 20’ Street – Corner N/A Side – Single 10’ Side – Total 20’ Rear 10’ Building Height – Maximum in Feet 4-story (shall not exceed 60’) Building Spacing – Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 6 OPEN SPACE LAYOUT The following is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (ACRE) Total Area of PUD 1.48 Total Non-Open Space (Impervious Area) 0.94 64% Total Open Space (Pervious Area) 0.54 36% FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 7 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular Access for the development is indicated below. The entrances into the development will provide a 26 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 26’ wide from the parking spaces. Additional vehicular access are not permitted. PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS PER UDC QUANTITY OF UNITS QUANTITY OF PARKING REQUIRED PER UDC QUANTITY OF PARKING PROVIDED Multifamily RM-3 1.5 per one bedroom 112 168 56 (0.5 per unit) Multifamily RM-3 Guest Parking 1 per 5 units 112 23 11 (1 per 11 unit) Office Lease/Other 2.4 per 1000 SF GFA 1 (1,308 SF) 3 4 Total: 194 71 Note: There are several reasons that justify a significally reduced parking amount as follow: · Parking can be provided anywhere within the limits of the development. · This will be a property designed for lower income seniors and the property will have a Regulatory Agreement running with the land that will restrict change in use, and thus change in demand for parking for 30 years. · Comparable senior properties with 1.5 spaces per unit do not use current capacity. See photos on next sheet. · Bus stop within 230 feet from the property limits. · The existing Sea Gulf Apartments has only 30 off-street parking spaces and they are not fully utilized (see photos on following page following page). The ratio of car ownership is 0.25. 30 out of 116 tenants own a vehicle. Document of information were provide to Development Services. The proposed development will have more than twice of the current parking spaces. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 8 COMPARABLE SENIOR PROPERTIES FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 9 Sea Gulf Villa- Corpus Christi, TX 111 units Senior FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 10 FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 11 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: Private Drive will meet IFC 2015. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 12 Cross Section A Cross Section B Multifamily structure is for illustration purposes only. Multifamily structure will vary. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 13 SITE PLAN PLANNING COMMISSION FINAL REPORT Case No. 0819-02 INFOR No. 19ZN1020 Planning Commission Hearing Date: September 18, 2019 Applicant & Legal Description Owner: Annette Berry Cottingham Applicant/Representative: Fish Pond Development, LLC. Location Address: 1000 block of Sixth Street Legal Description: Sixth Street right-of-way between Hancock Avenue and Buford Avenue, being 0.63 acre tract of land out of Lots 1-22. Block 4 and 5, Bay Terrace Addition as recorded in Volume A, Page 23, Map Records, Nueces County, Texas, and 0.38 acre tract, out of Sixth Street, as recorded in Volume A, Page 23, Map Records, Nueces County, Texas located north of Buford Avenue, south of Hancock Avenue, east of Seventh Street, and west of Fifth Street. Zoning Request From: “RM-3” Multifamily 3 District and “ON” Neighborhood Office District To: “RM-3/PUD” Multifamily 3 District with a Planned Unit Development Area: 1.48 acres Purpose of Request: To allow for the construction of a 112-unit senior housing community. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-3” Multifamily 3 Vacant Medium Density Residential North “RM-3” Multifamily 3 Medium Density Residential Mixed Use South “ON” Neighborhood Office Medium Density Residential and Public/Semi-Public Mixed Use East “RM-3” Multifamily 3, “CG-2” General Commercial, and “ON” Neighborhood Office Medium Density Residential, Professional Office, Commercial, and Public/Semi-Public Mixed Use West “RM-3” Multifamily 3 and “ON” Neighborhood Office Low and Medium Density Residential Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for mixed uses. The proposed rezoning to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development is generally consistent with the adopted Comprehensive Plan (Plan CC). Map No. 045043 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 250 feet of street frontage along Hancock Avenue which is designated as a Local/Residential Street, approximately 165 feet along Buford Avenue which is designated as a “C1” Residential Collector Street, and approximately 275 feet along Sixth Street which is designated as a Local/Residential Street and is proposed to be closed. According to the Urban Transportation Plan, “C1” Residential Collector Streets can convey a capacity of 1,000 to 3,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Hancock Avenue Local/Residential 50’ ROW 28’ paved 40’ ROW 22’ paved N/A Buford Avenue “C1” Minor Residential Collector 60’ ROW 40’ paved 60’ ROW 30’ paved N/A Sixth Street Local/Residential 50’ ROW 28’ paved To be Closed N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development to allow for the construction of a 112-unit senior housing community. Development Plan: The subject property is comprised of 1.48 acres. The developers recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf Villa, located at 416 N. Chaparral Street, a 111-unit mid-rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979. The Fish Pond at Corpus Christi will be a new 112-unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that the Department of Housing and Urban Development (HUD) transfer the Section 8 Contract and relocate the residents to the new development. The property currently sits on vacant land and is currently zoned “RM-3” Multifamily 3 District and “ON” Neighborhood Office District. The Future Land Use Map designates the area for mixed use development. The proposed Planned Unit Development (PUD) will be high density. Amenities for the development will include community structures and support structures including decks, pool, and porches. None of the proposed amenities will protrude into the required yards or easements. This PUD does not have any proposed balconies and limited windows that will face the existing single-family neighborhood to the west. These windows will be proposed as translucent (light goes through it but objects on the other side can't be seen clearly). This PUD is designed for lower income seniors and the property will have a Regulatory Agreement running with the land that will restrict the change in use. Staff Report Page 3 The entrances into the development will provide a 26 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 26’ wide from the parking spaces. As part of the PUD submittal, the applicant is requesting a reduction of the required number of off-street parking spaces. The current development (Sea Gulf Villa) was surveyed to determine private vehicle ownership. Of the 116 tenants, only 30 tenants own private vehicles. Therefore, the provided 71 off- street parking spaces will adequately serve the housing complex. Recently, Development Services Department staff have granted alternative parking plans to reduce off-street parking requirements as the Unified Development Code (UDC) does not address parking requirements for senior housing. Comparable senior properties with 1.5 spaces per unit do not use current capacity. Additionally, a Regional Transportation Authority (RTA) bus stop is located approximately 230 feet to the east of the property along Santa Fe Street. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the “RM-3” Multifamily 3 District and the proposed Planned Unit Development (PUD) and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions “RM-3” District Standards Proposed PUD Deviation Maximum Density 36 Units per Acre 75 Units per Acre Yes Minimum Open Space 30% 37% No Minimum Front Setback 20 ft. 20 ft. No Minimum Street Corner 15 ft. 15 ft. No Minimum Side Yard 10 ft. 10 ft. No Minimum Rear Yard 10 ft. 10 ft. No Maximum Height 60 ft. 60 ft. No Building Setback (1:2 Ratio) (UDC 4.2.8.C) 80 ft. 37 ft. (No Balcony or Window Visibility) Yes Zoning District Buffer Yard (UDC 7.9.5.A) Type A Buffer (10 ft. and 5 points) 8 ft. Solid Fence Yes Off-Street Parking (Multifamily Residential) 194 71 Yes Existing Land Uses & Zoning: The subject property is currently zoned “RM-3” Multifamily 3 District and is vacant land. The properties consist of former single-family residences along Sixth Street. To the south are properties zoned “ON” Neighborhood Office District and are comprised of single-family residences and a professional office use. To the north are properties zoned “RM-3” Multifamily 3 District and consist of single and multifamily properties. To the west are properties zoned “RM-3” Multifamily 3 District and “ON” Neighborhood Office District. The properties consist of single and multifamily residences. To the east are properties zoned “ON” Neighborhood Office District, “RM-3” Multifamily 3 District, and “CG-2” General Commercial District. The properties consist of multifamily and professional office uses. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Staff Report Page 4 Plat Status: The property is not platted. Utilities: Water: 6-inch ACP line located along Hancock Avenue. Wastewater: 6-inch VCP line located along Hancock Avenue. Gas: 2-inch Service Line located along Hancock Avenue. Storm Water: Road side inlets located along Hancock Avenue. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development is generally consistent with the with the adopted Comprehensive Plan (Plan CC). The following policies of Plan CC should be considered: • Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. (Housing and Neighborhoods Policy Statement 2). • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is generally compatible with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 112-unit senior housing development. The proposed PUD will also facilitate the renovation of Sea Gulf Villa located downtown for reuse as an apartment building. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable. Staff Report Page 5 Planning Commission and Staff Recommendation (September 18, 2019): Approval of the change of zoning from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 112- unit senior housing development. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification Number of Notices Mailed – 42 within 200-foot notification area 5 outside notification area As of September 13, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 3.94% of the land within the 200-foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Planned Unit Development (PUD) Guidelines and Master Site Plan 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0819-02 Fish Pond Development, LLC\PC Documents\PC Report_0819-02 Fish Pond Development, LLC.docx Staff Report Page 6 4501 Gollihar Road, Corpus Christi, Texas 78411 ▪ Tel 361-814-9900 ▪ Fax 361-814-4401 ▪ www.hanson-inc.com FISHPOND LIVING AT CORPUS CHRISTI PLANNED UNIT DEVELOPMENT (PUD) CORPUS CHRISTI, TEXAS OWNER FISHPOND DEVELOPMENT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. ARCHITETTURA, INC. DESIGNER: FRANK POLLACIA SEPTEMBER 2019 HANSON: 19I0047A FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 2 CONTENTS DEVELOPMENT DESCRIPTION ................................................................................................................................... 3 DEVELOPMENT LOCATION MAP ............................................................................................................................... 3 ADJACENT LAND USE AND ZONING ........................................................................................................................... 4 LOT LAYOUT .......................................................................................................................................................... 4 DEVELOPMENT DEVIATIONS .................................................................................................................................... 5 DEVELOPMENT GUIDELINES ..................................................................................................................................... 5 OPEN SPACE LAYOUT .............................................................................................................................................. 6 VEHICULAR AND PEDESTRIAN ACCESS ....................................................................................................................... 7 PARKING REQUIREMENTS ........................................................................................................................................ 7 TYPICAL CROSS SECTION ....................................................................................................................................... 11 SITE PLAN ........................................................................................................................................................... 13 FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 3 DEVELOPMENT DESCRIPTION The FishPond at Corpus Christi Planned Unit Development (PUD) is located on 1.48 acres, being a portion or all of Lots 1-11, Block 5, Lots 12-22, Block 4, Chamberlin and Ropes Bay Terrace Addition, of Volume A, Page 23, Lot 23, Block 4, Bay Terrace Addition, of Volume 56, Page 47 and all the right of way Sixth St. closed by ordinance number XXXXXX. The developers recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf, located at 416 N. Chaparral Street, a 111- unit mid-rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979, but will need a complete rehabilitation. FishPond at Corpus Christi will be a new senior living 112-unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that HUD transfer the Section 8 Contract and relocate the residents to the new Property. The property currently sits on vacant land and is currently zoned RM-3 (Residential Multifamily-3) and ON (Office). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-3/PUD. The proposed PUD will be high density. This PUD do not have any proposed balcony and limited windows will face the existing single family properties. These windows will be proposed as translucent (light goes through it but objects on the other side can't be seen clearly). DEVELOPMENT LOCATION MAP N Google Maps Imagery Date: August 2017 Development Location FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 4 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CURRENT LAND USE ZONING North of Property Hancock Ave. RM-3 South of Property Buford Ave. ON East of Property Multifamily/Commercial RM-3 & CG-2 West of Property Multifamily/Single Family RM-3 & ON LOT LAYOUT The following is the Lot Layout for the development: FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 5 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Multifamily (RM-3) Lot: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RM-3/ON) PUD REQUIREMENTS Max. Density (Units/Acre) 37 75.7 Min. Open Space (% Site Area) 30% 37% Yard Requirements (Minimum in Feet) Street – Non- Corner 20’ 20’ Street – Corner 15’ N/A Side – Single 10’ 10’ Side – Total 20’ 20’ Rear 10’ 10’ Max. Height UDC 4.5.3.C 60’ 60’ Single Family Setback UDC 4.2.8.C 1:2 Ratio = 80’ 37’ (No balcony and limited windows are translucent) Buffer Yard UDC 7.9.5.A Type A Buffer (10 feet + 5 points) 8’ Privacy Solid Fence DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: LOTT DESCRIPTION BLOCK NUMBER LOT NUMBERS Multifamily Lot 1 1 MULTIFAMILY LOT DESCRIPTION REQUIREMENTS Yard Requirements (Minimum in Feet) Street – Non-Corner 20’ Street – Corner N/A Side – Single 10’ Side – Total 20’ Rear 10’ Building Height – Maximum in Feet 4-story (shall not exceed 60’) Building Spacing – Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 6 OPEN SPACE LAYOUT The following is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (ACRE) Total Area of PUD 1.48 Total Non-Open Space (Impervious Area) 0.94 64% Total Open Space (Pervious Area) 0.54 36% FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 7 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular Access for the development is indicated below. The entrances into the development will provide a 26 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 26’ wide from the parking spaces. Additional vehicular access are not permitted. PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS PER UDC QUANTITY OF UNITS QUANTITY OF PARKING REQUIRED PER UDC QUANTITY OF PARKING PROVIDED Multifamily RM-3 1.5 per one bedroom 112 168 56 (0.5 per unit) Multifamily RM-3 Guest Parking 1 per 5 units 112 23 11 (1 per 11 unit) Office Lease/Other 2.4 per 1000 SF GFA 1 (1,308 SF) 3 4 Total: 194 71 Note: There are several reasons that justify a significally reduced parking amount as follow: · Parking can be provided anywhere within the limits of the development. · This will be a property designed for lower income seniors and the property will have a Regulatory Agreement running with the land that will restrict change in use, and thus change in demand for parking for 30 years. · Comparable senior properties with 1.5 spaces per unit do not use current capacity. See photos on next sheet. · Bus stop within 230 feet from the property limits. · The existing Sea Gulf Apartments has only 30 off-street parking spaces and they are not fully utilized (see photos on following page following page). The ratio of car ownership is 0.25. 30 out of 116 tenants own a vehicle. Document of information were provide to Development Services. The proposed development will have more than twice of the current parking spaces. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 8 COMPARABLE SENIOR PROPERTIES FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 9 Sea Gulf Villa- Corpus Christi, TX 111 units Senior FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 10 FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 11 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: Private Drive will meet IFC 2015. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 12 Cross Section A Cross Section B Multifamily structure is for illustration purposes only. Multifamily structure will vary. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 13 SITE PLAN City Council November 19, 2019 Zoning Case #0819-02 Fish Pond Development, LLC. Rezoning for a Property at 1000 Block of 6th Street From “RM-3” and “ON” To “RM-3/PUD” 2 Aerial Overview 3 N 4.62 Acre Remainder Subject Property at 1000 6th Street 4 Zoning Pattern 5 Deviation Table Minimum Dimensions “RM-3” District Standards Proposed PUD Deviation Maximum Density 36 Units per Acre 75 Units per Acre Yes Minimum Open Space 30%37%No Minimum Front Setback 20 ft. 20 ft.No Minimum Street Corner 15 ft.15 ft.No Minimum Side Yard 10 ft.10 ft.No Minimum Rear Yard 10 ft.10 ft.No Maximum Height 60 ft.60 ft.No Building Setback (1:2 Ratio) (UDC 4.2.8.C)80 ft. 37 ft. (No Balcony or Window Visibility) Yes Zoning District Buffer Yard (UDC 7.9.5.A) Type A Buffer (10 ft. and 5 points)8 ft. Solid Fence Yes Off-Street Parking (Multifamily Residential)194 71 Yes 6 Master Site Plan 7 Planning Commission and Staff Recommendation Approval of the change of zoning to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development. 8 PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 112- unit senior housing development. 2. Other Requirements:The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). 9 Public Notification 42 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 2 (3.94%) In Favor: 0 (0%) XX 10 UDC Requirements Buffer Yards: RM-3 to ON: Type A: 10’ and 5 points RM-3 to CG-2: Type A: 10’ and 5 points Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height) Parking: 1 BR – 1.5 spaces/unit 2 BR – 2 spaces/unit 1 space/ 5 units – Visitors Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family Homes, Duplexes, Apartments, and Day Care Uses. 11 Utilities Water: 6-inch ACP Wastewater: 6-inch VCP Gas: 2-inch Service Line Storm Water: Road Side Inlets DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. SUMMARY: The purpose of the zoning request is to amend the development guidelines of a Planned Unit Development (PUD) to allow for short-term rentals and taller structures. BACKGROUND AND FINDINGS: The subject property is 2.35 acres in size. The applicant is proposing a gated community that will consist of twenty-seven (27) attached single-family units or townhouses with one common area (Lot 28). The density proposed is approximately 11.49 units per acre. The twenty-seven lots will have a minimum area of 1,400 square feet and the minimum width indicated is 16 feet. Vehicular access will be provided by a single 24-foot wide two-way private access drive. Pedestrian access will be provided by a combination of an existing 4-5 foot sidewalk and proposed 3, 4, and 6 foot sidewalks. The common area amenities include a pool and related structures. A total of 73 parking spaces are to be provided compared to 60 required parking spaces. The development proposes to maintain the 30% open space requirement. Conformity to City Policy The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for Medium Density Residential uses. The proposed amendment to the development guidelines of the Planned Unit Development (PUD) is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. The two amendments requested by the applicant are in regards to allowing for short term rentals and the removal of the building height limitation. Short term rentals are a common feature among planned unit developments on Padre Island. Short term rentals are similar to overnight accommodation uses which are also allowed in the “RM-AT” District by-right. The applicant is also requesting the removal of the height limitation to give design flexibility. The development will remain single-family townhouse Rezoning a property at or near 14836 Granada Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 development. If the applicant chooses to deviate from the townhome style of development the variance from the maximum height requirements will be voided. Public Input Process Number of Notices Mailed 55 within 200-foot notification area 5 outside notification area As of October 1, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the amendments to the development guidelines of the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with the following conditions on September 18, 2019 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2. Building Height: The maximum height of any structure on the Property is 60 feet. 3. Rental Period: Units may be rented for daily, weekly, and monthly time periods. ALTERNATIVES: 1. Denial of the change of the amendments to the development guidelines of the “RM- AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the amendments to the development of the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. Planning Commission recommended approval of the amendments to the development of the “RM- AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with conditions with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by amending the conditions of the Planned Unit Development for the subject property, Lots 33 and 38, Block 1, Section D, Padre Island-Corpus Christi and Lot 34R, Villas of Padre as shown in Exhibit “1”. The subject property is located at or near 14836 Granada Drive. Ordinance 031071 (Exhibit 2)adopted “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development for the subject property. Exhibit B of Ordinance 031071 is repealed and replaced by Exhibit 3. Section 2 of Ordinance 031071 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: SECTION 2. The Special Permit Planned Unit Development granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: Page 2 of 5 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 60 feet. 4.) Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6.) Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The 2-way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. 11.) Rental Period: Units may be rented for daily, weekly, and monthly time periods. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 3 of 5 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 4 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 5 of 5 Exhibit 1 Ordinance amending the Unified Development Code ("UDC"), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in reference to Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RM- AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of SuperElite, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 11, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay, and on Tuesday, February 14, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by SuperElite, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive (the "Property"), from the "RM-AT/I0" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay(Zoning Map No. 028026), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is The Villas Planned Unit Development(PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 031071. INDEXED Exhibit 2 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6.) Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The 2-way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The 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. Page 2 of 3 That the foregoing or I nce was Kead for the first time and passed to its second reading on this the Jay of kYy>-(GLt2(, 017, by the following vote: Mayor J(1,' Ben M ina L 2 , Rudy Garza at. ' Lucy Rubio r i/ Paulette Guajardo A/Greg Smith Michael Hunter W`. Carolyn Vaughn, i Joe McComb OP That th fobggoing ordin.nce was read for the second time and passed finally on this the A1 day of a41' , !,017, by the following vote: Mayor V tLL4*..f Ben Molina 42_, Rudy Garza a A! Lucy Rubio 4_ 61LitPaulette Guajardo 0, 41, 1/I Greg Smith Michael Hunter I _ A!Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the ia, *day 2017. ATTEST: Pc_ a-C-(1 11 ,C\ LAc Artr, Rebecca Huerta Mayor City Secretary EFFECTIVE DATE 14-1-1-- Ordinance_0117-01 P I ' perElite, LLC.SupE I la,1I®.7 j Page 3 of 3 1 1 1 SUBJECT PROPERTY c R- 2 W 44, 0- 4• a N 4:,44'iNfrGRq Rs - sIoreCream•:1 1- 0160400IPreparediBy:Je/emyMr- rtment of Developfieni SeryIces i eCASE: 0117-01 SUBJECT PROPERTY WITH ZONING j Subject a Property v SUBJECT RM-1 Multifamily t IL Light Industrial I PROPERTY RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 8 4`CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family WHITECAP CR-1 Resort Commercial RS-15 Single-Family15 i' iiCR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH TownhouseiiCG-2 General Commercial Sp Special Permit N Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial W.cRMHManufacturedHome F CR-3 Resort Commercial CiFRFarmRuralciCo usCousHHistoricOverlayMapScale: 1:2,400BPBusinessPark LOCATION MAP Christi Q. The Villas Planned Unit Development PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: December 6, 2016 LIEURBAN ENGINEERING TBPE Firm#145 TBPLS Firm#10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361)854-6001 The Villas Planned Unit Development PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re-development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re-plat of the property will encompass Lots 33 and 38, Block 1, Padre Island — Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re-development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: 4, 0444ti 44 SPI f°"•n Fry o Adjacent Land Use and Zoning Adjacent Land Use/Zoning: North — Vacant and Canal/RM—AT/10 South — Vacant/RM—AT/I0 East — Vacant and Canal/RM—AT/10 West — Vacant/RM—AT/10 Legend: Planned Unit Development PUD) Boundary hi El Common Area Lot Residential Building Lot Private Access and Utility Easement Lot 1 ti Lot 2 90f0' C Lot 3 ho, cs),, Lot 4 Lot 5 Lot 6 Lot 26 Lot 27 Lot 29 Lot 7 9Lot s Lot 25 Lot 24 G. Lot 23 s its r its qtr Lot 10 n Lot 21 Lot 11 Lot 20 Lot 19 Lot 18 Lot 13 ao Lot 17 AIpi/Lot 1. Logout Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area—20,000sf Shared Parking(Townhouse)—1,600sf Minimum Dwelling Width(Shared parking)—16' Minimum Street Yard—10' Minimum Street Yard(Corner)—10' Minimum Side Yard—0' Minimum Side Yard(Total)—0' Minimum Rear Yard—5' Minimum building separation—10' Minimum Open Space—30% Maximum Height—45' Required Parking: 1. 5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type—6"Curb and Gutter Sidewalks—5'on each side Paved Street Width—28' PUD Requirements Minimum Site Area—102,337sf provided Shared Parking(Townhouse)—1,400sf Minimum Dwelling Width(Shared parking)—16' Minimum Street Yard—0' Minimum Street Yard(Corner)—0' Minimum Side Yard—0' Minimum Side Yard(Total)—0' Minimum Rear Yard—5' Minimum building separation—0' Minimum Open Space—32%provided Maximum Height—45'(Actual 35') Required Parking: 1.5 per 1 bedroom—0 required 2 per 2 bedroom-54 required/54 provided (garages) 1/5 per guest—5.4 or 6 required—19 provided 9 additional golf cart spaces provided Curb Type—None Sidewalks—combination of existing 4'and 5'wide sidewalks and proposed 3',4'and 6'walks Paved Street Width—24'minimum Development Guidelines For Residential Lots Lots 1 through 27) Use—Single Family Residential (Townhomes) Lot Area—Minimum 1,400sf Lot Width—22' minimum 27' maximum Yard Requirements: Street: 10' along Granada Drive (except for wall),0' along Private Access Street corner:0' Side Yard:0' Maximum building Height:45' Minimum Building Spacing: 0' Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement,fencing, landscaping, etc. Placement of Improvements:Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed. Four day minimum Development Guidelines For Common Area Lots Lot 28) Use—Non-residential Structures for enjoyment and benefit of The Villas community Lot Area—N/A Lot Width—N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height:Single Story Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements:Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement Lot 29) Use—Non-residential Structures for enjoyment and benefit of The Villas community Lot Area—N/A Lot Width—N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement,fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. Legend: Planned Unit Development PUD) Boundary P 4-? H. Common Area Residential Building Area S25 Street Pavement Sidewalk t••••• i 0LandscapeArea 4% of 1III‘\/\ ‘ 13)\ 11II11, 7 4P41* 4r s • 111( \ : 1110, i la lk 0 • (0400. 6 w:/, Mr" '- 4114*,* II!• 4,,,ittiali". 1 NI110, Ook o,) odit/0 Vehicular and Pedestrian Accesa Vehicular Access will be provided via a private two—way access drive. The access drive will vary in width and will be at a minimum, 24' from edge of pavement to edge of pavement. Pedestrian Access will be provided via a combination of existing 4' and 5' wide sidewalks, and proposed 3', 4', and 6' wide sidewalks as shown. 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N 8 PUBLISHER'S AFFIDAVIT State of Texas CITY OF CORPUS CHRISTI County of Nueces Ad # 1459960 PO # Cl r/ In Before me, the undersigned, a Notary Public, this day personally came coLi c / , who being first duly sworn, according to lave, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval. Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy. was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 01/29/17 Sun CC-Internet - caller.com 01/29 7 Sun LEGAL SALES REPRESENTATIVE On this day of61'- C-A...t , 20 , I certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas MICHELLE JOYCE CABRERA I My Notary ID#124864183 Exp res March 19.2020 Caller-Times Sunday,January 29,2017 SE Legals Legals NOTICE OF PUBLIC HEARING TO CONSIDER RE-ZONING APPLICATION(S)IN THE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on February 14,2017 during a regular Council meeting which commences at 11:30 a.m. in the Coun- cil Chambers, City Hall, and 1201 Leopard Street,to con- sider the following zoning application which is/are on file in the Department of Development Services. At said time&place of hearing, persons&parties interested may appear before the City Council: Case No. 0117-01 SuperElite, LLC: From the "RM-AT/10: Multifamily AT District with Island Overlay to the "RM- AT/10/PUD: Multifamily AT District with an Island Over- lay and Planned Unit Devel- opment Overlay.The proper- ty to be rezoned is described as Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Vil- las of Padre lot 34R, locat- ed on the northeast side of Granada Drive and west of Leeward Drive. Case No. 0117- 05 George Tin- tera and Ping Jung Tintera: A change of zoning from the FR" Farm Rural District to the "CG-2" General Com- mercial District.The proper- ty to be rezoned is described as a 1.776 acre tract of land of a portion of Wade River- side Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. Informa- tion may be obtained by call- ing or visiting the Depart- ment of Development Ser- vices at(361)826-3240,2406 Leopard Street. s/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT State of Texas CITY OF CORPUS CHRISTI County of Nueces Ad# 1501184 PO # Before me,the undersigned, a Notary Public, this day personally came 'l.Lei CA-400 who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 02/27/17 Mon CC-Internet - caller.com 02/27/17 Mon 1 LEGAL SALES REPRESENTATIVE On this b day of 20 n I certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas MICHELLE JOYCE CABRERA My Notary ID#124864183 Exp'res March 19.2020 Caller-Times Monday,February 27,2017 3E Legals NOTICE ORDINANCE(S) GE OF NO.031070,Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by George Tintera and Ping Jung Tintera ("Own- ers"), by changing the UDC Zoning Map in reference to a 1.776 acre tract of land of a portion of Wade Riverside Subdivision,Section 4,from the"FR" Farm Rural District to the "CG-2" General Com- mercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. NO. 031071, Ordinance amending the Unified Devel- opment Code("UDC"), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in ref- erence to Padre Island-Cor- pus Christi,Section D,Block 1, Lots 33 and 38, and the Villas of Padre lot 34R,from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM- AT/IO/ PUD"Multifamily AT District with an Island Overlay and Planned Unit Development Overlay;amending the Com- prehensive Plan to account for any deviations; and pro- viding for a repealer clause and publication.These ordi- nances were passed and approved on second reading by the Corpus Christi CityCouncilonFebruary21,2017. 5/Rebecca Huerta City Secretary The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: August 7, 2019 TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Exhibit 3 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re-development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re-plat of the property will encompass Lots 33 and 38, Block 1, Padre Island – Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re-development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area – 20,000sf Shared Parking (Townhouse) – 1,600sf Minimum Dwelling Width (Shared parking) – 16’ Minimum Street Yard – 10’ Minimum Street Yard (Corner) – 10’ Minimum Side Yard – 0’ Minimum Side Yard (Total) – 0’ Minimum Rear Yard – 5’ Minimum building separation – 10’ Minimum Open Space – 30% Maximum Height – 45’ Required Parking: 1.5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type – 6” Curb and Gutter Sidewalks – 5’ on each side Paved Street Width – 28’ PUD Requirements Minimum Site Area – 102,337sf provided Shared Parking (Townhouse) – 1,400sf Minimum Dwelling Width (Shared parking) – 16’ Minimum Street Yard – 0’ Minimum Street Yard (Corner) – 0’ Minimum Side Yard – 0’ Minimum Side Yard (Total) – 0’ Minimum Rear Yard – 5’ Minimum building separation – 0’ Minimum Open Space – 32% provided Maximum Height – None Required Parking: 1.5 per 1 bedroom – 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest – 5.4 or 6 required – 19 provided 9 additional golf cart spaces provided Curb Type – None Sidewalks – combination of existing 4’ and 5’ wide sidewalks and proposed 3’, 4’ and 6’ walks Paved Street Width – 24’ minimum Development Guidelines For Residential Lots (Lots 1 through 27) Use – Single Family Residential (Townhomes) Lot Area – Minimum 1,400sf Lot Width – 22’ minimum 27’ maximum Yard Requirements: Street: 10’ along Granada Drive (except for wall), 0’ along Private Access Street corner: 0’ Side Yard: 0’ Maximum building Height: None Minimum Building Spacing: 0’ Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed Development Guidelines For Common Area Lots (Lot 28) Use – Non-residential Structures for enjoyment and benefit of The Villas community Lot Area – N/A Lot Width – N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement (Lot 29) Use – Non-residential Structures for enjoyment and benefit of The Villas community Lot Area – N/A Lot Width – N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement, fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. Required Parking: 1.5 per 1 bedroom - 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest - 5.4 or 6 required - 19 provided 9 additional golf cart spaces provided The Villas PUDMaster Site Plan for The Villas PUDDevelopment Plan for Utility Plan - Sanitary Utility Plan - Storm Utility Plan - Water Utility Plan - Proposed Lighting PLANNING COMMISSION FINAL REPORT Case No. 0819-03 (0117-01) INFOR No. 16ZN10000040 Planning Commission Hearing Date: September 18, 2019 Applicant & Legal Description Owner: SuperElite, LLC. Applicant/Representative: Urban Engineering Legal Description/Location: Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. Zoning Request Request: An amending the development guidelines of a Planned Unit Development (PUD) of a property zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. Area: 2.35 acres Purpose of Request: To amend the development guidelines of a Planned Unit Development (PUD) to allow for short-term rentals and taller structures. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-AT/IO/PUD” Multifamily AT with the Island Overlay and a Planned Unit Development Medium Density Residential and Vacant Multifamily Residential North “RM-AT/IO” Multifamily AT with an Island Overlay Water Water South “RM-AT/IO” Multifamily AT with an Island Overlay Medium Density Residential and Vacant Multifamily Residential East “RM-AT/IO” Multifamily AT with an Island Overlay Vacant Multifamily Residential West “RM-AT/IO” Multifamily AT with an Island Overlay Medium Density Residential and Vacant Multifamily Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang Padre Island Area Development Plan and is planned for Multifamily Residential uses. The proposed amendment to the development guidelines of a Planned Unit Development (PUD) currently zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang Padre Island Area Development Plan. Map No.: 028026 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 392 feet of street frontage along Granada Drive which is designated as Local/Residential Street. According to the Urban Transportation Plan, Local/Residential Streets can convey a capacity up to 500 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Granada Drive Local/Residential 50’ ROW 28’ paved 60’ ROW 37’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning to amend the development guidelines of a Planned Unit Development (PUD) currently zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development to allow the development a 27-unit single-family development. Development Plan: The subject property is comprised of 2.35 acres and is proposed to be developed into a gated community that will consist of twenty-seven (27) attached single-family units or townhouses with one common area (Lot 28). The density proposed is approximately 11.49 units per acre. The twenty-seven lots will have a minimum area of 1,400 square feet and the minimum width indicated is 16 feet. Vehicular access will be provided by a single 24-foot wide two-way private access drive. Pedestrian access will be provided by a combination of an existing 4-5 foot sidewalk and proposed 3, 4, and 6 foot sidewalks. The common area amenities include a pool and related structures. A total of 73 parking spaces are to be provided compared to 60 required parking spaces. The development proposes to maintain the 30% open space requirement. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 8-inch ACP line located along Granada Drive. Wastewater: 8-inch VCP line located along Granada Drive. Gas: 2-inch Service Line located along Granada Drive. Storm Water: Road inlets located along Granada Drive. Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Staff Report Page 3 • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The two amendments requested by the applicant are in regards to allowing for short term rentals and the removal of the building height limitation. • Short term rentals are a common feature among planned unit developments on Padre Island. Short term rentals are similar to overnight accommodation uses which are also allowed in the “RM-AT” District by-right. • The applicant is also requesting the removal of the height limitation to give design flexibility. The development will remain single-family townhouse development. If the applicant chooses to deviate from the townhome style of development the variance from the maximum height requirements will be voided. Planning Commission and Staff Recommendation (September 18, 2019): Approval of the amendments to the development guidelines of the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2. Building Height: The maximum height of any structure on the Property is 60 feet. 3. Rental Period: Units may be rented for daily, weekly, and monthly time periods. Public Notification Number of Notices Mailed – 55 within 200-foot notification area 5 outside notification area As of September 13, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Ordinance #031371 C. Revised Planned Unit Development Guidelines (The Villas) D. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/0819-03 (0117-01) SuperElite, LLC/Council Documents/Report - SuperElite, LLC.docx Staff Report Page 4 Staff Report Page 5 Staff Report Page 6 Staff Report Page 7 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: August 7, 2019 TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re-development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re-plat of the property will encompass Lots 33 and 38, Block 1, Padre Island – Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re-development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area – 20,000sf Shared Parking (Townhouse) – 1,600sf Minimum Dwelling Width (Shared parking) – 16’ Minimum Street Yard – 10’ Minimum Street Yard (Corner) – 10’ Minimum Side Yard – 0’ Minimum Side Yard (Total) – 0’ Minimum Rear Yard – 5’ Minimum building separation – 10’ Minimum Open Space – 30% Maximum Height – 45’ Required Parking: 1.5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type – 6” Curb and Gutter Sidewalks – 5’ on each side Paved Street Width – 28’ PUD Requirements Minimum Site Area – 102,337sf provided Shared Parking (Townhouse) – 1,400sf Minimum Dwelling Width (Shared parking) – 16’ Minimum Street Yard – 0’ Minimum Street Yard (Corner) – 0’ Minimum Side Yard – 0’ Minimum Side Yard (Total) – 0’ Minimum Rear Yard – 5’ Minimum building separation – 0’ Minimum Open Space – 32% provided Maximum Height – None Required Parking: 1.5 per 1 bedroom – 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest – 5.4 or 6 required – 19 provided 9 additional golf cart spaces provided Curb Type – None Sidewalks – combination of existing 4’ and 5’ wide sidewalks and proposed 3’, 4’ and 6’ walks Paved Street Width – 24’ minimum Development Guidelines For Residential Lots (Lots 1 through 27) Use – Single Family Residential (Townhomes) Lot Area – Minimum 1,400sf Lot Width – 22’ minimum 27’ maximum Yard Requirements: Street: 10’ along Granada Drive (except for wall), 0’ along Private Access Street corner: 0’ Side Yard: 0’ Maximum building Height: None Minimum Building Spacing: 0’ Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed Development Guidelines For Common Area Lots (Lot 28) Use – Non-residential Structures for enjoyment and benefit of The Villas community Lot Area – N/A Lot Width – N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement (Lot 29) Use – Non-residential Structures for enjoyment and benefit of The Villas community Lot Area – N/A Lot Width – N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement, fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. Required Parking: 1.5 per 1 bedroom - 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest - 5.4 or 6 required - 19 provided 9 additional golf cart spaces provided The Villas PUDMaster Site Plan for The Villas PUDDevelopment Plan for Utility Plan - Sanitary Utility Plan - Storm Utility Plan - Water Utility Plan - Proposed Lighting City Council November 19, 2019 Zoning Case #0819-03 (0117-01) SuperElite, LLC. Amendment of a PUD for a Property at 14836 Granada Drive 2 Aerial Overview Subject Property at 14836 Granada Drive 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Deviation Table Minimum Dimensions “RM-AT” District Standards “RS-TH” District Standards Proposed PUD Deviation Lot Area 5,000 sf.1,600 sf.1,400 sf.Yes Minimum Lot Width 50 ft.16 ft.16 ft.No Front Yard 20 ft.10 ft.0 ft.Yes Side Yard 5 ft.0 ft.0 ft.No Rear Yard 5 ft.5 ft.5 ft.No Building Separation N/A 10 ft.0 ft.Yes Open Space 25%30%32%No Maximum Height Varies 45 ft.60 ft.Yes Paved Street Width 28 ft.28 ft.24 ft.Yes Curb Type 6-in. curb & gutter 6-in. curb & gutter None Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 2/ unit (2 bedroom) 1/5 units (guests)No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. on both sides or 6 ft. on both sides of private streets Combination of existing sidewalks and 3, 4, and 5 foot sidewalks Yes 6 Master Site Plan 7 Planning Commission and Staff Recommendation Approval of the amendment to the design guidelines of the Planned Unit Development • Allowance of Short Term Rentals • Increasing the height limitation to 60-feet 8 Public Notification 55 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 9 UDC Requirements Buffer Yards: N/A Setbacks: As per PUD Parking: 2 spaces per unit Uses Allowed: Single-Family Residential, Multifamily, Cottages, Day Care, and Overnight Accommodations 10 Utilities Water: 8-inch ACP Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: Road Side inlets DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS-4.5” Single-Family 4.5 District to the “RS-4.5/PUD” Single- Family 4.5 District with a Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for the construction of 36 single-family homes. BACKGROUND AND FINDINGS: The subject property is 5.77 acres in size. The applicant is proposing thirty-six single-family lots within the Planned Unit Development (PUD). The density proposed is approximately 6 units per acre. The 36 lots will range in area between 4,267 and 8,493 square feet in size. Based on the reduced lot size, applicant is requesting to have six lots per acre instead of the required minimum of seven lots per acre. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development is consistent with the adopted Southside ADP and the Comprehensive Plan (Plan CC). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. The subject property is suitable for the uses proposed by this rezoning. This PUD utilizes decreased lot sizes and right-of-way width, while still observing minimum street pavement widths, maximum building heights, parking requirements, and open space requirements. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. Public Input Process Number of Notices Mailed Rezoning a property at or near 6810 Bison Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 16 within 200-foot notification area 5 outside notification area As of October 2, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 15 inside notification area 0 outside notification area Totaling 13.93% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RS-4.5” Single- Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development with conditions on September 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-4.5” Single-Family 4.5 District to the “RS- 4.5/PUD” Single-Family 4.5 District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-4.5” Single- Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development with conditions with the following vote count: Vote Count: For: 8 Opposed: 1 Absent: 0 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS-4.5” Single-Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property as being 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas as shown in Exhibit “A”: the "RS-4.5” Single-Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development The subject property is located at or near 6810 Bison Drive. Exhibit A, which is the Metes and Bounds of the subject property and Exhibit B which is are the Crosswind Estates Unit 2 Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: Page 2 of 5 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Crosswind Estates Unit 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 36 single-family residences. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). 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 including the penalties for violations as made and provided for in Article 10 of the UDC. 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas Owner/Developer MPM DEVELOPMENT, LP P.O. BOX 331308 CORPUS CHRISTI, TX 78463 774-3832 Submitted by: BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 October 9, 2019 Page 1 of 1 CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas DEVELOPMENT DESCRIPTION: Crosswind Estates Unit 2, a Planned Unit Development (PUD) is a proposed single family residential development. The developer is proposing 36 single family residential lots and one 0.084 acre linear park that will be completed in a single phase. The developer is requesting a change of zoning from RS-4.5 to RS- 4.5/PUD to allow deviations from the Unified Development Code. Deviations will include a sidewalk on one side of the streets only, 40' wide street rights-of-way, variable width street right-of-way of 43.5’ to 46’, 16.5' front yard setbacks, minimum lot size of 4,267 square feet, minimum lot width of 45'. This development will complement existing developments in the area. LOCATION MAP – See Exhibit 1 attached METES AND BOUNDS PROPERTY DESCRIPTION AND SKETCH FOR REZONING – See attached Exhibits “2” and “3”. PROPOSED MASTER SITE PLAN AND PLAT – See Exhibit 4 DEED – See Exhibit 5 UDC – PUD COMPARISON LOTS DESCRIPTION UDC-ZONING/PLATTING ORDINANCE REQUIREMENTS (RS 4.5) PUD REQUIREMENTS MINIMUM LOT AREA 4500 SF 4267 SF MINIMUM LOT WIDTH 45 FT 45 FT MINIMUM FRONT YARD 20 FT 16.5 FT MINIMUM SIDE YARD (CORNER) 10 FT (WHEN BACK-TO-BACK W/ANOTHER CORNER LOT (UDC 4.2.8)) 20 FT (ALL OTHER CORNER LOTS) 10 FT MINIMUM SIDE YARD 5 FT 5 FT MINIMUM REAR YARD 5 FT 5 FT MINIMUM OPEN SPACE 30% 30% MAXIMUM HEIGHT 35 FT 35 FT REQUIRED PARKING (OFF STREET) 2 PER ACRE 2 PER UNIT BILL WITT DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 8 FT ON ONE SIDE PAVED STREET WIDTH 40 FT BB 40 FT BB ROW WIDTH 60 FT VARIES 43.5' TO 46' AIRKING DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 5 FT ON ONE SIDE PAVED STREET WIDTH 28 FT BB 28 FT BB ROW WIDTH 50 FT 40 FT Amenities to include: Sidewalk Neighborhood Entry landscaping Lower traffic speed (short streets) Dedication of land for public linear park and drainage PLANNING COMMISSION FINAL REPORT Case No. 0819-01 INFOR No. 19ZN1020 Planning Commission Hearing Date: October 2, 2019 Applicant & Legal Description Owner: MPM Development, LP Applicant/Representative: MPM Development, LP Location Address: 6810 Bison Drive Legal Description: Being 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The subject property is located along the north side of Bison Drive, to the south west of Bill Witt Park, and east of Cimarron Boulevard. Zoning Request From: “RS-4.5” Single-Family 4.5 District To: “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development Area: 5.772 acres Purpose of Request: To allow for the construction of single-family homes on approximately 36 lots with minimum each lot size of 4,267 and one 0.526-acre linear park which include a sidewalk only along the north side of the street, a 40-foot wide public right-of-way, and 16.5-foot front yard setbacks. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential North “RS-6” Single-Family 6 Park Permanent Open Space (Park) South “RS-4.5” Single-Family 4.5 and “IL” Light Industrial Vacant, Low Density Residential, and Light Industrial Medium Density Residential and Light Industrial East “RS-6” Single-Family 6 Park Permanent Open Space (Park) West “RS-4.5” Single-Family 4.5 Low Density Residential, Park, and Drainage Permanent Open Space and Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No. 043030 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 109 feet of street frontage along Bison Drive which is designated as a “C1” Minor Residential Collector Street and approximately 40 feet of frontage along Crosswind Drive while not designated on the Urban Transportation Plan, is designed as a “C1” Minor Residential Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Bison Drive “C1” Minor Residential Collector 60’ ROW 40’ paved 60’ ROW 40’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-4.5” Single- Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development to allow for the construction of single-family homes on approximately 36 lots with a minimum lot size of 4,267 square feet. Development Plan: The subject property is comprised of 5.772 acres and is proposed to be subdivided into thirty-six single-family lots within the Planned Unit Development (PUD). The density proposed is approximately 6 units per acre. The 36 lots will range in area between 4,267 and 8,493 square feet in size. Based on the reduced lot size, applicant is requesting to have six lots per acre instead of the required minimum of seven lots per acre. Moreover, the applicant is requesting, based on an updated subdivision design, a front yard setback of 16.5 feet on both sides of Airking Drive. The increased front yard setback from the original submittal will accommodate larger personal vehicles and work to prevent any overhang onto the paved section of the right-of-way or any sidewalk areas. Airking Drive will serve as interior vehicular access that will be provided by a reduced public right-of-way of 40 feet while maintaining a 28 feet paved street width. Applicant does not intend to allow a through traffic that connects Bison Drive and internal street, Airking Drive, toward the east end of the subdivision to Bill Witt Complex Park. Airking Drive will therefore be a dead end to the east side. However, a new 60- foot right-of-way (Bill Witt Drive) will allow a connection from Bill Witt Park to Bison Drive. Bill Witt Drive will have an 8-foot tied sidewalk to allow for the continuation of the hike and bike trail. Pedestrian access will be provided by a 5-foot sidewalk on the south side of Airking Drive. The PUD amenities include a neighborhood entry feature and wall with landscaping. The standard parking space requirement of 2 spaces per unit will be met. The development proposes to maintain the 30% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the “RS-4.5” Single-Family 4.5 District, Staff Report Page 3 the “RS-4.5/PUD” Single-Family 4.5 District and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions “RS-4.5” District Standards Proposed PUD Deviation Lot Area 4,500 sf. 4,267 sf. Yes Maximum Density 7 Units per Acre 6 Units per Acre No Minimum Lot Width 45 ft. 45 ft. No Minimum Front Yard Setback 20 ft. 16.5 ft. Yes Minimum Street Corner 10 ft. 10 ft. No Minimum Side Yard 5 ft. 5 ft. No Minimum Rear Yard 5 ft. 5 ft. No Minimum Open Space 30% 30% No Maximum Height 35 ft. 35 ft. No Parking Requirement 2 spaces per unit 2 spaces per unit No Airking Drive Right-of-way width 50 ft. 40 ft. Yes Paved Street Width 28 ft. 28 ft. No Curb Type 6-in. curb & gutter 6-in. curb & gutter No Sidewalk 4 ft. on both sides 5 ft. on one side Yes Bill Witt Drive Right-of-way width 60 ft. 53 ft. Yes Paved Street Width 40 ft. 40 ft. No Curb Type 6-in. curb & gutter 6-in. curb & gutter No Sidewalk 4 ft. on both sides 8 ft. on one side Yes Existing Land Uses & Zoning: The subject property is currently zoned “RS-4.5” Single-Family 4.5 District and is vacant land. The site was formerly owned by The Young Blood Family Partnership and was sold to MPM Development LP in July 2019. To the south and east are properties zoned “RS-4.5” Single-Family 4.5 District comprised of single-family residences. To the north is the 126.97 acres Bill Witt Complex Park zoned “RS-6” Single 6 Family Residential. To the adjoining west of the property is a walking trail to the Public Park alongside a storm water drainage ditch. On the other side of the drainage ditch are single-family residences zoned “RS-4.5” Single- Family 4.5 District. The south and west of the property consist of single-family residences zoned “RS-4.5” Single Family residential District. To the east is the CMC- Steel Group company on a 7.53-acre site zoned “IL” Light Industrial. Further to south- east and across Bison Drive is are vacant subdivision lots. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Staff Report Page 4 Development is consistent with the adopted Southside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is compatible with Plan CC and the Southside Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes and right-of-way width, while still observing minimum street pavement widths, maximum building heights, parking requirements, and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. • The average lot size is approximately 4,463 square feet with an average building footprint of approximately 2,279 square feet. On corner lots, the street yard will not be less than 10 feet. The minimum lot width will not be less than 45 feet. • The typical street standard for a local/residential street is a 50 foot wide right-of-way with a 28 foot wide paved street surface. The applicant is requesting a reduced right- of-way width of 40 feet with a 28 foot wide paved street surface. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable, with exception of the garage setback. Planning Commission and Staff Recommendation (October 2, 2019): Approval of the change of zoning from the “RS-4.5” Single-Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Crosswind Estates Unit 2 Planned Unit Staff Report Page 5 Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 36 single-family residences. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification Number of Notices Mailed – 35 within 200-foot notification area 5 outside notification area As of September 27, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 15 inside notification area – 0 outside notification area Totaling 13.93% of the land within the 200-foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Planned Unit Development (PUD) Guidelines and Master Site Plan 3. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/0819-01 MPM Development, LP/Council Documents/Report - MPM Development, LP.docx Staff Report Page 6 CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas Owner/Developer MPM DEVELOPMENT, LP P.O. BOX 331308 CORPUS CHRISTI, TX 78463 774-3832 Submitted by: BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 October 9, 2019 Page 1 of 1 CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas DEVELOPMENT DESCRIPTION: Crosswind Estates Unit 2, a Planned Unit Development (PUD) is a proposed single family residential development. The developer is proposing 36 single family residential lots and one 0.084 acre linear park that will be completed in a single phase. The developer is requesting a change of zoning from RS-4.5 to RS- 4.5/PUD to allow deviations from the Unified Development Code. Deviations will include a sidewalk on one side of the streets only, 40' wide street rights-of-way, variable width street right-of-way of 43.5’ to 46’, 16.5' front yard setbacks, minimum lot size of 4,267 square feet, minimum lot width of 45'. This development will complement existing developments in the area. LOCATION MAP – See Exhibit 1 attached METES AND BOUNDS PROPERTY DESCRIPTION AND SKETCH FOR REZONING – See attached Exhibits “2” and “3”. PROPOSED MASTER SITE PLAN AND PLAT – See Exhibit 4 DEED – See Exhibit 5 UDC – PUD COMPARISON LOTS DESCRIPTION UDC-ZONING/PLATTING ORDINANCE REQUIREMENTS (RS 4.5) PUD REQUIREMENTS MINIMUM LOT AREA 4500 SF 4267 SF MINIMUM LOT WIDTH 45 FT 45 FT MINIMUM FRONT YARD 20 FT 16.5 FT MINIMUM SIDE YARD (CORNER) 10 FT (WHEN BACK-TO-BACK W/ANOTHER CORNER LOT (UDC 4.2.8)) 20 FT (ALL OTHER CORNER LOTS) 10 FT MINIMUM SIDE YARD 5 FT 5 FT MINIMUM REAR YARD 5 FT 5 FT MINIMUM OPEN SPACE 30% 30% MAXIMUM HEIGHT 35 FT 35 FT REQUIRED PARKING (OFF STREET) 2 PER ACRE 2 PER UNIT BILL WITT DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 8 FT ON ONE SIDE PAVED STREET WIDTH 40 FT BB 40 FT BB ROW WIDTH 60 FT VARIES 43.5' TO 46' AIRKING DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 5 FT ON ONE SIDE PAVED STREET WIDTH 28 FT BB 28 FT BB ROW WIDTH 50 FT 40 FT Amenities to include: Sidewalk Neighborhood Entry landscaping Lower traffic speed (short streets) Dedication of land for public linear park and drainage PROPERTY ZONING AND NOTICE Corpus Christi, Texas Rezoning Case No. 0819-01 Date: 8-29-19 City Planning Commission Public Hearing Notice CIMARRON CROSSING/ CROSSWIND ESTATES RESIDENTS Greetings fellow neighbors, My name is Gabe Garcia, as is stated in the addressee portion of this yellow attachment. Let me start off by stating that I had absolutely no knowledge of what the details of these re-zoning plans were until I reached out to the Corpus Christi Development Services Department. For more information, you can contact Andrew Dimas (C.C.D.S.D. Board Member) either by phone 361- 826-3584 or through email at AndrewD2@CCTexas.com. Then I decided to try and sum up some of what it entails for those whom these changes will be affecting through a little Q&A. Each home with a Lot# bordering the inner part of the marked off circle all have an equal say in this process. Which contractor/builder purchased the "Subject Property" and has proposed this re-zoning change to the city? Moses Mostaghasi, the sole owner and operator of MPM Homes, Inc. Phone# 361-774-3832 Email: MPMHomes2@gmail.com 6722 Brockhampton St. CC, TX 78414 What is the difference between a "RS-4.5" Single Family Residential Home and a "RS-4.5/PUD" Single-Family Residential and a Planned Unit Development Overlay? Our neighborhood is currently zoned as an "RS-4.5" Single Family Residential Home. The 4.5 translates to a home/lot size of at least 4,500sq.ft. This has been, and for now still is, our neighborhoods minimum property size through which a contractor/builder has been allowed to build. As a result, this zoning change would re-classify our neighborhood as an "RS-4.5/PUD" Single-Family Residential and a Planned Unit Development Overlay. This change would permit MPM Homes, Inc. to build homes that will be less than our current minimum property size of 4,500sq.ft. If passed, how would this re-zoning change affect me? Here a few ways this would have a negative impact on not only us, but throughout the entire neighborhood… - Smaller lots will create ALOT more congestion and increase the amount of vehicles zooming in and out of our small quiet area of land. - It will allow MPM Homes, Inc. to sell these homes at a decreased amount, extending an open invitation to those who could possibly be less financially stable, and may affect future crime rates in the future. As of today, our neighborhood has had little to no incidents occur within the past 10 yrs. that have negatively impacted our families since we’ve owned our homes. - Changes made to the effects above may decrease our future property values and make it harder to either sell and/or rent our homes. - A few people that I’ve had the pleasure of reaching out to firsthand have small kids, including myself. Since developing the newest neighborhood at the dead end on Bison Dr., there have been many more careless drivers speeding throughout our area. The increased congestion only adds to the possibility of an incident. God forbid. As you’ve probably already noticed, my family and I, as well as the six (6) undisclosed others directly affected by these changes, have submitted this yellow letter back to the city IN OPPOSITION of the rezoning. The yellow copy attached can be submitted t o Andrew Dimas by simply taking a photo with your decision filled out at the bottom, and emailing that photo to him directly. This was not meant to be a letter written to persuade, nor dissuade your personal decisions in any way. I do not work for the city, nor do I know Moses Mostaghasi or anyone affiliated with MPM Homes, Inc. I’m just a proud father and home owner who is attempting to lookout for both my family and yours. Feel free to reach out to me, but more importantly to Andrew Dimas in any way concerning this matter and its future impact. This change will most definitely have an effect on all of our fellow neighbors for years to come. Thank you for your time. Best Regards, Gabe A. Garcia 361-585-9175 1 Andrew Dimas [DevSvcs] From:corina0718 <corina0718@yahoo.com> Sent:Friday, August 30, 2019 10:32 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning on Bison Follow Up Flag:Follow up Flag Status:Flagged [ [ WARNING: E‐mail from outside e‐mail system, avoid clicking on links or attachments. When in  doubt, call the Help Desk at 826‐3766 ] ]      Hello Mr Dimas my name is Corina Moore and I live at 6818 Bison Dr here in Corpus Christi. I am writing to you today in  reference to the notice I recieved in the mail regarding the purchase of 6810 Bison and the possible rezoning. Mr. Dimas  I am pleading with you and the rest of the board to deny this. I am born and raised here in Corpus Christi, I am a hard  working, tax paying, law abiding citizen, Registered Nurse, wife and mother to two young children. I have lived here in  this home for almost 15 years. Everyone directly affected by this possible change has been a long standing resident.  Throughout the last two years our neighborhood has changed dramatically due to construction and building. I  understand this will happen as our city grows. However, I am concerned regarding the value of our neighborhood  decreasing. We have all worked so hard to maintain and pay for our homes. We dont deserve this diservice. As a nurse i  am all for serving the community and lifting us up and improving our city. This change will not be doing this. Mireles  Elementary is already crowded as our are neighborhood streets. Bill Witt park and the new walking trail are just  completed. Cant we enjoy these things without homes being built on top of them? The safety of our kids is the upmost  importance and more traffic, construction, possible crime will affect them. We are already at the point where my  children can not play in the front yard due to heavy traffic. Please allow us to maintain our neighborhood status and  deny this change. If our neighborhood will be subjected to change please let it be POSITIVE for the neighborhood. This  isnt all about money this is about the well being of the community. Its unfortunate that it seems that lifting this  neighborhood isnt the intent of this new owner. Please be our sounding board in this. Please for a moment put  yourselves in our shoes. I am hopeful that you will deny this rezoning. Please contact me for any questions. I am a  concerned citizen and mother, please take this all into consideration.     Regards,    Corina Moore  361 510 1353  Sent from my T‐Mobile 4G LTE Device  City Council November 19, 2019 Zoning Case #0819-01 MPM Development, LP Rezoning for a Property at 6810 Bison Drive From “RS-4.5” To “RS-4.5/PUD” 2 Aerial Overview 3 N 4.62 Acre Remainder Subject Property at 6810 Bison Drive 4 Zoning Pattern 5 Deviation Table Minimum Dimensions “RS-4.5” District Standards Proposed PUD Deviation Lot Area 4,500 sf.4,267 sf.Yes Maximum Density 7 Units per Acre 6 Units per Acre No Minimum Lot Width 45 ft.45 ft.No Minimum Front Yard Setback 20 ft.16.5 ft.Yes Minimum Street Corner 10 ft.10 ft.No Minimum Side Yard 5 ft.5 ft.No Minimum Rear Yard 5 ft.5 ft.No Minimum Open Space 30%30%No Maximum Height 35 ft.35 ft.No Parking Requirement 2 spaces per unit 2 spaces per unit No 6 Deviation Table Right-of-way Deviations Airking Drive Right-of-way width 50 ft.40 ft.Yes Paved Street Width 28 ft.28 ft.No Curb Type 6-in. curb & gutter 6-in. curb & gutter No Sidewalk 4 ft. on both sides 5 ft. on one side Yes Bill Witt Drive Right-of-way width 60 ft.53 ft.Yes Paved Street Width 40 ft.40 ft.No Curb Type 6-in. curb & gutter 6-in. curb & gutter No Sidewalk 4 ft. on both sides 8 ft. on one side Yes 7 Revised Master Site Plan 8 Cross Section Airking Drive Bill Witt Drive 9 Planning Commission and Staff Recommendation Approval of the change of zoning to the “RS 4.5/PUD” Single Family 4.5 District with a Planned Unit Development District. 10 PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Crosswind Estates Unit 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 36 single-family residences. 2. Other Requirements:The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). 11 Public Notification 35 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 15 (13.93%) In Favor: 0 (0%)X XX XX XX XX X XX X X X X 12 Buffer Yards: “RS 4.5/PUD” to “IL” Type D: 20 points (8 ft. fence). Setbacks: Street with sidewalk: 20 feet Street without sidewalk: 15 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes UDC Requirements 13 Original Master Site Plan DATE:November 8, 2019 TO:Peter Zanoni, City Manager FROM:Rosa Medina, Director of Human Resources rosam@cctexas.com (361) 826-3306 CAPTION: Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. SUMMARY: To establish the increase in retirement annuities at 30% of CPI (Consumer Price Index) annually repeating consistent with the agreement between the City of Corpus Christi and the City of Corpus Christi Police Officers’ Association, effective October 1, 2019 to September 30, 2023. BACKGROUND AND FINDINGS: On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer’s Association (CCPOA), which included provisions for “Updated Service Credits” and “Increased Prior and Current Service Annuities at 70% of CPI. On September 15, 2015 Council approved the contract with the Corpus Christi Police Officer’s Association (CCPOA), which included provisions for “Updated Service Credits” and “Increased Prior and Current Service Annuities at 70% of CPI”. On November 27, 2018 Council approved Ordinance authorizing “Updated Service Credits” and “Increased Prior and Current Service Annuities at 70% of CPI” for 2019 and subsequent years. On October 15, 2019 Council approved the contract with the Corpus Christi Police Officer’s Association (CCPOA), which included provisions for “Updated Service Credits” and “Decreased Prior and Current Service Annuities at 30% of CPI”. ALTERNATIVES: Reducing Texas Municipal Retirement System (TMRS) increase in retirement annuities from 70% of CPI (Consumer Price Index) to 30% annually repeating AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. FISCAL IMPACT: The fiscal impact for the City will be a reduction in the TMRS contribution rate from 24.61% to 18.69% beginning January 1, 2020. Funding Detail: Fund: Multiple Organization/Activity: Multiple Mission Element: Multiple Project # (CIP Only): Account: 511000 RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. Whereas, Ordinance #031602 provides for updated service credits on January 1 of each subsequent year until the ordinance ceases to be in effect (repeating), meeting the requirements of Texas Government Code §854.203; and Whereas, the agreement between the City of Corpus Christi and the City of Corpus Christi Police Officers’ Association, effective October 1, 2019 to September 30, 2023, provides for Updated Service Credits (100% repeating) and Annuity Increase 30% of CPI (repeating). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section1. Increase in Retirement Annuities. (a)On the terms and conditions set out in Sections 854.203 and 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person. (b)The amount of the annuity increase under this section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based,multiplied by 30%of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of the increase under this Section. (c)An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d)If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e)The amount by which an increase under this Section exceeds all previously granted increases to an annuitant isanobligation ofthe Cityand of itsaccount in the Benefit Accumulation Fund of the System. Section 2. Dates of Increases.The initial increase in retirement annuities hereunder shall be effective on January 1, 2020,subject to approval by the Board of Trustees of the System. An increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act, and provided further that, as to such subsequent year, the City has an ordinance in effect that provides for a simultaneous increase in updated service credits as that term is used inthe TMRS Act. Section 3. Effective Date.Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2020. 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 22, 2019 TO:Peter Zanoni, City Manager FROM:Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 CAPTION: Ordinance consenting to and ratifying an assignment of the On-Airport Rental Car Concession and Lease Agreement (“Agreement”) from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. SUMMARY: Avis Budget Group has been acquiring it’s third party franchisees. In the Coastal Bend these include Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car). As such Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car) have assigned to Avis Budget Car Rental, LLC all of its rights and interest in and to the On-Airport Rental Car Concession and Lease Agreement to Avis Budget Car Rental, LLC. BACKGROUND AND FINDINGS: The City, Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), previously executed an On-Airport Rental Car Concession and Lease Agreement dated September 25, 2019. Avis Rent A Car and Budget Rent A Car have assigned all of its rights and interest in the Agreement to Avis Budget Car Rental, LLC effective October 3, 2019. Therefore, the City, Avis Rent A Car, and Budget Rent A Car desire to enter into an assignment and assumption to the On-Airport Rental Car Concession and Lease Agreement to formally agree that Avis Budget Car Rental, LLC will assume the lease agreement. Avis Budget Group will continue to provide Avis and Budget rental options so this assignment will not affect the number of rental car options available to the customers of the Corpus Christi International Airport. ALTERNATIVES: No viable alternative exists. Assignment and Assumption of On-Airport Rental Car Concession and Lease Agreement AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 FISCAL IMPACT: This is a revenue neutral assignment. Avis Budget Group will lease the counter/office space, ready/return lot parking spaces, QTA office spaces, shop/maintenance spaces, QTA parking spaces, and common space that were leased by Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car). Avis Budget Group will also assume the minimum annual guarantees of both companies. The Avis Budget Group will pay the airport $313,014.19 annually based on the space they are leasing and the Minimum Annual Guarantee in the bids for the Concession. Funding Detail: Fund:4610 Airport Fund Organization/Activity:35000 Airport Administration Mission Element: 888 Project # (CIP Only): N/A Account: 320310 Auto Rental Concession RECOMMENDATION: Staff recommends approval of this ordinance consenting to and ratifying an assignment on the On-Airport Rental Car Concession and Lease Agreement with Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car) to Avis Budget Car Rental, LLC for the operation of a car rental concession and lease at the Corpus Christi International Airport as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment of Automobile Rental Concession and Lease Ordinance consenting to and ratifying an assignment of the On- Airport Rental Car Concession and Lease Agreement (“Agreement”) from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. WHEREAS, the City of Corpus Christi (“City”) executed an Agreement with Coastal Bend Rent-A-Car, doing business as Avis Rent A Car, and South Texas Auto Rental Service, LLC, doing business as Budget Rent A Car, effective October 1, 2019; WHEREAS, Avis Rent A Car and Budget Rent A Car have each assigned their respective rights and interests in the Agreement to Avis Budget Car Rental, LLC (“Avis Budget”), and desire to obtain the City’s consent to and ratification of the assignment and assumption, by Avis Budget, of all duties, obligations, privileges, and benefits set out in the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. All content included in the preamble of this ordinance is incorporated by reference as if set out here in its entirety. SECTION 2. The City Council, pursuant to Article IX, Section 4, of the City Charter, and the provisions of the Agreement, consents to and ratifies the assignment and assump- tion of the Agreement from Avis Rent A Car and Budget Rent A Car to Avis Budget Car Rental, LLC, effective 12:01 a.m., October 3, 2019. Furthermore, the City Manager, or his designee, is authorized to execute all documents among the parties related to the assignment and assumption of the Agreement, including an estoppel certificate, if needed. A copy of the assignment and assumption document is incorporated by reference as if set out here in its entirety. The foregoing ordinance was read for the first time and passed to it’s second reading on this the _____ day of ____________________, 2019, by the following vote: Joe McComb __________Michael Hunter __________ Roland Barrera __________Ben Molina __________ Rudy Garza __________Everett Roy __________ Paulette M. Guajardo __________Greg Smith __________ Gil Hernandez __________ The foregoing ordinance was read for the second time and passed finally on this the Page 2 of 2 _____ day of ____________________, 2019, by the following vote: Joe McComb __________Michael Hunter __________ Roland Barrera __________Ben Molina __________ Rudy Garza __________Everett Roy __________ Paulette M. Guajardo __________Greg Smith __________ Gil Hernandez __________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: __________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Police Chief mikeMa@cctexas.com 361-886-2601 Mike Gillis, Director of Animal Care Services JohnGi@cctexas.com (361) 826-4602 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year supply agreement with Miller Veterinary Supply Co., Inc. of Fort Worth, Texas, in an amount not to exceed $584,511.00 for animal food and supplies, effective upon issuance of notice to proceed, with funding in the amount of $87,676.65 available through the FY 2020 Animal Control Services’ budget in the General Fund. SUMMARY: This motion authorizes a contract for animal food and supplies for Animal Care Services. The food and supplies are essential for the maintenance of care of the animals at Animal Care Services. BACKGROUND AND FINDINGS: The purchase of the animal food and supplies are to feed and maintain the health of the animals in the care of Animal Care Services. The main product of food called Purina EN, is nationally recognized and is recommended to shelters by veterinarians as ideal shelter food. This product provides ingredients that are digestive friendly with no byproducts. Animal Food and Supplies for Animal Care Services AGENDA MEMORANDUM Action Item for the City Council Meeting December 10, 2019 The Contracts and Procurement Department conducted a competitive Request for Bid (RFB) process and received three bids. Two of the bids were deemed nonresponsive, therefore, staff is recommending the award to Miller Veterinary Supply Co., Inc. as the lowest responsive, responsible bidder. Additionally, Animal Care Services does not have a contract for food and supplies and Miller Veterinary Supply Co., Inc. has provided a bid honoring the same price they have been charging the department for the past two years and maintaining that price throughout the proposed contract time frame. ALTERNATIVES: An alternative to accepting the lowest, responsive bid would be to reject all bids and not secure a long-term supply agreement. This process may cause Animal Care Services to be without food and supplies needed for the sheltered animals. In addition, a long-term supply agreement will allow the opportunity for savings by means of economy of scale. FISCAL IMPACT: The fiscal impact for Animal Care Services in FY 2020 is $87,676.65 for a five-year supply agreement for the purchase of animal food and supplies, with the remaining cost funded in future years through the annual budget process. FUNDING DETAIL: Fund:1020 General Fund Organization/Activity:12680 Animal Control Mission Element:083 Care for In-custody Animals Project # (CIP Only): N/A Account:520070 Food and Food Supplies RECOMMENDATION: Staff recommends approval of this motion authorizing a supply agreement with Miller Veterinary Supply Co., Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SUPPLY AGREEMENT NO. 2583 Animal Food and Supplies for Animal Care THIS Animal Food and Supplies for Animal Care Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Miller Veterinary Supply Co., Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Animal Food and Supplies for Animal Care in response to Request for Bid No. 2583 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Animal Food and Supplies for Animal Care in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for five years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $584,511.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Michelle Jorgensen Animal Care Phone: 361-826-4605 Email: MichelleJ@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI ”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 8.Warranty. (A)The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9.Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10.Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11.Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12.Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Michelle Jorgensen Management Assistant Animal Care Services Address: 2626 Holly Rd., Corpus Christi, TX 78415 Phone: 361-826-4605 Fax: 361-826-4611 IF TO CONTRACTOR: Miller Veterinary Supply Co., Inc. Attn: Randi Charleston Inside Representatiave 201 S. Adams, Fort Worth, TX 76104 Phone: 817-335-5487 ext 6319 Fax: 817-334-0891 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contrac tor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute . 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall supply animal food and supplies for Animal Care as outlined in this Scope of Work. 1.2 Scope of Work A.Contractor must supply Animal Care with the following animal food and supplies every two months: 1. 95 each of Purina Pro Plan EN Gastroenteric (13668), 32 lb. hospital pack 2. 22 each of Purina Pro Plan Focus Puppy Chicken & Rice (02773), 12 X 13 oz. can 3. 20 each of Purina Pro Plan Savor Feline Adult Chicken & Rice (13154), 16 lb. bag 4. 20 each of Purina Pro Plan Focus Kitten Chicken & Rice (131627), 7 lb. bag 5. 17 each of Purina Pro Plan Focus Kitten Chicken & Liver (02763), 24 X 3 oz. can 6. 3 each of Purina Pro Plan CN Critical Nutrition (14720), 24 X 5.5 oz. can 7. 3 each of Purina Pro Plan Canine Fortiflora (12991), 6 X 30-1 g sachets per box 8. 3 each of Purina Pro Plan Feline Fortiflora (12990), 6 X 30-1 g sachets per box 9. 3 each of Purina Pro Plan Savor Feline Adult Crunchy Bites with Chicken (14969), 10 X 2.1 oz. bag 10.10 cases of 10 - NutriSentials Lean Treats for Dogs 11.10 cases of 8 - NutriSentials Large Breed Lean Treats for Dogs 12. 80 each of Tidy Cats by Purina (or a comparable brand) 35lb Pail 13. 170 each of Virbac CET Chews size: Small 14. 170 each of Virbac CET Chews size: Medium 15. 340 each of Virbac CET Chews size: Large 16. 170 each of Virbac CET Chews size: Extra Large Page 1 of 2 B.All products must have a minimum shelf life of six months remaining at the time of delivery. C.All items must be delivered during normal working hours, Monday through Friday between the hours of 8:00 a.m. and 5 p.m., to the back end of the Animal Care Complex building located at 2626 Holly Rd., Corpus Christi, TX 78415. 1.4 Work Site and Conditions A. Items can be delivered loose or on pallets. The Complex building does not have a loading dock; therefore, a lift gate and pallet jack may be required. B.Depending on the method of delivery, the Contractor must provide a lift gate and pallet jack if required. 1.5 Special Instructions Contractor must contact either the facility primary contact or the additional delivery contact listed below prior to delivery or shipment may not be accepted: Primary Contact: Michelle Jorgensen (361) 826-4605 Additional Delivery Contact: Rose Gerstenberger (361) 826-1304 Page 2 of 2 Attachment B: Bid/Pricing Schedule Attachment C: Insurance Reqirements No insurance is required for this supply agreement; therefore, Section 5, Insurance, is null and void. Page 1 of 1 Attachment D: Warranty Requirements No warranty is required for this supply agreement; therefore, Section 8, Warranty, subsection 8 (B) is null and void. Page 1 of 1 City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 2583 Animal Food and Supplies for Animal Care Item Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Purina Pro Plan EN Gastroenteric 32 lb. hospital pack EA 2,850 34.99$ 99,721.50$ 2 Purina Pro Plan Focus Puppy Chicken & Rice, 12x13 oz. can EA 660 14.77$ 9,748.20$ 3 bag EA 600 29.11$ 17,466.00$ 4 Purina Pro Plan Focus Kitten Chicken & Rice, 7 lb. bag EA 600 17.39$ 10,434.00$ 5 Purina Pro Plan Focus Kitten Chicken & Liver, 24x3 oz. can EA 510 18.97$ 9,674.70$ 6 Purina Pro Plan CN Critical Nutrition, 24x5.5 oz. can EA 90 41.33$ 3,719.70$ 7 Purina Pro Plan Canine Fortiflora, 6x30-1 g sachets per box EA 90 114.01$ 10,260.90$ 8 Purina Pro Plan Feline Fortiflora, 6x30-1 g sachets per box EA 90 114.01$ 10,260.90$ 9 Purina Pro Plan Savor Feline Adult Crunchy Bites with Chicken, 10x2.1 oz. bag EA 90 14.99$ 1,349.10$ 10 10 cases of 10-NutriSentials Lean Treats for Dogs EA 600 39.95$ 23,970.00$ 11 10 cases of 8-Nutrisentials Large Breed Lean Treats for Dogs EA 300 39.95$ 11,985.00$ 12 Tidy Cats by Purina, or a comparable brand, 35 lb. Pail EA 2,400 24.14$ 57,936.00$ 13 Virbac CET Chews size: Small EA 5,100 8.30$ 42,330.00$ 14 Virbac CET Chews size: Medium EA 5,100 10.40$ 53,040.00$ 15 Virbac CET Chews size: Large EA 10,200 13.50$ 137,700.00$ 16 Virbac CET Chews size: Extra Large EA 5,100 16.65$ 84,915.00$ 584,511.00$ *Non-responsive - Bidder did not complete the bid form *Midwest Veterinary Supply, Inc. Lakeville, MNFort Worth, TX Miller Veterinary Supply Co., Inc. *Legend & White Animal Health Corp Lincolnshire, IL DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Fire Chief Rrocha@cctexas.com (361) 826-3932 Peter Collins, Interim Chief Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year service agreement with ESO Solutions, Inc., of Austin, Texas, in an amount not to exceed $104,920.00, for a records management system for the Fire Department, effective upon issuance of a notice to proceed, with first-year funding in the amount of $20,984.00 available in the FY 2020 Fire Department General Fund. SUMMARY: This motion authorizes a five-year service agreement with ESO Solutions, Inc., of Austin, Texas to provide a records management system for the Fire Department. BACKGROUND AND FINDINGS: ESO Solutions, Inc. will provide all aspects of a records management system for the Corpus Christi Fire Department (CCFD). A records management system is essential for the documentation of all operational and non-operational activities of the Fire Department. Scheduling, emergency response documentation, training, inventory, maintenance and repairs, as well as fire prevention activities such as inspections, permitting and investigations are all recorded for documentation as well as to facilitate reporting Records Management System for the Corpus Christi Fire Department (CCFD) AGENDA MEMORANDUM Action Item for the City Council Meeting December 10, 2019 requirements. It is imperative that the records management system be robust in nature to provide for these requirements. The CCFD has been utilizing this software system for the past 16 years with upgrades. The Contractor will provide training and necessary support to ensure the effective use of the system. Contracts and Procurement Department conducted a competitive Request for Proposal process to obtain proposals for a new contract. The City received two responsive, responsible proposals. An evaluation committee from the Fire Department evaluated and scored the proposals and the two firms were invited to do a live demonstration of their systems to the evaluation committee. The firms were scored on the demonstration and how well the system fit the CCFD’s needs. Finally, staff evaluated the pricing and then requested best and final offers to make sure all required modules were included in the pricing. After tabulating scores for both vendors, staff is recommending the award to the incumbent, ESO Solutions, Inc as the highest scoring firm. ALTERNATIVES: The CCFD could continue on short-term agreements to continue the service; however, a long-term service agreement with ESO Solutions, Inc. will allow the opportunity for savings by means of economy of scale. In addition, the price will remain firm throughout the term of the contract. FISCAL IMPACT: The fiscal impact for the Fire Department is an amount not to exceed $20,984.00 for the first year of the five-year service agreement from the FY2020 Fire Department General Fund, with the remaining cost of $83,936.00 to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund:1020 General Fund Organization/Activity:12010 Fire Stations Mission Element:093 Respond to Emergency Calls Project # (CIP Only): N/A Account:520100 Computer Equip & Software RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year agreement with ESO Solutions, Inc., for the records management system. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SERVICE AGREEMENT NO. 2325 Records Management System for CCFD THIS Records Management System for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and ESO Solutions, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Records Management System for CCFD in response to Request for Bid/Proposal No. 2325 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Records Management System for CCFD (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $104,920.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Richie Quintero Fire Department 361-826-3936 RichieQ@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Richie Quintero Deputy Fire Chief 2406 Leopard St., Corpus Christi, TX 78408 Phone: 361-826-3936 Fax: 361-826-4333 IF TO CONTRACTOR: ESO Solutions, Inc. Attn: Darrell Hagans Director of Account Management 11500 Alterra Parkway, #100, Austin, TX 78758 Phone: 866-766-9471 ext. 7949 Fax: n/a Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. Attachments A, B, C, and D; C. Attachment E; D. the bid solicitation document including any addenda (Exhibit 1); then, E. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Specific Terms and Conditions. This Agreement is subject to the Master Subscription License Agreement between the Parties, which has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. RFP Template 04.05.19 Page 1 of 41 Attachment A: Scope of Work 1.1. General Requirements A.System must be capable of supporting National Fire Incident Reporting System (NFIRS). Must be current version and subsequent versions. B.System must be capable of importing legacy records adhering to the NFIRS file formats. C.System must allow the ability to attach documents including, but not limited to the following types: 1.Video 2.Pictures 3.Documents (spreadsheets, word docs., notepad, etc) 4.PDF’s D.Fire incidents using data elements from National Fire Protection Association (NFPA) 1710/1720. (see Appendix A for details) E.Department leaders must be able to access certain system level configurations and run date queries and reports based on records entered by their department. F.System must have an audit trail in order to show if any changes were made for quality assurance or legal purposes. Audit trail should: 1.Track 2.Capture 3.Display key-stroke entry level changes 4.Include all changes made to any records, not just last update G.Software must provide a means to display administrative messages or notes entered and link to individual event records and/or users (e.g. internal messaging or notes) (see Appendix B for details) H.System must have Quality Control (QC) Reports for completeness and accuracy (NFIRS reports). I.System must have active directory functionality. J.System must be capable of viewing previous, current, and future schedules with a task manager to create schedules (see Appendix C for details) K.System must be able to add and update department of employee’s certification, notify department of certification nearing expiration date. RFP Template 04.05.19 Page 2 of 41 L.System must be able to add full employee information such as: (see Appendix D for details) 1.Employee contact 2.Social Security Number (SSN) 3.Driver license number and expiration date 4.Certification 5.Notes 6.Employee ID 7.Rank M.System must be able to customize data and label fields. N.System must hold historical data with import/export capabilities (see Appendix E for details) O.System must be able to search for record by: 1.Date 2.Address 3.Name 4.Incident # 5.Etc. P.System must have the capability to track and manage Fire equipment maintenance record on all: 1.Apparatus 2.Equipment 3.Inspection records, with due date, status, and maintenance inspections notes (history) 4.Link maintenance records to inspection records 5.Perform inspection on a mobile environment (tablet, cell phone, etc.) 6.Capability to trigger a scheduled maintenance and submit a workorder 7.Apparatus daily readiness report (see Appendix F for details) Q.System must have the capability to track and manage fleet and vehicle maintenance: 1.Automated vehicle system for maintenance on vehicle mileage/engine hours 2.Schedule and submit a workorder 3.Track fuel usage 4.Inspection records: with due dates, status, and maintenance inspections notes (history) 5.Log all maintenance history records per vehicle 6.EMS unit daily readiness report (see Appendix G for details) RFP Template 04.05.19 Page 3 of 41 R.System must have daily EMS inventory real time capabilities interfaced with run reports and bar coding for inventory tracking. S.System must be able to track weekly medic unit inventory and EMS supply lockers by station (see Appendix H for details) T.System shall integrate with Maximo, ESRI, Infor, CE Solutions and share at minimum, incident demographic and time data. U.System software solution must work with any hardware including PC’s, laptops, android, and mobile devices with the exception of any devices that are unsecure. V.System shall be able to create and customize dashboards in real time. W.System shall provide electronic signatures for maintenance checkoffs and other items, such as permits, occupancy. 1.2. System Requirements A.System must allow tiered permissions for various access: 1.System settings 2.Agency settings 3.Data entry forms 4.Patient data 5.Print forms 6.Data Analysis tools B.System administrator must have the ability to manage all users and control their ability to manage their profiles or add new users. C.System administrator must have the ability to manage locations: (see Appendix I for details) 1.Streets 2.Districts 3.Stations 4.Etc. D.System administrator must have the ability to: (see Appendix J for details) 1.Manage and modify data entry forms 2.Selective dynamic display with the data entry form, and the dataset 3.Print layouts 4.Point-of-entry business rules RFP Template 04.05.19 Page 4 of 41 E.System and department administrator must have ability to manage the display of other agencies at an incident. For example, adding a unit from a different City that has responded to the incident. (see Appendix K for details) F.System must define when incident is complete with time stamp and related status changes for administrative purposes. G.System must export records to excel, PDF, or print. H.System must customize toolbars (shortcuts, favorites for reporting, queries or any screen and modify user view (user preferences). I.System must create system rules and default values – required fields. J.System must have a query tool with delivered queries and modifiable parameters. K.System must have a reporting tool with delivered reports, including modifiable parameters. 1.3. Import/Export Requirements A.System must interface with existing Integraph Computer Aided Dispatch (CAD) software v9.3. B.System must allow integration with data exported from CAD systems. The CAD system software vendor will provide an output file or other agreed upon secure method for the solution vendor to map and import. C.Contractor must have pre-established integrations and data relationships with the major CAD vendors to make this process more efficient for agencies to implement. D.System must provide means to import to CAD, at minimum: 1.All Fire event times 2.Incident address 3.Type of service requested 4.Responding unit numbers and call signs 5.Incident numbers RFP Template 04.05.19 Page 5 of 41 E.CAD integration must have capacity to re-import data into a record as new data is added to the CAD record (for example, more times are added as the incident progresses) overwriting or updating the previous data. F.CAD Data integration will be accessible to use by user with fixed devices (e.g. desktops) or mobile devices, provided the device is online. G.Imports and Exports will be in compliance with NFIRS validations and data rules for import/export (see Appendix M for details) H.System must be able to import/export reports, photos, records, and attachment. 1.4. Journal System must have a monthly activity tracker for any entry for a specific date to include: (see Appendix N for details) A.On/off feature B.NFIRS activities C.Non-incident activities D.Department events E.Training classes F.Occupancy inspections G.Activities H.Permits I.Equipment maintenance J.Testing K.Hydrant Activities L.Filtering by: 1.Station 2.Shift 3.Units 4.Staff 1.5. Data Entry A.System must have default values and require values to be read only, or have them hidden with the value still part of the incident data (e.g. all incidents are in the US) (see Appendix O for details) B.System must limit the provider ability to enter one value, but have that value autofill related values without letting them access the linked elements. For example, limiting users to only enter an incident zip code, which will autofill the RFP Template 04.05.19 Page 6 of 41 incident city, county, and state without letting the user access the auto filled fields to prevent conflicting or poor quality data. C.Layout for online and mobile/offline data will be the same without needing to build the forms separately for each system. D.System will have a dynamic sizing display that will by able to adjust to screen size. Change with minimal effect on the layout displayed to the user. E.Display of single or multi-select drop-down lists must accommodate popup on screen keyboards on tablets such that the keyboard does not obscure the drop- down value list. F.Users must be able to navigate between elements in the data entry form using touch, mouse, or keyboard tabs and arrows. G.Data entry forms will clearly display elements and values that have an outstanding point of entry business rule to be resolved so users can quickly identify and resolve shortcomings. H.Incident form will provide display of the data entry and review status for administrative purposes. I.Incident form will provide easy interface to import CAD data. J.Incident form will provide means for agencies to create and apply localized custom fields. K.Capability of adding narratives on all modules and narrative will be able to print on reports. 1.6. Scheduling A.System must manage personnel schedules. B.System must create daily schedules for firefighters. 1.Employee roster 2.Station location 3.Employee availability 4.Per shift C.Schedule crews with stations and/or apparatus. D.Schedule inspections. E.Schedule maintenance on equipment. RFP Template 04.05.19 Page 7 of 41 F.List leave status G.Create leave and payroll codes (customize codes) H.Flexibility to add additional scheduling items, such as available for overtime, out on leave, temp driver, etc. 1.7. Investigations A.System must link investigations to incidents and locations. B.System must be able to maintain, and access history of incidents and investigations attached to locations. C.System must conduct and document investigations. D.System must be able to create an investigation report. Investigation report need the following fields: (see Appendix Q for details) 1.Referrals 2.Evidence 3.Leads 4.Scene 5.Activities 6.Narrative 7.Print capabilities of attachments 1.8. Inspections A.System must be able to capture various types of inspections such as life safety, building and occupancy based on NFIRS codes. B.System must link inspection to incidents and locations. C.Must be able to perform inspections in the mobile environments. D.System must be able to cross validate to ensure no duplicate records in occupancies. E.System must be able to add new inspection codes. F.System must be able to merge occupancy CAD information into inspection records. G.System must be able to schedule daily inspections for inspector. H.System shall interface inspection schedule to Office 365 calendar. RFP Template 04.05.19 Page 8 of 41 1.9. Permits A.System must track and manage all permits. B.Permits must be managed through the Fire RMS. C.System must manage permit fees, receipts, and adjustments through the City’s payment gateway. D.System must allow users to print or email permits, receipts, and mailing labels. E.System must maintain a record of historical permit information. F.System must provide pre-formatted permit reports. G.System must create various types of permits. 1.10. Validations System must be able to trigger time conflict rules against the current time the record is being entered to prevent any time in the future being entered for point of entry validations/business rules. 1.11. Printing A.System Administrator must have the ability to: 1.Design, format, and manage report printout 2.Create multiple formats B.System must print document attachments and addendums as part of the primary printing based on the print layout design by the System Administrator. C.System must allow print layout and design for agency name, address, and logo to be configures and automatically applied to a printing template. D.System must allow print layout to provide a means to configure a header and footer for each page such that incident information such as date, incident number, patient name can be displayed on each page of the record. 1.12. Vehicle and Equipment Inventory Records A.System must tract specifications on the following: 1.Personal Protection Equipment (PPE) 2.Hose 3.Self-contained breathing apparatus (SCBA) 4.Vehicles 5.Pump hoses 6.Ladders 7.All items on inventory RFP Template 04.05.19 Page 9 of 41 8.Upload fuel report from excel to application B.System must maintain vehicle maintenance records and requests with notifications of when vehicle is due for maintenance. C.System must maintain usage/purchased – date/time code, quantity, cost, mileage, staff, description. 1.13. Occupancy: Fire Prevention A.System must keep track of owners & contacts of buildings B.System must track inspections & activities C.System must track additional Fire service records – chem inventory, hydrants, storage tanks, need fire flows, permits, supplemental history. D.System must have the capability of merging occupancies when address is same, must be able to keep all history when merging occupancies. E.System must keep track of occupancy statistics. 1.14. Training Module (Appendix R) A.System must list classes with description, data/time, location, etc. B.System must have casualty report for injury during training to include: 1.Vehicle accidents 2.CE hours tracking C.System shall have scheduled training classes to interface to Office 365 calendar. 1.15. Hydrants A.System must list basic hydrant information, such as location, hydrant number, specifications, etc. B.System must list activities and repairs for each hydrant. C.System must list all flow tests. D.System must integrate with Maximo for water usage and work orders. 1.16. Reports Module A.System must set up rules for report fields. B.System must provide the following reports: 1.NFIRS RFP Template 04.05.19 Page 10 of 41 2.Basic fire reports 3.List units and personnel 4.Casualty reports 5.Property involvement reports 6.Additional fire service reports 7.Canned statistical or list reports with modifiable parameters 8.90 Percentile reports 9.NFPA report 10. Alarm response analysis 11. Incomplete report list 12. Not QC’d report list 13. Fire investigation reports 14. Fire/Arson reports 15. Reports notification 16. Report repository for all items including reports, inspections, occupancy records, permits, etc. 17. Query tool 18. Customizable reports 19. Logistics requisition form 20. Maintenance report (vehicle and equipment) 21. Ad hoc reporting 1.17. Technical Requirements A. Application 1.System application must work with IE 11 and Microsoft Edge and the latest version of Java, .net framework. No outdated agents of these applications will be supported. 2.If system application requires install, it must be remotely managed and patch with ManageEngine Patch Manager Plus version 10.0.326. 3.System application must work with Netmotion on mobile computers. 4.System application must be a mobile application. 5.System application must be windows 10 compatible. 6.System application must have 24/7 technical support. RFP Template 04.05.19 Page 11 of 41 B.Network 1.System must be able to communicate over Ethernet technology and be compatible with wireless, copper and fiber optic methods of data transport. 2.Requirements must fit into a minimum throughput constraint to reach endpoints and a reasonable latency (no more than 100ms) and must be able to recover function after periods of packet loss which may occur. 3.Consideration must be demonstrated for reducing the amount of throughput required from end to end across the WAN. 4.Any wireless host/AP support requirements must be made known. 5.The specific services must be made known in the proposal as to which protocols will be needed and whether they are considered connection or connectionless. 6.A logical network diagram must be provided that exhibits traffic flow to and from application, database, repositories, end points and demarcations. C.Security 1.System must accommodate the City’s intent to apply security patches to its system within 30 days of release. 2.User authentication and access rights can be managed via Active Directory. 3.Remote 3rd party support access requires the 3rd party to use an HTML5 – compliant web browser. 4.Contractor must provide a point of contact. 5.Contractor must provide security updates to its product. 6.Contractor must list any required ports, protocols, web domains, firewall allowances needed for the system to function properly. D.Server/Storage Backup 1.System must have server/storage backup on premises, in the cloud, or in a hybrid solution. 2.System must support a virtualized environment. 3.Contractor must provide server requirements for memory, CPU, storage and operating system. 4.Contractor must provide any cloud storage requirements to include provider, services, and size requirements to accommodate our current Nimble storage. RFP Template 04.05.19 Page 12 of 41 5.Contractor is required to support current backup solution which is Commvault version 11 service pack 14. E.End User Support 1.System application must require admin rights. 2.Contractor must provide minimum requirements for: a.Memory b.Processor c.Storage d.Operating System (OS) 3.Application must not be dependent on any software that may or may not already be installed on the OS. 4.Antivirus must not cause any known issues. F.Geographic Information System (GIS) 1.Application must integrate with ESRI solutions. 2.Application must interact and consume with data from the GIS database. 3.GIS data must require local storage. 4.Application must require GIS editing capabilities. Editing rights are subject to license purchasing. 5.Application must be compatible to Portal for ArcGIS version 10.3.1. 6.Solution must be for city and/or public use. 1.18. Overall Business Requirements The Attached matrix (see Attachment A-1) outlines all of the requirements necessary to have a complete system. This matrix is part of the Agreement and will be used throughout the implementation phase to ensure compliance with all requirements. Page 13 of 41 Page 14 of 41 Page 15 of 41 Page 16 of 41 Page 17 of 41 Appendix F Page 18 of 41 Appendix G Page 19 of 41 Appendix H Page 20 of 41 Page 21 of 41 Page 22 of 41 Page 23 of 41 Page 24 of 41 Page 25 of 41 Page 26 of 41 Page 27 of 41 Appendix P Page 28 of 41 Page 29 of 41 Appendix R Page 30 of 41 Page 31 of 41 Page 32 of 41 Page 33 of 41 Page 34 of 41 Page 35 of 41 Page 36 of 41 Page 37 of 41 Page 38 of 41 Page 39 of 41 Page 40 of 41 Page 41 of 41 Page6 ESO MSLA v.20190715 CONFIDENTIAL LICENSED SOFTWARE SCHEDULE (Applications – ESO Billing, ESO Dispatch, FIREHOUSE by ESO, IFC Codes) 1.The Licensed Software term shall begin the earlier of 90 calendar days after the Effective Date or the first day the Licensed Software is used in production mode (“Activation Date”). Customer shall be deemed to have accepted the Licensed Software on the Activation Date. The parties will make reasonable efforts to ensure that Customer is able to use the Licensed Software as quickly as possible, but in no event will the Activation Date be modified for implementation delays. 2.The following Licensed Software may be ordered under this Exhibit: 2.1. ESO Billing is on premise software for EMS billing (http://www.esosolutions.com/software/billing). 2.2. ESO Dispatch is on premise software for medical dispatch and transports (http://www.esosolutions.com/software/dispatch). 3.The following Third-Party Data may be ordered under this Exhibit: 2018 International Fire Code, 2015 International Fire Code 2012 International Fire Code. 4.Third-Party Payer is responsible for the following products and Fees: N/A 5.Customer hereby agrees to timely pay for the following products according to the schedule below: 6.All Fees above will be invoiced by ESO as follows: 6.1. Training and Training Travel Fees, if any, shall be invoiced on the Effective Date. 6.2. During the first year, the remaining Fees shall be due on the Activation Date. 6.3. During the second year and any renewal years thereafter, 100% of the recurring Fees shall be due on the anniversary of the Activation Date. Attachment B: Bid/Pricing Schedule Page 1 of 1 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate ERRORS & OMMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 Aggregate 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted Page 1 of 3 to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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. 6.In addition to any other remedies the City may have upon Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. Page 2 of 3 8.It is agreed that Contractor'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. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Ins. Req. Exhibit 7-B IT Contracts - Software Support, Configuration, Implementation and Maintenance 04/26/2019 Risk Management – Legal Dept. No bond is required for this service agreement; therefore, Section 5, Insurance; Bonds, subsection 5 (B) is null and void. Page 3 of 3 Attachment D: Warranty Requirements Product warranty is not required for this service agreement; therefore, Section 8, Warranty, subsection 8 (A) and (B) is null and void. Page 1 of 1 ORDER INSTRUCTIONS 1.Fill in Contact Info Below Contact Name Email Phone Primary Business Contact Invoicing Contact Legal Contact Software Administrator Contact Privacy/HIPAA Contact Tax Exempt? YES OR NO If YES, return Exempt Certificate with Agreement Purchase Order Required? YES OR NO If YES, return PO with Agreement 2.Sign page 5. 3.Email entire contract to legal@esosolutions.com and your sales representative. 4.Enjoy your ESO Software Attachment E: Master Subcription License Agreement Page1 ESO MSLAv20190715 CONFIDENTIAL MASTER SUBSCRIPTION AND LICENSE AGREEMENT This Master Subscription and License Agreement (this “Agreement”) is entered into as of October 1, 2019 (“Effective Date”), by and between ESO Solutions, Inc., a Texas corporation having its principal place of business at 11500 Alterra Parkway, Suite 100 Austin, TX 78758, including its controlled subsidiaries, (collectively, “ESO”) and the City of Corpus Christi , having its principal place of business at 1201 Leopard Street, Corpus Christi, TX 78401 (“Customer”). This Agreement consists of the General Terms & Conditions below and any Addenda (as defined below) executed by the parties, including any attachments to such Addenda. The parties have agreed that ESO will provide Customer certain technology products and/or services and that Customer will pay ESO certain fees. Therefore, in consideration of the covenants, agreements and promises set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows. GENERAL TERMS AND CONDITIONS 1. DEFINITIONS. Capitalized terms not otherwise defined in this Agreement shall have the meanings below: “Add-On Software” means any complementary software components or reporting service(s) that ESO makes available to customer through its Licensed Software, Interoperability Software or SaaS. “Addendum” means a writing addressing an order of a specific set of products or services executed by authorized representatives of each party. An Addendum may be (a) a Software Schedule, (b) a Statement of Work, (c) Sales Order, or (d) another writing the parties intend to be incorporated by reference into this Agreement. “Anonymized Data” means Customer Data from which all personally identifiable information has been removed, as well as the names and addresses of Customer and any of its Users and/or Customer’s clients (and which, as a consequence, is neither PHI nor identifiable to or by Customer). “Customer Data” means information, data and other content in electronic form that is submitted, posted, or otherwise transmitted by or on behalf of Customer through the Software. “Deliverable” means software, report, or other work product created pursuant to a Statement of Work. “Documentation” means user guides, operating manuals, and specifications regarding the Software. “Feedback” refers to any suggestion or idea for improving or otherwise modifying ESO’s products or services. “Incident” refers to a locked and uploaded record within the system on a per- encounter basis, regardless of the number of patients involved in said individual encounter. “Intellectual Property” means trade secrets, copyrightable subject matter, patents and patent applications, and other proprietary information, activities, and any ideas, concepts, innovations, inventions and designs. “Interoperability Software” means SaaS that allows Customer to exchange healthcare data with others. For the avoidance of doubt, Interoperability Software does not include Add-on Software or Licensed Software. “Licensed Software” means the executable, object code version of software that ESO provides to Customer for its use and installation on Customer’s own equipment. For the avoidance of doubt, Licensed Software does not include Add-on Software, Interoperability Software or SaaS. “New Version” means any new version of Licensed Software that ESO may from time to time introduce and market generally as a distinct licensed product, as may be indicated by Licensor’s designation of a new version number, brand or product. “Outage” means Customer is unable to access SaaS, or such access is materially delayed, impaired or disrupted, in each case as caused or controlled by ESO. “Professional Services” means professional services provided by ESO under a Statement of Work. “Protected Health Information” or “PHI” shall have the meaning set forth in HIPAA. All references herein to PHI shall be construed to include electronic PHI, or ePHI, as that term is defined by HIPAA. “Reporting Services” means, collectively, the different tools or features in the Software allowing Customer to generate compilations of data, including but not limited to ad-hoc reports, analytics, benchmarking or any other reporting tool provided through the Software. “SaaS” means software-as-a-service that ESO hosts (directly or indirectly) for Customer’s use. For the avoidance of doubt, SaaS does not include Licensed Software, but does include Add-on Software and Interoperability Software. “Scheduled Downtime” means periods when ESO intentionally interrupts the SaaS for the performance of system maintenance or to otherwise correct service errors. “Software” means any ESO computer program, programming or modules specified in any Software Schedule or SOW. For the avoidance of doubt, Add- on Software, SaaS, Interoperability Software, and Licensed Software are collectively referred to as Software. “Software Schedule” refers to an Addendum under which Customer has ordered either Add-on Software, Licensed Software, Interoperability Software or SaaS. “Statement of Work” or “SOW” refers to an Addendum in which Customer has ordered Professional Services or a Deliverable from ESO. “Support Services” means those services described in Exhibit B. “Third-Party Data” means data not owned by ESO but which is (or access to which is) provided by ESO under a Software Schedule. “Third-Party Service” means a service not provided by ESO but which is (or access to which is) offered by ESO in connection with its Software under a Software Schedule or Addendum. “Third-Party Software” means software not owned by ESO but which is (or access to which is) provided by ESO under a Software Schedule or Addendum. “Use Restrictions” means the restrictions imposed on Customer’s use of Software as described in Section 3.3. “User” means any individual who uses the Software on Customer’s behalf or through Customer’s account or passwords, whether authorized or not. 2. SOFTWARE ORDERS. During the Term, Customer may order Software from ESO by signing an appropriate Software Schedule. Customer’s license to Licensed Software and its subscription to SaaS are set forth below. Each such Software Schedule is incorporated herein by reference. 3. LICENSE/SUBSCRIPTION TO SOFTWARE 3.1. Grant of Subscription: SaaS. For SaaS, during the Term Customer may access and use the SaaS and Reporting Services, in such quantities as are set forth on the applicable Software Schedule, subject to Customer’s compliance with the Use Restrictions and other limitations contained in this Agreement. 3.2. Grant of License: Licensed Software. For Licensed Software, during the Term ESO hereby grants Customer a limited, non-exclusive, non- transferable, non-assignable, non-sublicensable, revocable license to copy and use the Licensed Software, in such quantities as are set forth on the applicable Software Schedule and as necessary for Customer’s internal business purposes, in each case subject to Customer’s compliance with the Use Restrictions and other limitations and obligations contained in this Agreement. 3.3. Use Restrictions. Except as provided in this Agreement or as otherwise authorized by ESO, Customer has no right to, and shall not: (a) decompile, reverse engineer, disassemble, print, copy or display the Software or otherwise reduce the Software to a human-perceivable form in whole or in part; (b) publish, release, rent, lease, loan, sell, distribute or transfer the Software to another person or entity; (c) reproduce the Software for the use or benefit of anyone other than Customer; (d) alter, modify or create derivative works based upon the Software either in Page2 ESO MSLA v.20190715 CONFIDENTIAL whole or in part; or (e) use or permit the use of the Software for commercial time-sharing arrangements or providing service bureau, data processing, rental, or other services to any third party (including any affiliate not specifically listed in the applicable Software Schedule). 3.4. Ownership. The rights granted under the provisions of this Agreement do not constitute a sale of the Software. ESO retains all right, title, and interest in and to the Software, including without limitation all software used to provide the Software and all graphics, user interfaces, logos and trademarks reproduced through the Software, except to the limited extent set forth in this Agreement. This Agreement does not grant Customer any intellectual property rights in the Software or any of its components, except to the limited extent that this Agreement specifically sets forth Customer’s rights to access, use, or copy the Software during the Term. Customer acknowledges that the Software and its components are protected by copyright and other laws. 3.5. Third-Party Software and Services. ESO neither accepts liability for, nor warrants the functionality, utility, availability, reliability or accuracy of, Third-Party Software or Third-Party Services. The Third-Party Software “EMS1 Academy” and/or “FireRescue1 Academy” and/or “EMS1 & FireRescue1 Academy – Implementation and Configuration” and/or “Learning Management System” and/or “EVALS Implementation” (collectively, “Education”) is offered by ESO in collaboration with Lexipol, f/k/a The Praetorian Group. If Customer subscribes to Education, Customer acknowledges and agrees to the terms and conditions of the Praetorian license agreement, located at http://www.praetoriandigital.com/LMS-Master-Service-Agreement, which shall supersede this Agreement as it applies to Customer’s use of Education and any Customer Data stored therein. 3.6. Third-Party Data. If Customer (as indicated on an Addendum) elects to license Third-Party Data (e.g., fire codes), then subject to the terms hereof, ESO hereby grants Customer a non-exclusive, non- sublicensable, and non-transferable license during the Term to use such Third-Party Data via the Software solely for Customer’s internal purposes. Customer will not (i) allow greater access than that set forth in the applicable Software Schedule, (ii) disclose, release, distribute, or deliver Third-Party Data, or any portion thereof, to any third party (iii) copy, modify, or create derivative works of Third-Party Data, (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Third-Party Data, (v) attempt to output in any form more than 10% of the Third-Party Data or otherwise circumvent the usage limitations included in the Software, (vi) remove any proprietary notices included within Third-Party Data or Software, or (vii) use Third-Party Data in any manner or for any purpose that infringes or otherwise violates any proprietary right of a person, or that violates applicable law. ESO does not warrant the functionality, reliability, accuracy, completeness or utility of, Third-Party Data, or accept any liability therefor. Additional terms and limitations applicable to Third- Party Data may be provided on the applicable Addendum. 3.7. New Versions & Sunset. If ESO releases a New Version of Licensed Software, Customer may elect to receive such New Version, subject to a relicense fee of 75% of the standard price for such new version. All New Versions provided under this Agreement will constitute Licensed Software and be subject to the terms and conditions of this Agreement. ESO may discontinue Support Services for Licensed Software upon 12 months’ notice to Customer. 4. HOSTING, SLA & SUPPORT SERVICES 4.1. Hosting & Management. Customer shall be solely responsible for hosting and managing any Licensed Software. ESO shall be responsible for hosting and managing any SaaS. 4.2. Service Level Agreement. If an Outage, excluding Scheduled Downtime (as defined below), results in the service level uptime falling below 99% for three months in any rolling 12-month period (the “Uptime Commitment”), then Customer may immediately terminate this Agreement, in which case ESO will refund any prepaid, unearned Fees to Customer. This is Customer’s sole remedy for ESO’s breach of the Uptime Commitment. 4.3. Scheduled Downtime. ESO will provide reasonable notice to the Customer (Software Administrator Contact or otherwise) of Scheduled Downtime (usually at least 72 hours in advance), and will plan Scheduled Downtime to occur during non-peak hours (midnight to 6 a.m. Central Time). Scheduled Downtime shall never constitute a failure of performance or Outage by ESO. 4.4. Support and Updates. During the Term, ESO shall provide to Customer the Support Services, in accordance with Exhibit B, which is incorporated herein by reference. 5. FEES 5.1. Fees. In consideration of the rights granted, Customer agrees to pay ESO the fees for the Software and Professional Services as set forth in the Software Schedule(s) or SOW(s) (collectively, “Fees”). The Fees are non-cancelable and non-refundable, except as expressly provided herein. Customer shall pay all invoices within 30 days of receipt. 5.2. Third-Party Payer. If Customer desires to use a third-party to pay some or all of the Fees on behalf of Customer (a “Third-Party Payer”), then (i) each applicable Addendum will identify such arrangement, (ii) the Third- Party Payer will enter into a written agreement with ESO regarding such arrangement, (iii) Customer may replace the Third-Party Payer by written notice to ESO (provided that no such change shall be made until the then-current Term’s renewal), and (iv) Customer shall remain responsible for payment if the Third-Party Payer does not pay the Fees. 5.3. Intentionally Omitted. 5.4. Taxes and Fees. The Fees are exclusive of all taxes and credit card processing fees, if applicable. Unless and until Customer provides ESO a tax exemption certificate, Customer will be responsible for and will remit (or will promptly reimburse ESO for) all taxes of any kind, including sales, use, duty, customs, withholding, property, value-added, and other similar federal, state or local taxes (other than taxes based on ESO’s income) related to this Agreement. 5.5. Appropriation of Funds. If Customer is a city, county or other government entity, Customer will have the right to terminate the Agreement at the end of the Customer’s fiscal term if Customer provides evidence that its governing body did not appropriate sufficient funds for the next fiscal year. Notwithstanding the foregoing, this provision shall not excuse Customer from past payment obligations or other Fees earned and unpaid. 5.6. Usage Monitoring. Customer is solely responsible for its own adherence to volume and use limitations indicated on the applicable Software Schedule. ESO may monitor Customer’s use of the Software, and if Customer’s usage exceeds the level for which Customer has paid in the applicable Software Schedule (an “Overage”), Customer shall owe ESO the Fee corresponding to such usage level based on the Software Schedule (or if none, ESO’s then-current rates). ESO may invoice for Overages immediately. 6. TERM AND TERMINATION 6.1. Intentionally omitted. 6.2. Intentionally omitted. 6.3. Effect of Termination. 6.3.1. If Customer terminates this Agreement or any Software Schedule as a result of ESO’s material breach, then to the extent that Customer has prepaid any Fees, ESO shall refund to Customer any prepaid Fees on a pro-rata basis to the extent such Fees are attributable to the period after the latter to occur of the (i) termination date or (ii) the date on which Customer actually ceases use of the Software. 6.3.2. Upon termination of this Agreement or any Software Schedule, Customer shall cease all use of the Software and delete, destroy or return all copies of the Documentation and Licensed Software in its possession or control, except as required by law. Customer shall remain obligated to pay appropriate Fees at ESO’s then-current rates if Customer continues to use or access Software after the termination or expiration of this Agreement. If Customer received discounts for any of the two years prior to the date of termination, Customer shall promptly pay ESO’s invoice recouping such discounts. 6.3.3. Termination of this Agreement is without prejudice to any other right or remedy and shall not release a party from any liability. 6.4. Delivery of Data. If Customer requests its data within 60 days of expiration or termination of this Agreement, ESO will provide Customer its Customer Data in a searchable .pdf format. Customer acknowledges that ESO is under no obligation to retain Customer Data more than 60 days after expiration or termination of this Agreement. Page3 ESO MSLA v.20190715 CONFIDENTIAL 7. REPRESENTATIONS AND WARRANTIES 7.1. Material Performance of Software. ESO represents and warrants that the Software will perform in material accordance with any Documentation provided by ESO. 7.2. Due Authority. Each party’s execution, delivery and performance of this Agreement and each agreement or instrument contemplated by this Agreement has been duly authorized by all necessary corporate or government action. 7.3. Customer Cooperation. Customer agrees to use current operating systems and reasonably and timely cooperate with ESO, including providing ESO reasonable access to its equipment, software and data. 8. DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN SECTION 7, ESO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, TITLE, NON- INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ESO DOES NOT REPRESENT OR WARRANT THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE, OR THAT THE SOFTWARE (X) WILL PERFORM WITHOUT INTERRUPTION OR ERROR, OR (Y) IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7, CUSTOMER ACCEPTS THE SOFTWARE “AS-IS” AND “AS AVAILABLE.” 9. CONFIDENTIALITY 9.1. “Confidential Information” refers to the following items: (a) any document marked “Confidential”; (b) any information orally designated as “Confidential” at the time of disclosure, provided the disclosing party confirms such designation in writing within five business days; (c) the Software and Documentation, whether or not designated confidential; (d) ESO’s security controls, policies, procedures, audits, or other information concerning ESO’s internal security posture; (e) any other nonpublic, sensitive information reasonably treated as trade secret or otherwise confidential; and (f) Customer Data which does not comprise PHI . Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in the other party’s possession at the time of disclosure free of duty of non-disclosure; (ii) is independently developed without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of the receiving party’s improper action or inaction; (iv) is approved for release in writing by the disclosing party; or (v) PHI (which shall be governed by the Business Associate Agreement rather than this Section). 9.2. Nondisclosure. Each party shall use Confidential Information of the other party solely to fulfill the terms of this Agreement (the “Purpose”). Each party shall (a) ensure that its employees or contractors are bound by confidentiality obligations no less restrictive than those contained herein, and (b) not disclose Confidential Information to any other third party without prior written consent from the disclosing party. Without limiting the generality of the foregoing, the receiving party shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. A receiving party shall promptly notify the disclosing party of any misuse or misappropriation of Confidential Information of which it is aware. 9.3. Termination & Return. With respect to each item of Confidential Information, the obligations of nondisclosure will terminate three years after the date of disclosure; provided that, such obligations related to Confidential Information constituting ESO’s trade secrets shall continue so long as such information remains subject to trade secret protection pursuant to applicable law. Upon termination of this Agreement, a party shall return all copies of Confidential Information to the other or certify the destruction thereof. 9.4. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. 9.5. Open Records and Other Laws. Notwithstanding anything in this Section to the contrary, the parties expressly acknowledge that Confidential Information may be disclosed if such Confidential Information is required to be disclosed by law, a lawful public records request, or judicial order, provided that prior to such disclosure, written notice of such required disclosure shall be given promptly and without unreasonable delay by the receiving party in order to give the disclosing party the opportunity to object to the disclosure and/or to seek a protective order. The receiving party shall reasonably cooperate in this effort. In addition, Customer may disclose the contents of this Agreement solely for the purpose of completing its review and approval processes under its local rules, if applicable. 10. Intentionally omitted. 11. Intentionally omitted. 12. Intentionally omitted. 13. CUSTOMER DATA & PRIVACY 13.1. Ownership of Data. As between ESO and Customer, all Customer Data shall be owned by Customer. 13.2. Use of Customer Data. Unless it receives Customer’s prior written consent, ESO shall not: (a) access, process, or otherwise use Customer Data; and (b) intentionally grant any third-party access to Customer Data, including without limitation ESO’s other customers, except subcontractors that are subject to a reasonable nondisclosure agreement or authorized participants in the case of Interoperability Software. Notwithstanding the foregoing, ESO may use and disclose Customer Data to fulfill its obligations under this Agreement or as required by applicable law or legal or governmental authority. ESO shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense. 13.3. Anonymized Data. CUSTOMER ACKNOWLEDGES AND AGREES THAT, NOTWITHSTANDING ANY OTHER PROVISION HEREIN, ESO MAY USE ANONYMIZED DATA FOR INTERNAL AND EXTERNAL PURPOSES (INCLUDING BENCHMARKING AND RESEARCH), PROVIDED THAT ESO WILL NOT SELL ANONYMIZED DATA TO THIRD PARTIES FOR COMMERCIAL USE. Without limiting the foregoing, ESO will own all right, title and interest in all Intellectual Property of any aggregated and de-identified reports, summaries, compilations, analysis, statistics or other information derived therefrom. 13.4. Risk of Exposure. Customer acknowledges and agrees that hosting data online involves risks of unauthorized disclosure and that, in accessing and using the SaaS, Customer assumes such risks. Customer has sole responsibility for obtaining, maintaining, and securing its network connections. ESO makes no representations to Customer regarding the reliability, performance or security of any network or provider. 14. FEEDBACK RIGHTS & WORK PRODUCT 14.1. Feedback Rights. ESO does not agree to treat as confidential any Feedback that Customer provides to ESO. Nothing in this Agreement will restrict ESO’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensation or crediting Customer. Feedback will not constitute Confidential Information, even if it would otherwise qualify as such pursuant to Section 9 (Confidential Information). 14.2. Work Product Ownership. In the event Customer hires ESO to perform Professional Services, ESO alone shall hold all right, title, and interest to all proprietary and intellectual property rights of the Deliverables (including, without limitation, patents, trade secrets, copyrights, and trademarks), as well as title to any copy of software made by or for Customer (if applicable). Customer hereby explicitly acknowledges and agrees that nothing in this Agreement or a separate SOW gives the Customer any right, title, or interest to the intellectual property or proprietary know-how of the Deliverables. 15. GOVERNMENT PROVISIONS 15.1. Compliance with Laws. Both parties shall comply with and give all notices required by all applicable federal, state and local laws, ordinances, rules, regulations and lawful orders of any public authority bearing on use of the Software and the performance of this Agreement 15.2. Business Associate Addendum. The parties agree to the terms of the Business Associate Addendum attached hereto as Exhibit C and incorporated herein by reference. Page4 ESO MSLA v.20190715 CONFIDENTIAL 15.3. Equal Opportunity. The parties shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a), and the posting requirements of 29 CFR Part 471, appendix A to subpart A, if applicable. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. 15.4. Excluded Parties List. ESO agrees to immediately report to Customer if an employee or contractor is listed by a federal agency as debarred, excluded or otherwise ineligible for participation in federally funded health care programs. 16. PHI ACCURACY & COMPLETENESS 16.1. ESO provides the Software to allow Customer (and its respective Users) to enter, document, and disclose Customer Data, and as such, ESO gives no representations or guarantees about the accuracy or completeness of Customer Data (including PHI) entered, uploaded or disclosed through the Software. 16.2. Customer is solely responsible for any decisions or actions taken involving patient care or patient care management, whether those decisions or actions were made or taken using information received through the Software. 17. MISCELLANEOUS 17.1. Independent Contractors. The parties are independent contractors. Neither party is the agent of the other, and neither may make commitments on the other’s behalf. The parties agree that no ESO employee or contractor is or will be considered an employee of Customer. 17.2. Notices. Notices provided under this Agreement must be in writing and delivered by (a) certified mail, return receipt requested to a party’s principal place of business as forth in the recitals on page 1 of this Agreement, (b) hand delivered, (c) facsimile with receipt of a "Transmission Confirmed" acknowledgment, (d) e-mail to a person designated in writing by the receiving party, or (e) delivery by a reputable overnight carrier service. In the case of delivery by facsimile or e-mail, the notice must be followed by a copy of the notice being delivered by a means provided in (a), (b) or (e). The notice will be deemed given on the day the notice is received. 17.3. Merger Clause. In entering into this Agreement, neither party is relying upon any representations or statements of the other that are not fully expressed in this Agreement; rather each party is relying on its own judgment and due diligence and expressly disclaims reliance upon any representations or statement not expressly set forth in this Agreement. In the event the Customer issues a purchase order, letter or any other document addressing the Software or Services to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such writing is for the Customer’s internal purposes only, and that any terms, provisions, and conditions contained therein shall in no way modify this Agreement. 17.4. Intentionally omitted. 17.5. Intentionally omitted. 17.6. Intentionally omitted. 17.7. Force Majeure. No delay, failure, or default will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control (collectively, “Force Majeure”). In such event, however, the delayed party must promptly provide the other party notice of the Force Majeure. The delayed party’s time for performance will be excused for the duration of the Force Majeure, but if the event last longer than 30 days, the other party may immediately terminate the applicable Software Schedule. 17.8. Marketing. If requested by ESO, Customer agrees to reasonably cooperate with ESO’s preparation and issuance of a public announcement regarding the relationship of the parties. 17.9. Intentionally omitted. 17.10. Survival of Terms. Unless otherwise stated, all of ESO’s and Customer’s respective obligations, representations and warranties under this Agreement which are not, by the expressed terms of this Agreement, fully to be performed while this Agreement is in effect shall survive the termination of this Agreement. 17.11. Ambiguous Terms. This Agreement will not be construed against any party by reason of its preparation. 17.12. Intentionally omitted. 17.13. Bench Trial. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. 17.14. No Class Actions. NEITHER PARTY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER ESO CUSTOMERS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 17.15. Limitation Period. Neither party shall be liable for any claim brought more than two years after the cause of action for such claim first arose. 17.16. Dispute Resolution. Customer and ESO will attempt to resolve any Dispute through negotiation or by utilizing a mediator agreed to by the parties, rather than through litigation. Negotiations and mediations will be treated as confidential. If the parties are unable to reach a resolution within 30 days of notice of the Dispute to the other party, the parties may pursue all other courses of action available at law or in equity. 17.17. Technology Export. Customer shall not: (a) permit any third party to access or use the Software in violation of any U.S. law or regulation; or (b) export any software provided by ESO or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the Software in, or export such software to, a country subject to a United States embargo (as of the Effective Date - Cuba, Iran, North Korea, Sudan, and Syria). 17.18. Intentionally omitted. 17.19. Counterparts. This Agreement may be executed in one or more counterparts. Each counterpart will be an original, and all such counterparts will constitute a single instrument. 17.20. Signatures. Electronic signatures on this Agreement or on any Addendum (or copies of signatures sent via electronic means) are the equivalent of handwritten signatures. Page5 ESO MSLA v.20190715 CONFIDENTIAL IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. ESO Solutions, Inc. Customer By: By: (signature) (signature) Name: Name: (print name) (print name) Title: Title: (print title) (print title) Page6 ESO MSLA v.20190715 CONFIDENTIAL EXHIBIT A LICENSED SOFTWARE SCHEDULE (Applications – ESO Billing, ESO Dispatch, FIREHOUSE by ESO, IFC Codes) 1. The Licensed Software term shall begin the earlier of 90 calendar days after the Effective Date or the first day the Licensed Software is used in production mode (“Activation Date”). Customer shall be deemed to have accepted the Licensed Software on the Activation Date. The parties will make reasonable efforts to ensure that Customer is able to use the Licensed Software as quickly as possible, but in no event will the Activation Date be modified for implementation delays. 2. The following Licensed Software may be ordered under this Exhibit: 2.1. ESO Billing is on premise software for EMS billing (http://www.esosolutions.com/software/billing). 2.2. ESO Dispatch is on premise software for medical dispatch and transports (http://www.esosolutions.com/software/dispatch). 3. The following Third-Party Data may be ordered under this Exhibit: 2018 International Fire Code, 2015 International Fire Code 2012 International Fire Code. 4. Third-Party Payer is responsible for the following products and Fees: N/A 5. Customer hereby agrees to timely pay for the following products according to the schedule below: 6. All Fees above will be invoiced by ESO as follows: 6.1. Training and Training Travel Fees, if any, shall be invoiced on the Effective Date. 6.2. During the first year, the remaining Fees shall be due on the Activation Date. 6.3. During the second year and any renewal years thereafter, 100% of the recurring Fees shall be due on the anniversary of the Activation Date. Page7 ESO MSLA v.20190715 CONFIDENTIAL EXHIBIT B SUPPORT SERVICES ADDENDUM 1. DEFINITIONS. Capitalized terms not defined below shall have the same meaning as in the General Terms & Conditions. 1.1. “Enhancement” means a modification, addition or new release of the Software that when added to the Software, materially changes its utility, efficiency, functional capability or application. 1.2. “E-mail Support” means ability to make requests for technical support assistance by e-mail at any time concerning the use of the then-current release of Software. 1.3. “Error” means an error in the Software, which significantly degrades performance of such Software as compared to ESO’s then-published Documentation. 1.4. “Error Correction” means the use of reasonable commercial efforts to correct Errors. 1.5. “Fix” means the repair or replacement of object code for the Software or Documentation to remedy an Error. 1.6. “Initial Response” means the first contact by a Support Representative after the incident has been logged and a ticket generated. This may include an automated email response depending on when the incident is first communicated. 1.7. “Management Escalation” means, if the initial Workaround or Fix does not resolve the Error, notification of management that such Error(s) have been reported and of steps being taken to correct such Error(s). 1.8. “Severity 1 Error” means an Error which renders the Software completely inoperative (e.g., a User cannot access the Software due to unscheduled downtime or an Outage). 1.9. “Severity 2 Error” means an Error in which Software is still operable; however, one or more significant features or functionality are unavailable (e.g., a User cannot access a core component of the Software). 1.1. “Severity 3 Error” means any other error that does not prevent a User from accessing a significant feature of the Software (e.g., User is experiencing latency in reports). 1.2. “Severity 4 Error” means any error related to Documentation or a Customer Enhancement request. 1.3. “Status Update” means if the initial Workaround or Fix cannot resolve the Error, notification of the Customer regarding the progress of the Workaround or Fix. 1.4. “Online Support” means information available through ESO’s website (www.esosolutions.com), including frequently asked questions and bug reporting via Live Chat. 1.5. “Support Representative” shall be ESO employee(s) or agent(s) designated to receive Error notifications from Customer, which Customer’s Administrator has been unable to resolve. 1.6. “Update” means an update or revision to Software, typically for Error Correction. 1.7. “Upgrade” means a new version or release of Software or a particular component of Software, which improves the functionality or which adds functional capabilities to the Software and is not included in an Update. Upgrades may include Enhancements. 1.8. “Workaround” means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer’s use of the Software. 2. SUPPORT SERVICES. 2.1. Customer will provide at least one administrative employee (the “Administrator” or “Administrators”) who will handle all requests for first-level support from Customer’s employees with respect to the Software. Such support is intended to be the “front line” for support and information about the Software to Customer’s Users. ESO will provide training, documentation, and materials to the Administrator to enable the Administrator to provide technical support to Customer’s Users. The Administrator will notify a Support Representative of any Errors that the Administrator cannot resolve and assist ESO in information gathering. 2.2. ESO will provide Support Services consisting of (a) Error Correction(s); Enhancements, Updates and Upgrades that ESO, in its discretion, makes generally available to its customers without additional charge; and (c) E-mail Support, telephone support, and Online Support. ESO may use multiple forms of communication for purposes of submitting periodic status reports to Customer, including but not limited to, messages in the Software, Page8 ESO MSLA v.20190715 CONFIDENTIAL messages appearing upon login to the Software or other means of broadcasting Status Update(s) to multiple customers affected by the same Error, such as a customer portal. 2.3. ESO’s support desk will be staffed with competent technical consultants who are trained in and thoroughly familiar with the Software and with Customer’s applicable configuration. Telephone support and all communications will be delivered in intelligible English. 2.4. Normal business hours for ESO’s support desk are Monday through Friday 7:00 am to 7:00 pm CT. Customer will receive a call back from a Support Representative after-hours for a Severity 1 Error. 3. ERROR PRIORITY LEVELS. Customer will report all Errors to ESO via e-mail (support@esosolutions.com) or by telephone (866-766-9471, option #3). ESO shall exercise commercially reasonable efforts to correct any Error reported by Customer in accordance with the priority level reasonably assigned to such Error by ESO. 3.1. Severity 1 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within four hours; (iii) initiate Management Escalation promptly; and (iv) provide Customer with a Status Update within four hours if ESO cannot resolve the Error within four hours. 3.2. Severity 2 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within eight hours; (iii) initiate Management Escalation within 48 hours if unresolved; and (iv) provide Customer with a Status Update within forty-eight hours if ESO cannot resolve the Error within forty-eight hours. 3.3. Severity 3 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within three business days; and (iii) provide Customer with a Status Update within seven calendar days if ESO cannot resolve the Error within seven calendar days. 3.4. Severity 4 Error. ESO shall (i) provide an Initial Response within seven calendar days. 4. CONSULTING SERVICES. If ESO reasonably believes that a problem reported by Customer is not due to an Error in the Software, ESO will so notify Customer. At that time, Customer may request ESO to proceed with a root cause analysis at Customer’s expense as set forth herein or in a separate SOW. If ESO agrees to perform the investigation on behalf of Customer, then ESO’s then-current and standard consulting rates will apply for all work performed in connection with such analysis, plus reasonable related expenses incurred. For the avoidance of doubt, Consulting Services will include customized report writing by ESO on behalf of Customer. 5. EXCLUSIONS. 5.1. ESO shall have no obligation to perform Error Corrections or otherwise provide support for: (i) Customer’s repairs, maintenance or modifications to the Software (if permitted); (ii) Customer’s misapplication or unauthorized use of the Software; (iii) altered or damaged Software not caused by ESO; (iv) any third-party software; (v) hardware issues; (vi) Customer’s breach of the Agreement; and (vii) any other causes beyond the ESO’s reasonable control. 5.2. ESO shall have no liability for any changes in Customer’s hardware or software systems that may be necessary to use the Software due to a Workaround or Fix. 5.3. ESO is not required to perform any Error Correction unless ESO can replicate such Error on its own software and hardware or through remote access to Customer’s software and hardware. 5.4. Customer is solely responsible for its selection of hardware, and ESO shall not be responsible the performance of such hardware even if ESO makes recommendations regarding the same. 6. MISCELLANEOUS. The parties acknowledge that from time-to-time ESO may update its support processes specifically addressed in this Exhibit and may do so by posting such updates to ESO’s website or otherwise notifying Customer of such updates. Customer will accept updates to ESO’s support procedures and any other terms in this Exhibit; provided however, that they do not materially decrease the level of Support Services that Customer will receive from ESO. THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A PRODUCT WARRANTY. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. Page9 ESO MSLA v.20190715 CONFIDENTIAL EXHIBIT C HIPAA BUSINESS ASSOCIATE ADDENDUM Customer and ESO Solutions, Inc. ("Business Associate") agree that this HIPAA Business Associate Addendum is entered into for the benefit of Customer, which is a covered entity under the Privacy Standards ("Covered Entity"). Pursuant to the Master Subscription and License Agreement (the “Agreement”) into which this HIPAA Business Associate Addendum (this “Addendum”) has been incorporated, Business Associate may perform functions or activities involving the use and/or disclosure of PHI on behalf of the Covered Entity, and therefore, Business Associate may function as a business associate. Business Associate, therefore, agrees to the following terms and conditions. 1. Scope. This Addendum applies to and is hereby automatically incorporated into all present and future agreements and relationships, whether written, oral or implied, between Covered Entity and Business Associate, pursuant to which PHI is created, maintained, received or transmitted by Business Associate from or on behalf of Covered Entity in any form or medium whatsoever. 2. Definitions. For purposes of this Addendum, the terms used herein, unless otherwise defined, shall have the same meanings as used in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), or the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and any amendments or implementing regulations, (collectively "HIPAA Rules"). 3. Compliance with Applicable Law. The parties acknowledge and agree that, beginning with the relevant effective date, Business Associate shall comply with its obligations under this Addendum and with all obligations of a business associate under HIPAA, HITECH, the HIPAA Rules, and other applicable laws and regulations, as they exist at the time this Addendum is executed and as they are amended, for so long as this Addendum is in place. 4. Permissible Use and Disclosure of PHI. Business Associate may use and disclose PHI as necessary to carry out its duties to a Covered Entity pursuant to the terms of the Agreement and as required by law. Business Associate may also use and disclose PHI (i) for its own proper management and administration, and (ii) to carry out its legal responsibilities. If Business Associate discloses Protected Health Information to a third party for either above reason, prior to making any such disclosure, Business Associate must obtain: (i) reasonable assurances from the receiving party that such PHI will be held confidential and be disclosed only as required by law or for the purposes for which it was disclosed to such receiving party; and (ii) an agreement from such receiving party to immediately notify Business Associate of any known breaches of the confidentiality of the PHI. 5. Limitations on Use and Disclosure of PHI. Business Associate shall not, and shall ensure that its directors, officers, employees, subcontractors, and agents do not, use or disclose PHI in any manner that is not permitted by the Agreement or that would violate Subpart E of 45 C.F.R. 164 ("Privacy Rule") if done by a Covered Entity. All uses and disclosures of, and requests by, Business Associate for PHI are subject to the minimum necessary rule of the Privacy Rule. 6. Required Safeguards to Protect PHI. Business Associate shall use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164 ("Security Rule") with respect to electronic PHI, to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of this Addendum. 7. Reporting to Covered Entity. Business Associate shall report to the affected Covered Entity without unreasonable delay: (a) any use or disclosure of PHI not provided for by the Agreement of which it becomes aware; (b) any breach of unsecured PHI in accordance with 45 C.F.R. Subpart D of 45 C.F.R. 164 ("Breach Notification Rule"); and (c) any security incident of which it becomes aware. With regard to Security Incidents caused by or occurring to Business Associate, Business Associate shall cooperate with the Covered Entity's investigation, analysis, notification and mitigation activities, and except for Security Incidents caused by Covered Entity, shall be responsible for reasonable costs incurred by the Covered Entity for those activities. Notwithstanding the foregoing, Covered Entity acknowledges and shall be deemed to have received advanced notice from Business Associate that there are routine occurrences of: (i) unsuccessful attempts to penetrate computer networks or services maintained by Business Associate; and (ii) immaterial incidents such as “pinging” or “denial of services” attacks. 8. Mitigation of Harmful Effects. Business Associate agrees to mitigate, to the extent practicable, any harmful effect of a use or disclosure of PHI by Business Associate in violation of the requirements of the Agreement, including, but not limited to, compliance with any state law or contractual data breach requirements. 9. Agreements by Third Parties. Business Associate shall enter into an agreement with any subcontractor of Business Associate that creates, receives, maintains or transmits PHI on behalf of Business Associate. Pursuant to such agreement, the subcontractor shall agree to be bound by the same or greater restrictions, conditions, and requirements that apply to Business Associate under this Addendum with respect to such PHI. 10. Access to PHI. Within five business days of a request by a Covered Entity for access to PHI about an individual contained in a Designated Record Set, Business Associate shall make available to the Covered Entity such PHI for so long as such information is maintained by Business Associate in the Designated Record Set, as required by 45 C.F.R. 164.524. In the event any individual delivers directly to Business Associate a request for access to PHI, Business Associate shall within five (5) business days forward such request to the Covered Entity. 11. Amendment of PHI. Within five business days of receipt of a request from a Covered Entity for the amendment of an individual's PHI or a record regarding an individual contained in a Designated Record Set (for so long as the PHI is maintained in the Designated Record Set), Business Associate shall provide such information to the Covered Entity for amendment and incorporate any such amendments in the PHI as required by 45 C.F.R. 164.526. In the event any individual delivers directly to Business Associate a request for amendment to PHI, Business Associate shall within five business days forward such request to the Covered Entity. 12. Documentation of Disclosures. Business Associate agrees to document disclosures of PHI and information related to such disclosures as would be required for a Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. 164.528 and HITECH. Page10 ESO MSLA v.20190715 CONFIDENTIAL 13. Accounting of Disclosures. Within five business days of notice by a Covered Entity to Business Associate that it has received a request for an accounting of disclosures of PHI, Business Associate shall make available to a Covered Entity information to permit the Covered Entity to respond to the request for an accounting of disclosures of PHI, as required by 45 C.F.R. 164.528 and HITECH. 14. Other Obligations. To the extent that Business Associate is to carry out one or more of a Covered Entity's obligations under the Privacy Rule, Business Associate shall comply with such requirements that apply to the Covered Entity in the performance of such obligations. 15. Judicial and Administrative Proceedings. In the event Business Associate receives a subpoena, court or administrative order or other discovery request or mandate for release of PHI, the affected Covered Entity shall have the right to control Business Associate's response to such request, provided that, such control does not have an adverse impact on Business Associate’s compliance with existing laws. Business Associate shall notify the Covered Entity of the request as soon as reasonably practicable, but in any event within seven business days of receipt of such request. 16. Availability of Books and Records. Business Associate hereby agrees to make its internal practices, books, and records available to the Secretary of the Department of Health and Human Services for purposes of determining compliance with the HIPAA Rules. 17. Breach of Contract by Business Associate. In addition to any other rights a party may have in the Agreement, this Addendum or by operation of law or in equity, either party may: i) immediately terminate the Agreement if the other party has violated a material term of this Addendum; or ii) at the non-breaching party’s option, permit the breaching party to cure or end any such violation within the time specified by the non-breaching party. The non-breaching party’s option to have cured a breach of this Addendum shall not be construed as a waiver of any other rights the non-breaching party has in the Agreement, this Addendum or by operation of law or in equity. 18. Effect of Termination of Agreement. Upon the termination of the Agreement or this Addendum for any reason, Business Associate shall return to a Covered Entity or, at the Covered Entity's direction, destroy all PHI received from the Covered Entity that Business Associate maintains in any form, recorded on any medium, or stored in any storage system. This provision shall apply to PHI that is in the possession of Business Associate, subcontractors, and agents of Business Associate. Business Associate shall retain no copies of the PHI. Business Associate shall remain bound by the provisions of this Addendum, even after termination of the Agreement or Addendum, until such time as all PHI has been returned or otherwise destroyed as provided in this Section. For the avoidance of doubt, de-identified Customer Data shall not be subject to this provision. 19. Injunctive Relief. Business Associate stipulates that its unauthorized use or disclosure of PHI while performing services pursuant to this Addendum would cause irreparable harm to a Covered Entity, and in such event, the Covered Entity shall be entitled to institute proceedings in any court of competent jurisdiction to obtain damages and injunctive relief. 20. Owner of PHI. Under no circumstances shall Business Associate be deemed in any respect to be the owner of any PHI created or received by Business Associate on behalf of a Covered Entity. 21. Safeguards and Appropriate Use of Protected Health Information. Covered Entity is responsible for implementing appropriate privacy and security safeguards to protect its PHI in compliance with HIPAA. Without limitation, it is Covered Entity’s obligation to: 21.1. Not include PHI in information Covered Entity submits to technical support personnel through a technical support request or to community support forums. In addition, Business Associate does not act as, or have the obligations of a Business Associate under the HIPAA Rules with respect to Customer Data once it is sent to or from Covered Entity outside ESO’s Software over the public Internet; and 21.2. Implement privacy and security safeguards in the systems, applications, and software Covered Entity controls, configures and connects to ESO’s Software. 22. Third Party Rights. The terms of this Addendum do not grant any rights to any parties other than Business Associate and the Covered Entity. 23. Signatures. The signatures to the Agreement (or the document evidencing the parties’ adoption thereof) indicate agreement hereto and shall be deemed signatures hereof, whether manual, electronic or facsimile. RFP No. 2325 - Records Management System for CCFD Minerva Alvarado Proposal Evaluation ESO ImageTrend Minimum Qualifications Pass/Fail Pass Pass Licensing Required five years in Business No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal (40 points)37 39 Firms' Experience (13 points) Team Experience (13 points) Understanding of Project Scope (14 points) Demonstration (40 points) Demonstration (40 points)36 38 Firms' Experience (8 points) Team Experience (5 points) Understanding of Project Requirements (27 points) Pricing (20 points)20 3 Total 93 80 DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3932 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year license agreement with Everbridge, Inc., of Pasadena, California, in an amount not to exceed $395,232.00, for the Reverse Alert mass notification system for the Emergency Operations Center (EOC), effective upon issuance of a notice to proceed, with first-year funding in the amount of $81,632.00 available in the FY2020 Local Emergency Planning Committee (LEPC) fund. SUMMARY: This motion authorizes a five-year license agreement with Everbridge, Inc. to provide Reverse Alert mass notification for the EOC procured through the General Service Administration Cooperative. BACKGROUND AND FINDINGS: Reverse Alert is the mass notification system that provides Nueces County communities with alert updates from local officials during emergencies. The goal is to inform the public by alerting them during times of disaster, threats to public safety, beach notifications, industrial notifications, fire emergencies, evacuations, and provide updates of the incidents. Two new enhancements to the system will be included; Community Engagement Module and Incidents Management Module. Reverse Alert Mass Notification System AGENDA MEMORANDUM Action Item for the City Council Meeting December 10, 2019 The procurement is through the GSA (General Service Administration). Contracts awarded through the GSA have been competitively procured in compliance with Texas Local and State procurement requirements. ALTERNATIVES: An alternative would be not to secure a license agreement with Everbridge, Inc. for the Reverse Alert Mass Notification System. However, this would be critical to the community, since the capability of mass notification to citizens of Nueces County of emergency conditions may be limited. FISCAL IMPACT: The fiscal impact for the Fire Department in FY2020 is $81,632.00 from the LEPC Fund for a five-year license agreement with Everbridge, Inc. with the remaining $313,600.00 budgeted in future years through the annual budget process. FUNDING DETAIL: Fund:6060 LEPC Organization/Activity:21901 Reverse Alert System Mission Element:095 Mng Emergency Operations & EOC Project # (CIP Only): n/a Account:530500 Printing Advertising & PR RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year agreement with Everbridge, Inc. of Pasadena, California for Reverse Alert mass notification system as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet License Agreement Addendum City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Reverse Alert for EOC GSA 357-0692P Item Description Qty Price 1 Mass Notification Year 1 1 78,400.00$ 2 Professional Services Year 1 1 3,232.00$ 3 Mass Notification Year 2 1 78,400.00$ 4 Mass Notification Year 3 1 78,400.00$ 5 Mass Notification Year 4 1 78,400.00$ 6 Mass Notification Year 5 1 78,400.00$ 395,232.00$ Addendum to GSA Approved End User License Agreement This Addendum shall modify the agreement between the City of Corpus Christi (the “City” or “Customer”) and Everbridge, Inc. and shall supplement the GSA Approved End User License Agreement (the “Agreement”). To the extent that any of these terms are inconsistent with the terms of the Agreement, the terms in this addendum shall govern. 1. Non-Appropriation. The continuation of the Agreement after the close of any fiscal year of the Customer, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering the Agreement as an expenditure in said budget, and it is within the sole discretion of the Customer’s City Council to determine whether or not to fund the Agreement. The Customer does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. City of Corpus Christi Signature: __________________________________________ Print Name: ___________________________________________ Title: _________________________ Date: ____________ Everbridge, Inc. Signature: __________________________________________ Print Name: _________________________________________ Title: ___________________________ Date: ___________ DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1919 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a five-year supply agreement with Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount not to exceed $937,500.00 for the purchase of John Deere construction equipment parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $156,250.00 available through the Fleet Maintenance Service Fund. SUMMARY: This Resolution authorizes a five-year supply agreement with Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas to provide John Deere construction equipment parts stocked by the Asset Management Department for repairs of heavy equipment by Fleet Maintenance on John Deere construction equipment as a sole-source purchase. Use of these parts is essential to effect necessary and timely repairs. BACKGROUND AND FINDINGS: The Asset Management Department utilizes John Deere construction equipment parts for the repair and maintenance of associated equipment. Asset Management performs the majority of vehicle and equipment repairs in-house. Acquisition of these parts is essential to ensure the prosecution of a successful and timely maintenance effort of this equipment. Furthermore, a ready supply of these parts will ensure a continued high operational readiness of John Deere construction equipment. Parts for John Deere Construction Equipment AGENDA MEMORANDUM Action Item for the City Council Meeting December 10, 2019 This is a sole source purchase as these parts are unique to John Deere construction equipment. Doggett Heavy Machinery Services, LLC is the fully authorized provider for these parts; therefore, this is a sole source purchase. ALTERNATIVES: An alternative would be to not secure a long-term supply agreement. However, the Asset Management Department would have to purchase on individual purchase orders the construction equipment parts on an as needed basis, which would not be as productive. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is estimated at $156,250.00 for this five-year supply agreement. The remaining $781.250.00 will be budgeted in future years through the annual budget process. Funding Detail: Fund:5110 Fleet Maint Svc Organization/Activity:40180 Parts Room Operation Mission Element:202 Maintain the Fleet Project # (CIP Only): N/A Account:520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year supply agreement, in an amount $937,500.00 with Doggett Heavy Machinery Services, LLC for the purchase of John Deer construction equipment parts as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Supply Agreement Page 1 of 2 Resolution authorizing a five-year supply agreement with Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount not to exceed $937,500.00 for the purchase of John Deere construction equipment parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $156,250.00 available through the Fleet Maintenance Service Fund. WHEREAS, the Parts for John Deere construction equipment will be purchased for use by Asset Management personnel; WHEREAS, this item is for John Deere construction equipment parts used by Asset Management personnel to repair City vehicles and equipment; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality’s residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a five-year supply agreement with Doggett Heavy Machinery Services, LLC for the purchase of Parts for John Deere construction equipment, for a total amount not to exceed $937,500.00 Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2019: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Supply Agreement Standard Form Page 1 of 7 SUPPLY AGREEMENT NO. 2422 Parts for John Deere Construction Equipment THIS Parts for John Deere Construction Equipment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Doggett Heavy Machinery Services, LLC. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Parts for John Deere Construction Equipment in response to Request for Bid No. SS2422 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Parts for John Deere Construction Equipment in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for five years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $937,500.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance , subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Frank Olvera Department: Asset Management/Fleet Maintenance Phone: 361-826-1917 or 361-815-5901 Email: FranciscoO@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted, if at all, by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Frank Olvera Title: Vehicle and Equipment Admin Inspector Address: 5352 Ayers, Bldg 3B, Corpus Christi, TX 78405 Phone: 361-826-1917 or 361-815-5901 Fax: 361-826-4596 IF TO CONTRACTOR: Doggett Heavy Machinery Services Attn: Drew Schuelke Title: Sales Rep Address: 6134 N. Padre Island Dr., Corpus Christi, TX 78406 Phone: 361-212-1280 Fax: 361-289-7229 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT BY CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE Supply Agreement Standard Form Page 5 of 7 CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS TO THE EXTENT ATTRIBUTABLE TO CONTRACTOR’S ACTS OR OMISSIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the Ci ty Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Supply Agreement Standard Form Page 6 of 7 Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 1 of 1 RFQ Revised 4.19.2019 ATTACHMENT A: SCOPE OF WORK 1.General Requirements/Background Information The City’s Asset Management Department uses and stocks parts for John Deere construction equipment for in-house repairs. 2.Scope of Work The Contractor shall provide John Deere construction equipment parts on an as needed basis. Parts may include but are not limited to filters, breaks and engine parts. 3.Contractor Quality Control and Superintendence All parts for John Deere construction equipment will be defect free, properly packed and shipped to ensure a safe delivery. 4.Invoicing Materials shall be provided to the City at Cost and allowable contract mark up. The Contractor shall include copies of receipts as back-up for each invoice. 5.Special Instructions A.Ordering and Delivery 1.Contractor shall have a permanent, principal place of business, in which the service is provided, within the city limits of Corpus Christi, Texas. 2.City will place an order on as needed basis. 3.Contractor shall deliver parts between the hours of 8:00AM to 5:00PM 4.Contractor shall deliver in-stock parts the same day for orders placed before 2:00PM and 5:00PM 5.Contractor shall deliver in-stock parts the following day for orders place after 2:00PM 6.Contractor shall deliver parts to the City Garage, City Service Center located at 5352 Ayers St. Building 3B, Corpus Christi, Texas 78415. 7.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 8.If any items found defective, unusable or inoperable to the condition, Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 9.Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor’s inability to deliver the product within the set time frame. 10.Cancellations shall be in writing and sent to Contractor by email, fax or mail. 11.No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor’s inability to meet the deadline delivery date. B.Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 1 of 3 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor 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 Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions:  List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy;  Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy;  Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and  Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 3 of 3 E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor'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 Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: CINDY RAMOS DESCRIPTION Annual Estimated Spend Markup % Estimated Spend + Markup Qty Unit Total John Deere construction equipment parts $150,000 25% $187,500 5 Yr $937,500 $937,500 Price Sheet Supply Agreement for John Deere Construction Equipment Parts Sole Source- Doggett Heavy Machinery Services, LLC., Corpus Christi, Texas Grand Total Project No.: 18067A 1 PM Legistar No.: 19-1484 Rev. 1 – 11/08/2019 AGENDA MEMORANDUM Action Item for the City Council Meeting of December 10, 2019 DATE:October 23, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, P.E., Director of Water Utilities dang@cctexas.com (361) 826-1718 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a contract to Associated Construction Partners, Ltd. of Boerne, Texas in the amount of $3,118,590 to upgrade the headworks and odor control systems for the Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation Project located in Council District 3, effective upon notice to proceed with funding available through FY 2020 Wastewater Capital Reserves Fund. SUMMARY: This action will award a construction contract to replace bar screens, grit removal equipment, rehabilitate concrete walls and odor control covers at the Greenwood Wastewater Treatment Plant (WWTP) as part of the Headworks and Grit Removal Rehabilitation Project. BACKGROUND AND FINDINGS: The Greenwood WWTP was constructed in 1957 with 2 Million Gallon per Day (MGD) capacity and was expanded to 6 MGD capacity in 1988 which included construction of a single mechanical bar screen and grit removal equipment. Another 2 MGD expansion occurred in 1999 that included construction of a second mechanical bar screen, grit removal equipment, and the first odor control system. The last major upgrade at the plant occurred in 2016 with replacement of the Odor Control Treatment Unit. The remaining structures and equipment are beyond their useful life and cannot be economically maintained. The deteriorated condition of the headworks impacts plant Construction Contract Greenwood WWTP Headworks and Grit Removal Rehabilitation Project No.: 18067A 2 PM Legistar No.: 19-1484 Rev. 1 – 11/08/2019 capacity, operational cost and Texas Commission on Environmental Quality (TCEQ) Discharge Permit compliance. This project consists of the removal and replacement of mechanical and manual bar screens, grit removal equipment, grit classifiers, grit pumps, valves and piping, aluminum covers, slide gates, handrails and electrical gear, conduit and wiring, rehabilitation of the concrete walls and new epoxy coating, concrete wall and beam replacement, new concrete pavement, control of flow pumping and miscellaneous items of work required to complete project in accordance with plans, specifications and contract documents PROJECT TIMELINE: A S O N D J F M A M J J A S O N D 2019 2020 Bid/ Award Construction This project schedule reflects City Council award in December 2019 with anticipated completion in December 2020. COMPETITIVE SOLICITATION PROCESS: On September 25, 2019 the City received three bids. All were considered responsive. The City analyzed the bids in accordance with the contract documents and determined Associated Construction Partners, Ltd., is the lowest responsive and responsible bidder. A summary of the bids is provided below. BID SUMMARY –BASE BID CONTRACTOR BID AMOUNT Associated Construction Partners Ltd. Boerne, Texas $3,118,590 J.S. Haren Company Athens, Tennessee $3,347,000 CSA Construction, Inc Houston, Texas $3,854,000 Engineer’s Opinion of Probable Cost $4,398,800 ALTERNATIVES: An alternative is to not award the construction contract to the low-bidder, Associated Construction Partners, Ltd. Not awarding the construction contract and rebidding the project would delay the needed improvements and could result in increased construction costs. FINANCIAL IMPACT: This item proposes to award a construction contract to Associated Construction Partners, Ltd., in the amount of $3,118,590 for the construction phase of Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation Project. Project funds are available in FY 2020 Wastewater Capital Reserve Funds. The project is located in City Council District 3 and the contract is effective upon issuance of a notice to proceed. Project No.: 18067A 3 PM Legistar No.: 19-1484 Rev. 1 – 11/08/2019 FUNDING DETAIL: Funding details include: Fund: Wastewater Capital Reserve (Fund 4510) Mission Element: Wastewater Collection System (ME 042) Project: Greenwood WWTP Headworks and Grit Removal Rehabilitation (18067A) Account: Construction (550910) Activity: 18067-A-4510-EXP Amount: $3,118,590 RECOMMENDATION: City staff and the City’s A/E Consultant, Urban Engineering, recommend awarding low bidder, Associated Construction Partners Inc., of Boerne, Texas a construction contract in the amount of $3,118,590 for the Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation Project. LIST OF SUPPORTING DOCUMENTS: Location Maps Letter of Recommendation Bid Tabs 37 181 PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LOCATION MAP NOT TO SCALE Project: 18067A Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES VICINITY MAP NOT TO SCALE Project: 18067A Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation Greenwood DrSar a t o g a B l v d Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation TABULATION BY: URBAN ENGINEERING Mark Maroney, P. E. DATE: September 25, 2019 at 2:00pm. ITEM DESCRIPTION QTY.UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 Mobilization (Max. 5%)1 LS 110,000.00$ 110,000.00$ 125,000.00$ 125,000.00$ 185,000.00$ 185,000.00$ A2 Bonds and Insurance 1 LS 175,000.00$ 175,000.00$ 110,000.00$ 110,000.00$ 60,000.00$ 60,000.00$ A3 Allowance for Unanticipated Work 1 LS 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 335,000.00$ 285,000.00$ 295,000.00$ B1 8" Limestone Base 40 SY 50.00$ 2,000.00$ 20.00$ 800.00$ 75.00$ 3,000.00$ B2 6" Thick 3000 psi Concrete Pavement 40 SY 200.00$ 8,000.00$ 50.00$ 2,000.00$ 150.00$ 6,000.00$ B3 6" Concrete Block Curb 75 LF 30.00$ 2,250.00$ 20.00$ 1,500.00$ 25.00$ 1,875.00$ B4 Concrete Sidewalk 120 SF 15.00$ 1,800.00$ 20.00$ 2,400.00$ 30.00$ 3,600.00$ B5 Relocate Existing PVC Odor Duct Piping 1 LS 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 21,000.00$ 21,000.00$ 19,050.00$ 11,700.00$ 35,475.00$ C1 Headworks Improvements 1 LS 1,269,000.00$ 1,269,000.00$ 1,594,760.00$ 1,594,760.00$ 1,937,985.00$ 1,937,985.00$ C2 Control of Flow Pumping and Piping 1 LS 150,000.00$ 150,000.00$ 40,000.00$ 40,000.00$ 65,000.00$ 65,000.00$ C3 Grit Removal Equipment (Pre-Selected and as described in Spec. 1E24)1 LS 695,540.00$ 695,540.00$ 695,540.00$ 695,540.00$ 695,540.00$ 695,540.00$ C4 Concrete Structural Restoration 1 LS 250,000.00$ 250,000.00$ 275,000.00$ 275,000.00$ 300,000.00$ 300,000.00$ C5 Concrete Protective Coating 1 LS 150,000.00$ 150,000.00$ 220,000.00$ 220,000.00$ 225,000.00$ 225,000.00$ C6 Electrical Improvements 1 LS 250,000.00$ 250,000.00$ 225,000.00$ 225,000.00$ 300,000.00$ 300,000.00$ 2,764,540.00$ 3,050,300.00$ 3,523,525.00$ 3,118,590.00$ 3,347,000.00$ 3,854,000.00$ TOTAL FOR BASE BID A+B+C = ENGINEER'S ESTIMATE 4,398,800 SUBTOTAL PART C HEADWORKS IMPROVEMENTS Greenwood WWTP Headworks and Grit Removal Rehabilitation Project No. 18067A Part B Site Improvements SUBTOTAL PART B SITE IMPROVEMENTS Part C Headworks Improvements CSA Construction, Inc. 2314 McAllister Road Houston, TX 77092 (713) 686-8868 TABULATION OF BIDS Part A General DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS SUBTOTAL PART A GENERAL TIME OF COMPLETION: 360 CALENDAR DAYS Associated Construction Partners, 215 W Bandera Rd, Ste 114-461 Boerne, TX 78006 (210) 698-8714 J. S. Haren Company 1175 Hwy 11N Athens, TN 37303 (423) 745-5000 1 S:\Projects\25000UP\26175\B800\Bid Phase\BID TAB - Greenwood WWTP Headworks & Grit Removal.xlsx 1 TABULATION BY: URBAN ENGINEERING Mark Maroney, P. E. DATE: September 25, 2019 at 2:00pm. ITEM DESCRIPTION QTY.UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 Mobilization (Max. 5%)1 LS 110,000.00$ 110,000.00$ 125,000.00$ 125,000.00$ 185,000.00$ 185,000.00$ A2 Bonds and Insurance 1 LS 175,000.00$ 175,000.00$ 110,000.00$ 110,000.00$ 60,000.00$ 60,000.00$ A3 Allowance for Unanticipated Work 1 LS 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 335,000.00$ 285,000.00$ 295,000.00$ B1 8" Limestone Base 40 SY 50.00$ 2,000.00$ 20.00$ 800.00$ 75.00$ 3,000.00$ B2 6" Thick 3000 psi Concrete Pavement 40 SY 200.00$ 8,000.00$ 50.00$ 2,000.00$ 150.00$ 6,000.00$ B3 6" Concrete Block Curb 75 LF 30.00$ 2,250.00$ 20.00$ 1,500.00$ 25.00$ 1,875.00$ B4 Concrete Sidewalk 120 SF 15.00$ 1,800.00$ 20.00$ 2,400.00$ 30.00$ 3,600.00$ B5 Relocate Existing PVC Odor Duct Piping 1 LS 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 21,000.00$ 21,000.00$ 19,050.00$ 11,700.00$ 35,475.00$ C1 Headworks Improvements 1 LS 1,269,000.00$ 1,269,000.00$ 1,594,760.00$ 1,594,760.00$ 1,937,985.00$ 1,937,985.00$ C2 Control of Flow Pumping and Piping 1 LS 150,000.00$ 150,000.00$ 40,000.00$ 40,000.00$ 65,000.00$ 65,000.00$ C3 Grit Removal Equipment (Pre-Selected and as described in Spec. 1E24)1 LS 695,540.00$ 695,540.00$ 695,540.00$ 695,540.00$ 695,540.00$ 695,540.00$ C4 Concrete Structural Restoration 1 LS 250,000.00$ 250,000.00$ 275,000.00$ 275,000.00$ 300,000.00$ 300,000.00$ C5 Concrete Protective Coating 1 LS 150,000.00$ 150,000.00$ 220,000.00$ 220,000.00$ 225,000.00$ 225,000.00$ C6 Electrical Improvements 1 LS 250,000.00$ 250,000.00$ 225,000.00$ 225,000.00$ 300,000.00$ 300,000.00$ 2,764,540.00$ 3,050,300.00$ 3,523,525.00$ 3,118,590.00$ 3,347,000.00$ 3,854,000.00$ TABULATION OF BIDS Part A General DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS rmayfield@csacontruction.com SUBTOTAL PART A GENERAL TIME OF COMPLETION: 360 CALENDAR DAYS Associated Construction Partners, 215 W Bandera Rd, Ste 114-461 Boerne, TX 78006 (210) 698-8714 jill@acpartners.org J. S. Haren Company 1175 Hwy 11N Athens, TN 37303 (423) 745-5000 TOTAL FOR BASE BID A+B+C = ENGINEER'S ESTIMATE 4,398,800 SUBTOTAL PART C HEADWORKS IMPROVEMENTS Greenwood WWTP Headworks and Grit Removal Rehabilitation Project No. 18067A Part B Site Improvements SUBTOTAL PART B SITE IMPROVEMENTS Part C Headworks Improvements jsharen@jsharen.com CSA Construction, Inc. 2314 McAllister Road Houston, TX 77092 (713) 686-8868 2019 Associated Construction Partners, Ltd. Success by Design “Partners in Construction” Associated Construction Partners, Ltd. 215 W Bandera Rd, Suite 114-461 Boerne, Texas 78006 Phone: 210-698-8714 Fax: 210-698-8712 www.acpartners.org 215 W Bandera Rd., Suite 114-461 Boerne, TX 78009 Phone: 210-698-8714----Fax: 210-698-8712----www.acpartners.org Executive Summary 1. The Company: The owners and Key Management personnel at Associated Construction Partners, Ltd. bring over 100 years of combined experience to the table with a proven track record of having undertaken and completed many projects for a variety of customer types both in the Government and Private Sectors. This group has worked together specifically as a cohesive team for many years. 2. Project Expertise: Associated Construction Partners, Ltd (ACP) is a Specialty Trade Construction Company Specializing in work which takes place within the Water and Wastewater Treatment Plant and Distribution Industry. The Trade work which ACP specializing in is mostly associated with (1) Mechanical Systems (Pipe, Valves & Fittings, Pumps and other mechanically operated Structures and Equipment), (2) Electrical Automation Systems (Electrical, Controls and Instrumentation), (3) General Trades (Concrete, Site work, Steel and other trades associated with General Construction Work). 3. Certifications: ACP is a “Women Owned Enterprise”. It is currently categorized as a small business concern with SBA and has also received a full HUB certification with the State of Texas, and is a certified TXDOT approved Contractor. (See attached certifications). 4. Customer Base: ACP’s main Customer Base focus is with Public Owned Utility Companies, Municipalities, State of Texas Owned and Operated Facilities, TX DOT and Procurement Divisions of all branches of the Federal Government. However, with the Management background and customer relations of its Owner and Key Employees, ACP will continue to work with selected groups in the private sector. 5. Personnel Resources; The Management group at ACP is depicted on the attached organizational Charts and outlined within the personnel resumes also attached with this document. Company Information as of 04/2019 a. Name of Company: Associated Construction Partners, Ltd. b. Address: 215 Bandera Rd., Suite 114-461 Boerne, TX 78006 c. Phone: 210-698-8714 d. Fax: 210-698-8712 e. Website: www.acpartners.org f. Type of Organization: Texas Based Limited Partnership g. Owners: Jill Simpson, Operating Manager h. Federal ID #: 26-2197773 i. Contractor’s License: As required (electrical, mechanical, plumbing) j. Bonding & Insurance: ACP carries General Liability, Auto, Workers Comp, Umbrella & Equip damage Insurance. The company is a bondable contractor with an aggregate bonding line of $50,000,000 + and $20,000,000 per project. ACP’s Insurance and Bonding lines are represented by Insurance & Bonds, Inc. Contact, Gary Wheatley at 210-696-6688. k. State Sales Tax: ACP is not exempt from state sales tax; except on select projects such as Public owned projects where the associated entity has been given a tax tax exempt status by the state of Texas. Tax Exempt Certificate will be provided in those cases if applicable (material purchases). Associated Construction Partners, Ltd. Associated Construction Partners, LTD (ACP) was organized under the laws of the state of Texas as a Texas Limited Partnership and is considered a “Small Business Concern” as determined by the United States Small Business Administration, Additionally, ACP has registered in all areas required for evaluation and award under Federal Procurement Guidelines, as follows: ❖ Cage Code: 510Y7 ❖ DUNS Number: 807376418 ❖ CCR Number: On File ❖ SBA Pro-Net: On File ❖ Federal Tax payer ID #: 26-2197773 Equipment and Facilities Associated Construction Partners, LTD has set up a shop facility that is in Boerne, Texas at a location within Bexar County and San Antonio’s ETJ. The shop is complete with tools and equipment necessary to undertake and complete its projects 100% with its own forces whenever required. Specific but not all inclusive of equipment inventory (owned or to be leased) will include the following: Cat 416 Backhoes Cat 426 Backhoes Cat 315 Excavators Cat 325 Excavators Link-Belt 30 Ton Crane Whacker; Trench and Earth Compacting Remote operated machinery Concrete Forming equipment Bobcats and complete line of attachments Welding and Service oriented equipment Light crane and hoisting equipment Site work survey equipment Dodge Dually One-ton service vehicles 2004 Terex RF 450 Rough Terrain Crane SN 12241 2007 Ingersoll Rand Single Drum Roller SD 45D SN 194480 Ford F250 2013 #3035 2012 Doosan Crawler Excavator Kobelco SK 210 Excavator YQ13-U5261 Scheduling and Planning: ACP utilizes Microsoft’s Project Manager Software for its scheduling needs. Attention is paid in putting together the initial schedule; data for which is brought together with the input of all staff members involved with the project. All schedules are updated and reviewed Monthly. Quality Assurance: Associated Construction Partners, LTD adopts its quality control procedures from the U.S. Army Corp of Engineers Regulation No. 1180-1-6 “Construction Quality Management” and as specified within section 01451 “Contractor Quality Control” on U.S. Army Corp of Engineer’s Projects in producing a quality control plan. Each plan is tailored specifically to an individual project. Specific to the Corp of Engineer’s method of Quality Control, the following procedures apply to each quality control plan: CQC (Contractor Quality Control): The Quality Control System itself consists of a written Quality Control plan “Inspection of Construction” tailored specifically to the project, and wherein a properly qualified individual, or individuals (as may be required), are identified and directed to comply with t he procedures which are established within the plan. The Individual(s) form the Quality Control Team, which is considered a separate organization from those within the Construction production portion of the management team, and who’s level of authority rea ch to the highest upper management of the company. The CQC system includes insurance of Contract compliance through a 3-step process, as follows: (a) Preparatory Inspection Phase; CQC review and approval of all submittals prior to submission and following with inspections of all materials which are delivered for use to the project site. (b) Initial inspection Phase; CQC review of all definable work to be accomplished, directly before or at the beginning of each such effort, to ensure that all are in agreement with the procedures that will take place during installation efforts. (c). Follow-Up Phase; A daily “follow-up” inspection process that takes place after each major effort is completed, to review and test the effectiveness of the overall Quality Control Plan, and make any adjustments, should it be deemed necessary. Project Safety Program: In addition to the above responsibilities of the CQC, Associated Construction Partners LTD, through a separate written plan “Project Safety Plan”, directs the implementation of all Safety Requirements for the project to the same team. The U.S. Army Corp of Engineers Manual EM385 -1-1 is adopted as a format for the formation and implementation of all required safety procedures, which includes the identification of all areas of the project, all required OSHA requirements applicable to the different efforts and requires weekly safety meetings “tool-box meetings”; wherein all safety issues are reviewed with the entire work force at the site. All field personnel at ACP have OSHA certifications in CPR and “Construction 10 – Hour 1 CEU” OSHA Supervisors training. ACP, through its Owners and Key Personnel themselves has over 100 years combined experience in the Construction business and can comply with any requirements of having completed many projects of the size and type of work it seeks to undertake.; The projects below specifically represent work that has been completed by the entire management group at ACP and demonstrate their experience and capabilities. ACP has never failed to complete a project awarded to them. Please consider the following project references: Project References: Ongoing Projects Wesley E Seale Dam Outlet Rehabilitation; Lake Corpus Christi Dam, Mathis, TX The project includes several rehabilitation and improvement work items. The primary work includes removal and replacement of 3 – 30” x 48” cast-iron sluice gates, 1 – 5’ x 5’ cast-iron sluice gate, 1 – 48” Howell-Bunger valve and associated appurtenance, electrical actuators for all n ew and existing sluice gates and supporting electrical feed and switchgear. Additional 6” of crushed limestone paving will be added to the existing crane pad prior to use to support the primary work items. A 12” outlet will be installed in the south spillway training wall to supply maintenance water for the secondary stilling basin, and new access ladders will be provided for access to the south spillway. Project Size: $1,689,000.00 ❖ Engineer: Freese and Nichols, Inc. ❖ bdb@freese.com ❖ 361-561-6500 Medio Creek WRC Filter and UV System Improvements; San Antonio, TX The project scope includes demolition of the existing filter and UV process equipment, modifications to existing structures to facilitate installation of new filtration and UV system. Provision of temporary power to UV system channel, in order to keep disinfection process online throughout construction duration. Installation of new tertiary filtration cloth disc filters and revised UV system equipment. UV system equipment to be installed channel-by-channel, System programming, integration, testing, commissioning and start-up. Project Size: $4,922,893.00 ❖ Engineer: Arcadias ❖ Garrett.kehoe@arcadias.com ❖ 512-527-6064 Asherton 0.200 MGD Wastewater Treatment Plant; Asherton, TX The project's scope includes providing all the material, tools, transportation, services, labor and supervision required for construction of new treatment facilities including but not limited to temporary facilities and lines; influent and effluent lines, yard piping; existing treatment plant closure as well as all related site work and electrical appurtenances Project Size: $6,347,250.00 ❖ Engineer: Robert Thonhoff, Jr., PE – Thonhoff Consulting Engineers, Inc. ❖ bthonhoff@tcetcx.com ❖ 512-328-6736 Dos Rios WRC Thickening Facility Expansion; San Antonio Water Systems The project's scope includes the installation of two centrifuges and associated structures, submersible pumps, positive displacement cavity pumps, lope pumps, inline grinder pumps, along with the construction of a new electrical building, new bridge crane, and related ancillary works to operate the centrifuges. Project includes multiple complicated shut downs. Project Size: $6,610,000.00 ❖ Engineer: Garrett Kehoe, PE – Arcadis-US, Inc. ❖ markm@urbaneng.com ❖ Phone: 361-854-3101 Project References: Ongoing Projects, cont. New Influent Structure & Wastewater Treatment Plant Improvements; Rockport, TX The project consists of excavation and backfilling, new concrete structure, mechanical bar screen, manual bar screen, concrete walkway demolition, ductile iron pipe and fittings, PVC pipe, galvanized air pipe and fittings, concrete pavement, handrail, aluminum slide gates, stairs, fiberglass grating, painting, electrical and miscellaneous related items of work. Project Size: $1,232,550.00 ❖ Engineer: Mark Maroney, PE – Urban Engineering ❖ markm@urbaneng.com ❖ Phone: 361-854-3101 Lift Station Repairs Citywide 2017-18; City of Corpus Christi, TX This project consists of the rehabilitation of nine lift stations which requires control of flow pumping, the replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails, pump control panels, electrical generators, concrete structures, main electrical disconnects, new chainlink fencing, minor site fill, concrete coating, pipe painting, temporary traffic control and miscellaneous items of work required to complete the project in accordance with plans, specifications and Contract Documents. Project Size: $1,496,000.00 ❖ Engineer: Mark Maroney, PE – Urban Engineering ❖ markm@urbaneng.com ❖ Phone: 361-854-3101 BPUB Odor Control Improvements at Various Lift Stations Phase 2; Brownsville, TX The work in general includes, but is not limited to: the installation of a 3 each 1000 CFM and 5 each 500 CFM Biotrickling Filter System, Odorous Air Ductwork, and other appurtenances at 8 lift stations throughout the BPUB Sanitary Sewer Collection System. Project Size: 2,440,000.00 ❖ Engineer: Joseph Tamayo, PE – Ambiotec Group ❖ jtamayo@ambiotec.com ❖ Phone: 956-548-9333 Johnson Ranch Wastewater Treatment Plant; Bulverde, TX The project is generally described as a 350,000-gpd wastewater treatment plant. Treatment is provided by an extended aeration system and shall include a flow equalization tank, selector tank, two (2) 1st stage aeration basins, two (2) 2nd stage aeration basins, two (2) secondary clarifiers, two (2) aerated sludge digester tanks, and all associated equipment, piping and electrics. Flow from the wastewater treatment plant will flow through a tertiary cloth media filter and a UV disinfection system prior to being directly discharged into an existing outfall. A mechanical screen and Influent Pump Station will also be provided. The pump station will consist of one 12’ (I.D.) pre-cast concrete wet well, triplex submersible non-clog pumps, 10-inch force main, and all associated equipment, piping, electrics. Project Size: 3,758,005.00 ❖ Engineer: Jessica Kwiatkowski, PE – Bowman Consulting, Inc. ❖ jkwiatkowski@bowmanconsulting.com ❖ Phone: 757-561-2776 Project References: Ongoing Projects, cont. Lake Thomas Raw Water System Improvements; Big Spring, TX The work for this project includes proposed upgrades at Base 8, Base 3, and Base 4. Base 8, Morgan Creek Pump Station, will include a new pump station with three vertical turbine pumps and a 1 MG ground storage tank. The Snyder Pump Station, Base 3, will include a new pump station with three horizontal pumps. The Lake Thomas Pump Station, Base 4, improvements will include replacing the existing portable a-frame crane with a permanent overhead bridge crane, replace existing overhead door and exhaust fan. Project Size: 14,678,500.00 ❖ Engineer: Mearl Taylor, PE – Freese and Nichols, Inc. ❖ MDT@freese.com ❖ Phone: 817-735-7469 Zapata County Wastewater Treatment Plant Improvements (.8MGD Expansion) The Project consists of expanding the existing Waste Water Treatment Facility from 0.8 MGD capacity to 1.6 MGD capacity to include the construction of one (1) new Headworks Facility, one (1) new Carrousel Basin, Improvements to Existing Carrousel Basin, two (2) new Secondary Clarifiers, one (1) new Clarifier Splitter Box, one (1) new RAS/WAS Pump Station, one (1) new Cloth Media Filter Basin, one (1) new Chlorine Contact/Dechlorination Basin, one (1) new Chlorination/ Dechlorination System with Fiberglass Shelter, one (1) new Electrical Building, and one (1) new Administration / Laboratory Building. Project Size: 9,830,000.00 ❖ Engineer: Armando Guerra, PE – Premier Engineering, Inc. ❖ Armando.guerra@premier-ce.com ❖ Phone: 956-717-1199 Project References: Completed Projects Sharpsburg LS and Up River Road Force Main Rehabilitation; City of Corpus Christi Sharpsburg Lift Station and Up River Road Force Main Rehabilitation consists of replacing three submersible pumps, piping, and controls with four new 85 HP pumps, providing new wet well top, grouted bottom of wet well contour, above grade piping and manifold, 245 LF of new 20” PVC force main, 1,545 LF of new 6” PVC force main, 60 LF of new 24” PVC gravity line into the wet well with two 5’ manholes, dismantling the existing valve pit structure, new access hatches at each pump location, new control building, standby generator and transformer, new odor control system, SCADA system upgrade, site concrete paving, site perimeter fencing with security electronic entrance vehicle and pedestrian gates. Due to extensive dismantling and construction work required within the existing wet well and valve pit areas, all incoming flow will be by-passed during construction utilizing a new 10- foot diameter FRP by-pass structure at the head of the station with pumps, controls and temporary piping to the existing outfall force main. Project Size: 3,044,255.00 ❖ Completed 2017 ❖ Engineer: Donnie Rehmet, PE – Coym, Remet & Gutierrez Engineering, LP ❖ donr@crgei.com ❖ Phone: 361-991-8550 Staples Street Pumping station; City of Corpus Christi, TX The project consists of the installation of three (3) 7.5 MGD horizontal split case pumps and motors, suction and discharge pipe, valves and fittings, variable speed drives, electrical feed to support the new pumps, HVAC to maintain humidity and temperature in the pumping Station electrical and control rooms, upgrade of the process monitoring and control instrumentation, demolition of existing analytical panels, demolition of existing 5 MGD pumps, motors, bases and suction/discharge pipes, installation of analytical instrument panels, control system integration and an upgrade of the SCADA system to Utility Department Standard Hardware/Software Platform. Project Size: $1,923,430.00 ❖ Completed 2017 ❖ Engineer: J. Douglas McMullen, PE – Urban Engineering ❖ dougm@urbaneng.com ❖ Phone: 361-854-3101 Lift Station Repairs Citywide 2016; City of Corpus Christi, TX This project consists of the rehabilitation of seven lift stations which requires control of flow pumping, the replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails, pump control panels, main electrical disconnects, new chain-link fencing, minor site fill, concrete coating, pipe painting, temporary traffic control and miscellaneous items of work. Project Size: $1,359,000.00 ❖ Completed 2017 ❖ Engineer: Mark Maroney, PE – Urban Engineering ❖ markm@urbaneng.com ❖ Phone: 361-854-3101 Project References: Completed Projects, cont. ERHWSC Martha A Simpson WTP UV Disinfection System; San Benito, TX The project consisted of the construction of a 40’X36’ Canopy Structure and Electrical Room, two (2) each – UV Reactors, 24” pipe/fittings, electrical & SCADA. Project size: $1,450,000.00 ❖ Completed 2017 ❖ Engineer: David Flinn, PE - Ferris, Flinn & Medina, LLC ❖ D.flinn@ferrisandflinn.com ❖ Phone: 956-364-2236 Brownsville PUB Odor Control Improvements for Various Lift Stations Phase 1 The project included but not limited to the installation of a three (3) each 1,000 CFM and five (5) each 500 CFM biotrickling filter system, odorous air ductwork, and other appurtenances at 8 Lift Stations throughout the BPUB Sanitary Sewer Collection System. Project size: $2,200,000.00 ❖ Completed 2017 ❖ Engineer: Joseph Tamayo, PE – Ambiotec Group ❖ jtamayo@ambiotec.com ❖ Phone: 956-548-9333 DWSRF Water Treatment Plant Improvements; Palo Pinto, TX This project consisted of the construction of Water Treatment Plant improvements including work at the Raw Water Pump Station, Water Treatment Plant and 7-R Ranch. Project Size: $1,641,421.50 ❖ Completed 2017 ❖ Engineer: Colden Rich, PE – Enprotec / Hibbs and Todd, Inc. ❖ colden.richl@e-ht.com ❖ Phone: 325-698-5560 North Alamo Regional Wastewater Treatment Plant Improvements; Edinburg, TX This project consisted of the construction of a 0.50 MGD Carrousel Oxidation Ditch Wastewater Treatment Plant and associated buildings and site improvements. Project Size: $5,899,220.00 ❖ Completed 2017 ❖ Engineer: Jimmy Griffith, PE – Rio Delta Engineering ❖ jwg@gcons.net ❖ Phone: 512-626-0023 Water Treatment Plant Improvements; Breckenridge, TX The work generally includes the upgrade of the existing water treatment facility to provide potable water for the City of Breckenridge-including but not limited to chemical/chlorination system improvements, clarifier install, VT pumps and split case pump installation, vertical mixers all associated piping, sitework and electrical. Project Size: $1,989,075.00 ❖ Completed 2017 ❖ Engineer: Colden Rich, PE – Enprotec / Hibbs and Todd, Inc. ❖ colden.richl@e-ht.com ❖ Phone: 325-698-5560 Project References: Completed Projects, cont. Raw Water Intake and Pump Station Modifications; Quitman, TX The project consists of Construction of a new raw water intake and raw water pump station on Lake Fork Reservoir including drilled shaft foundations, galvanized steel bridge sections, concrete pump platform, three vertical turbine raw water pumps with variable frequency drives, motor control building, standby generator, and electrical and SCADA improvements . Demolition of the existing raw water intake and pump station facilities following completion of the proposed raw water intake. Project Size: $2,089,349.00 ❖ Completed 2016 ❖ Engineer: John Ringler, PE – KSA Engineers ❖ jringler@ksaeng.com ❖ Phone: 903-236-7700 Laguna Madre WWTP Headworks; City of Corpus Christi, TX This project consisted of the removal and replacement of the bar screen, grit removal system, lift station pumps, lift station piping, force main, valves, building roofs, fencing and the installation of new electrical control room, control panels, emergency generator, and other miscellaneous items required to complete this project. Project Size: $2,895,000.00 ❖ Completed 2016 ❖ Engineer: Mark Maroney, PE – Urban Engineering ❖ markm@urbaneng.com ❖ Phone: 361-854-3101 Sunfield MUDs No. 1-4 WWTP Expansion Phase 2; Buda, TX This project consisted of the erection of a 250,000-gallon per day steel Wastewater Treatment Plant at the existing Sunfield MUDs WWTP site along with the associated appurtenances necessary to integrate the proposed plant with the existing facilities. Project size: $1,679,633.00 ❖ Completed 2016 ❖ Engineer: Jason Baze, PE – Murfee Engineering ❖ jbaze@murfee.com ❖ Phone: 512-327-9204 Brownsville PUB Odor Control Improvements for the South WWTP The project included installation of a 5,000 CFM Biotrickling Filter Sytem, Prefabricated Aluminum Covers, Odorous Air Ductwork, new influent box discharge fittings, chemical resistant coatings and other appurtenances. Project size: $1,400,000.00 ❖ Completed 2016 ❖ Engineer: Joseph Tamayo, PE – Ambiotec Group ❖ jtamayo@ambiotec.com ❖ Phone: 956-548-9333 Project References: Completed Projects, cont. Industrial Pump Station; Ingelside, TX The project consists of the construction of a new potable water plant site, excluding water storage tanks. This will entail the installation of plant site piping and gate valves. This will also include the construction of a new building to house the electrical controls and chemical disinfection operations, installation of electrical components and wiring, site grading, and construction of plant site s ecurity fencing. The offsite work shall include the installation of an emergency standby generator and required wiring at another existing facility. Project size: $890,000.00 ❖ Completed 2016 ❖ Owner: Mallory Gabro, PE – San Patricio Municipal Water District ❖ MEG@spmwd.com ❖ Phone: 361-777-4009 2015 Commerce Park Plant; Hewitt, TX The project consists of the construction of a new potable water plant site, excluding water storage tanks. This will entail the installation of plant site piping and gate valves. This will also include the construction of a new building to house the electrical controls and chemical disinfection operations, installation of electrical components and wiring, site grading, and construction of plant site security fencing. The offsite work shall include the installation of an emergency standby generator and required wiring at another existing facility. Project size: $873,875.00 ❖ Completed 2016 ❖ Engineer: Miles Whitney, PE – Cayote Consulting ❖ miles@cayotecon.com ❖ Phone: 254-744-3439 Bailey County Well Field Disinfection Improvements; City of Lubbock This project included the demolition of existing chlorine and ammonia equipment as well as the existing chlorine storage area. Construction of a Sodium Hypochlorite Building as well as a new Bulk Tanks. Replacement of existing Globe Valve and Gate Valve as well as Gate Vault Roof. Miscellaneous yard piping instrumentation and Electrical. Project size: $2,941,000.00 ❖ Completed 2016 ❖ Engineer: Brian Beach, PE – Freese and Nichols, Inc. ❖ btb@freese.com ❖ Phone: 682-438-5469 Henderson WWTP UV Disinfection Improvements; City of Lampasas This project included demolition and removal of 3 pump motors, pump supports, pipping, supports and valving between the suction and discharge header connections. Installation of 3 booster pumps and motors, pump supports, piping, supports and valving between the suction and discharge header connections. Project size: $240,000.00 ❖ Completed 2016 ❖ Owner: City of Lampasas ❖ Contact: Dean Grant, PM ❖ Phone: 512-818-7764 Project References: Completed Projects, cont. Kingsville Pump Station Improvements; South Texas Water Authority This project included demolition and removal of 3 pump motors, pump supports, pipping, supports and valving between the suction and discharge header connections. Installation of 3 booster pumps and motors, pump supports, piping, supports and valving between the suction and discharge heade r connections. Project size: $295,000.00 ❖ Completed 2016 ❖ Engineer: HDR Engineering, Inc. ❖ Phone: 512-912-5100 Wastewater Treatment Plant Secondary Clarifier No. 1 Replacement; City of Pharr This project included replacement of the Secondary Clarifier No. 1. Project size: $380,000.00 ❖ Completed 2016 ❖ Engineer: Javier Garcia, PE – S&GE Civil Engineers ❖ jgarcia@shrefeysa.com ❖ Phone: 210-493-9200 Wastewater Treatment Plant Clarifier Rehabilitation; City of Grand Saline This project included rehabilitation of the Wastewater Treatment Plant Clarifier. Project size: $250,000.00 ❖ Completed 2015 ❖ Engineer: Walter Hicks, PE – KSA Engineers ❖ thicks@ksaeng.com ❖ Phone: 903-581-8141 Wastewater Treatment Plant Improvements; City of Eustace, TX This project included construction of a clarifier, return to sludge pump station and installation of all associated piping valves and electrical. Project size: $518,000.00 ❖ Completed 2015 ❖ Engineer: Bob Staehs, PE – Everett, Griffith & Associates ❖ bstaehs@everettgriffith.com ❖ Phone: 903-658-2065 Project References: Completed Projects, cont. Balboa Lift Station Upgrade; McAllen, TX The proposed project includes the following elements: replace the existing odor control system with a new biotrickling filter odor control scrubber; replace the existing six submersible pumps with five pumps and VFD drives; modify the existing MCC panels; modify the existing MCC Building; provide an HVAC system for the MCC Building; modify the existing bridge crane structure; reroute the lift station electrical feed; provide for a future connection to the Balboa Lift Station SCADA system; and construct miscellaneous facility improvements and associated site work for a complete and usable facility. There is an urgency to having the new odor control system operational, so it has an earlier substantial completion date tha n the remainder of the project. Project size: $2,795,000.00 ❖ Completed 2015 ❖ Engineer: Leon Allen, PE – Carollo, Inc. ❖ lallen@carollo.com ❖ Phone: 512-453-5383 Northwest Well Field Pump Station & Ground Storage Tank, Borger, TX This project included the following elements: Two (2) new one-million-gallon prestressed storage tank, new 5 MGD portable water pump station, chlorination facilities, site grading, yard piping, electrical and instrumentation. Project size: $4,500,000.00 ❖ Completed 2015 ❖ Engineer: Scott Honeyfield, PE – Parkhill, Smith & Cooper, Inc. ❖ SHoneyfield@team-psc.com ❖ Phone: 806-376-8600 Headworks Project; City of Alamo This project consisted of construction of Wastewater Headworks with Odor Control, 18” Force Main, 12” Force Main, 8” Force Main, 18” Concrete Pipe, Electrical and Instrumentation, Site Restoration and Reservoir Circulation Equipment 5 Mixers total (Solar bees). Project size: $1,344,000.00 ❖ Completed 2015 ❖ Engineer: Lalo Ramirez, PE – Quintanilla Headley & Associates, Inc. ❖ lalor@qhaengineering.com ❖ Phone: 956-381-6480 Project References: Completed Projects, cont. Well Field Electrical & Water Treatment Plant Improvements; City of Burkburnett This project includes but is not limited to the following items: Connection of a raw water pipeline (by others) to new well pumps (installed by others) and to the water treatment plant, including pipeline, valves, meters and appurtenances, and connection to the new well heads and to the water treatment plant. The Contractor shall be responsible for the above-ground piping, meters, and appurtenances at each as well. The Contractor shall also construct the general sitew ork at each well. The project also includes modifications or additions to the following existing facilities: Replacement of the existing 8 - inch diameter raw water flow control valve and raw water meter with a new actuated butterfly valve and flow meter. Replacement of the chlorine leak detector and exhaust fans in the chlorine building Project size: $840,000.00 ❖ Completed 2015 ❖ Engineer: Alan Davis, PE – Alan Plummer Associates, Inc. ❖ adavis@apaienv.com ❖ Phone: 817-806-1700 Phase 1 Water System Improvements Plant; Wellborn SUD This project consisted of water system improvements at 13 different sites. Work at each site varies from minor electrical and SCADA improvements to modifications to existing pump stations to construction of new pump stations from the ground up. Project size: $2,360,000.00 ❖ Completed 2014 ❖ Engineer: Terry Winn, PE - Winn Professional Engineers, Inc. ❖ twinn@winnpec.com ❖ Phone: 903-553-0500 Water System Improvements; City of Eden, TX The work generally includes construction of a new 1.1 MGD Water Treatment Plant (WTP) Facility, modifications to the existing Water Treatment Facility to convert it into a groundwater transfer pump station. Project size: $2,067,219.00 ❖ Completed 2015 ❖ Engineer: Joshua Berryhill, PE – Enprotec / Hibbs & Todd, Inc. ❖ Joshua.berryhill@e-ht.com ❖ Phone: 325-698-5560 DWSRF Water System Improvements – Water Treatment Plant; Roscoe, TX Work under this contract includes construction of a new groundwater treatment system at the City of Roscoe’s Water Treatment Plant, upgrade of the Owner’s supervisory control and data acquisition (SCADA) system, rehabilitation of equipment at the Owner’s existing groundwater wells, and replacement of the groundwater transmission system. Project size: $1,286,700.00 ❖ Completed 2014 ❖ Engineer: Joshua Berryhill, PE – Enprotec / Hibbs & Todd, Inc. ❖ Joshua.berryhill@e-ht.com ❖ Phone: 325-698-5560 Project References: Completed Projects, cont. Cuates Pump Station Improvements; Laguna Madre Water District The Project consists of constructing a new pump station building, installing four (4) 42" cans for vertical turbine pumps, installing two (2) 12.5 MGD vertical turbine pumps, motor, and VFD's, removing an existing pump from existing Cuates pump station and installing one (1) new 12.5 MGD vertical turbine pump with motor, and VFD, installing a baffle wall in the ground storage tank, and demolishing an existing pump station and an abandoned pump station after the new pump station is in operation. Project size: $1,558,100.00 ❖ Completed 2014 ❖ Engineer: Shrirang Golhar, PE – RPS Espey ❖ Shrirang.Golhar@rpsgroup.com ❖ Phone: 214-951-0807 Water Distribution System Improvements This project includes a new waterline, pump station, pump station building, 100,000 -gallon GST, chlorination system, upgrades to the hydro pneumatic tank, associated electrical and controls as well as all paving. Project size: $723,400.00 ❖ Completed 2014 ❖ Engineer: Melanie Gavlik – Naismith Engineering, Inc. ❖ mgavlick@naismith-engineering.com ❖ Phone: 361-814-9900 East Delivery Pump Station Expansion; Lavaca Navidad River Authority Project consists of pump station expansion improvements, including the procurement and installation of a new vertical turbine pump (rated at 6,000 GPM and 72 feet of head) into an existing pump slot, the installation of pump discharge piping and appurtenances, the installation of bypass piping and appurtenances, the installation of control valve operators, and the installation of associated pump starter, controls, instrumentation, cable, and conduit. Additional site improvements include the replacement of a 30-inch diameter electromagnetic flow meter, rehabilitation of Victaulic couplings, and the replacement of approximately 160 linear feet of 14-inch piping and appurtenances. Project size: $552,000.00 ❖ Completed 2014 ❖ Engineer: Jason Ward, PE – Freese & Nichols, Inc. ❖ jvw@freese.com ❖ Phone: 713-600-6800 Project References: Completed Projects, cont. Wastewater Lift Station 19 Rehabilitation Project; Laguna Madre Water District The project consists of the installation of a new, 15.5' diameter fiberglass wet well, concrete valve vault and wet well slab, discharge piping and valves, electrical enclosure, wiring and weather head, 300KW stand-by generator, telecommunication system and new wooden perimeter fencing. The project will also consist of the conversion of an existing, in-service concrete wet well to a receiving manhole and the relocation of existing lift station pumps and controls to the new fiberglass wet well. Additionally, the project will consist of the demolition of an abandoned lift station and the relocation of on-site utilities and existing odor control system. Sanitary sewer bypass pumping will also be required. Project size: $874,000.00 ❖ Completed 2014 ❖ Engineer: Charles Ortiz, PE – Laguna Madre Water District ❖ Cortiz@lmwd.org ❖ Phone: 956-943-2626 x130 Water Treatment Plant Booster Station Improvements; City of Elgin, TX This project consisted of demolition of the two (2) existing 600 GPM pumps and installation of one (1) 1,000 GPM pump and one (1) 600 GPM pump at the Water Treatment Plant Booster Station. The project also included replacement of the existing electrical panel at the Pistol Hill Booster Station. Project size: $284,800.00 ❖ Completed 2014 ❖ Engineer: Kevin Osborn, PE – TRC Engineers, Inc. ❖ kosborne@trcsolutions.com ❖ Phone: 512-454-8716 South Mesquite Creek Regional WWTP; Wylie, TX This project includes, but is not limited to, construction of one packed bed chemical scrubber odor control facility with duct, one make-up air unit with duct, two bulk chemical storage tanks, and associated civil, mechanical, electrical, instrumentation and controls work. Project size: $1,699,200.00 ❖ Completed 2014 ❖ Engineer: James McMillen – Perkins Engineering Consultants, Inc. ❖ jmcmillen@perkinsconsultants.com ❖ Phone: 817-719-0372 Water Distribution Improvements-Tanks & Pump Station; El Tanque WSC The project consists of the following: (1) new ground storage tank (62,000 gallons approx.), (1) new standpipe (optional materials) approx. 235,000 gallons, (1) new standpipe (optional materials) approx. 130,500 gallons, (2) new booster pump stations, each with metal buildings, electrical, and related controls, rehabilitation of existing bolted steel ground storage tank. Project size: $1,800,000.00 ❖ Completed 2014 ❖ Engineer: Sage Diller, PE – Enprotec / Hibbs & Todd, Inc. ❖ Sage.Diller@e-ht.com ❖ Phone: 325-698-5560 Project References: Completed Projects, cont. FM 492 Water Treatment Plant Improvements; Palm View, TX This scope of work included the replacement of existing tube settlers, the replacement of the existing sludge removal system, replacement of existing flocculators and the installation of appurtenant electrical control panels, equipment, and wiring associated with the operation of these improvements. Project size: $765,000.00 ❖ Completed 2014 ❖ Engineer: Jose Rodriguez - SAM Engineering & Surveying, Inc. ❖ jose@samengineering-surveying.com ❖ Phone: 956-702-8800 River Road Wastewater Treatment Plant Anaerobic Digester Improvements; Wichita Falls, TX This project included construction of multiple new structures; including but not limited to primary sludge pump station, Primary sludge screen system and new building, 2 new digester fixed covers, new bolted glass sludge holding tank, all new digester biogas equipment, installation of new Linear Motion Mixers, all associated electrical, instrumentation and SCADA and miscellaneous paving and all associated trench safety and SWPPP requirements. Project Size: $3,700,000.00 ❖ Completed in 2014 ❖ Engineer: Chris Jones – Freese & Nichols, Inc. ❖ caj@freese.com ❖ Phone: 817-735-7291 Harvest Water Plant Phase 1; Denton County, TX The work includes the erection of one (1) 213,000-gallon galvanized bolted steel ground storage tank and erection of MCC, both furnished by the Owner. The work also includes the purchase, delivery, and start-up of two (2) 1200- GPM horizontal booster pumps, one (1) 500-gpm horizontal booster pump, one (1) 15,000-gallon hydro pneumatic tank, control and booster pump building, chlorine gas feed system, liquid ammonium sulfate feed system, plant piping, electrical equipment, instrumentation and controls, fencing, and all additional items needed for a completely functional water plant. Project size: $1,201,300.00 ❖ Completed in 2014 ❖ Engineer: Larry Weppler, PE – Jones & Carter, Inc. ❖ lweppler@jonescarter.com ❖ Phone: 713-777-5337 Project References: Completed Projects, cont. Harris County Aeration Conversion & Digester Addition; Harris County MUD 122 The work included Construction of Aeration Conversion and Digester Addition, including but not limited to, move-in and start-up; demolition of portions of the existing main process unit; converting the existing digester into an aeration basin; Miscellaneous improvements and re - coatings to the existing main process unit; modifications to the existing blower building; two (2) new multi-stage centrifugal blowers; two new package digester tanks complete with aeration equipment, air lifts, walkway an all else shown in the construction drawings; set-up, monitoring and operation of the plant bypass system; electrical modifications including a new service, duct bank, conduit, wire, lighting, site work, etc. Project size: $840,000.00 ❖ Completed in 2013 ❖ Engineer: Nathan Walton, PE – Jones & Carter, Inc. ❖ nwalton@jonescarter.com ❖ Phone: 713-777-5337 x503 Alamo Community College District First Responders WWTP; San Antonio, TX This project included a new 25,000 GPD interim, 50,000 GPD final membrane biological reactor (MBR) advanced secondary wastewater treatment plant, including all specified lift, mechanical screen, ultraviolet disinfection system, flow measurement, emergency backup generator, construction of on-site utility roads, all related piping, installation and controls as well as all electrical and other appurtenances to complete the wastewater treatment plant and outfall discharge line. Project size: $1,217,400.00 ❖ Completed in 2013 ❖ Owner: San Antonio River Authority ❖ Contact: Jim Doersam ❖ Phone: 210-302-3618 ❖ jdoersam@sara-tx.org ❖ Engineer: CDS Muery ❖ Phone: 210-581-1111 Friar Creek Lift Station Improvements; Temple, TX This project included rehabilitation of an existing lift station. Replacement of all pumps, HVAC, misc. roofing repairs, all associated electrical controls and instrumentation. Project size: $720,000.00 ❖ Completed in 2013 ❖ Engineer: Clark & Fuller, Inc. ❖ mclark@clark-fuller.com ❖ Phone: 251-899-0899 Project References: Completed Projects, cont. Water System Improvements; Freer, TX This project consisted of a new 900gpm Water Treatment Plant housed in a new pre -engineered building specifically designed to reduce arsenic inherent to the ground water supply to acceptable levels, a 300,000 gallon ground storage tank site grading and paving, yard piping, pumps and controls, electrical power and instrumentation, a SCADA control system for the new plant and existing remote pumping and storage facilities and an 8” distribution water main. Project size: $2,740,000.00 ❖ Completed in 2013 ❖ Engineer: Pay Coym – Coym, Rehmet & Gutierrez ❖ pwcoym@sbcglobal.net ❖ Phone: 361-991-8550 Water Treatment Plant Improvements Project; Ballinger, TX This project included the addition of a 350gpm Reverse Osmosis System to Ballinger’s existing water treatment plant. Major work elements included: RO Feed Pumps, RO System & Pilot Study, RO Building and Associated Civil, Electrical and Control Systems. Project size: $1,812,000.00 ❖ Completed in 2013 ❖ Engineer: Jordan Hibbs – Enprotec / Hibbs & Todd ❖ Jordan.hibbs@e-ht.com ❖ Phone: 325-698-5560 Water System Improvements, Pump Station & Wholesale Meter; City of Aledo, TX This project included construction of a pump station including three pumps and a flow meter, a meter station, a check valve vault, approximately 120 LF of 16” water line, associated building, and all associated electrical, controls and instrumentation. Project size: $890,000.00 ❖ Completed in 2013 ❖ Engineer: Robert McGee – Freese & Nichols, Inc. ❖ rhm@freese.com ❖ Phone: 817-735-7260 Greenwood WWTP 2011 Improvements; Corpus Christi, TX This project consisted of sitework and demolition, drilled concrete piers, steel supports, concrete wall extension, stainless steel air piping, butterfly valve, roofing repair, seeding, small emergency generator, roof downspouts and miscellaneous items of work. Project size: $452,900.00 ❖ Completed in 2012 ❖ Engineer: Mark Maroney – Urban Engineering ❖ markm@urbanengineering.com ❖ Phone: 361-854-3101 Project References: Completed Projects, cont. Wastewater Treatment Plant Upgrade; Rankin, TX This project included rehabilitation of an existing WWTP, including but not limited to installing a bar screen vault, new bar screen, meter vault and flow meter, 15” gravity collection line, new manhole assembly and tie ins, all associated electrical and miscellaneous paving and all associated trench safety and SWPPP requirements. Project size: $300,000.00 ❖ Completed in December 2012 ❖ Engineer: Ralph Truszkowski – Parkhill, Smith & Cooper ❖ rtruszkowski@team-psc.com ❖ Phone: 432-697-1447 New Anoxic Basin & Miscellaneous Improvements; Rockport, TX This project consisted of excavation and backfilling, new concrete structure, dry-pit submersible pumps, submersible horizontal mixers, ductile iron pipe & fittings, PVC pipe, stainless steel air pipe & fittings, handrail, aluminum slide gates, sluice gates, stairs, fiberglass grating, painting, electrical & misc. related items of work. Project size: $1,200,000.00 ❖ Completed in September 2012 ❖ Engineer: Mark Maroney – Urban Engineering ❖ markm@urbaneng.com ❖ Phone: 361-854-3101 Clarifier & Headworks; Edgewood, TX (45 Foot Clarifiers) This project included replacement and rehabilitation of the clarifier mechanism, bar screen, scum pump station piping, electrical, sludge and grit pump station installation, grit removal strainers and associated yard piping. Project size: $200,000.00 ❖ Completed in 2012 ❖ Engineer: Mike N Tibbets, PE – Hayter Engineering ❖ mtibbetts@haytereng.com ❖ Phone: 903-735-0303 Hurricane Ike Recovery #1 ORCA 2008 Supplemental Disaster Project This project consists of the purchase and installation of standby pumps, control panel improvements, misc. sitework, concrete work and misc. electrical improvements at numerous lift stations throughout the City of Webster. Project size: $425,000.00 ❖ Completed in May 2012 ❖ Engineer: Thomas Sikora - KSA Engineers ❖ tsikora@ksaeng.com ❖ Phone: 281-494-3252 Project References: Completed Projects, cont. Old Town Lift Station and Force Main; Portland, TX This project consists of 12 ft. diameter FRP wet well, lift station with pumps, piping, electrical and controls, 45 LF. Of 12” PVC gravity sewer with two manholes, 2,555 LF. Of 8” PVC force main bored and cased construction, 2 each air release valves, sitework, fencing, traffic control and storm water pollution prevention. Project size: $660,000.00 ❖ Completed in 2012 ❖ Engineer: Donnie Rehmet – Coym, Rehmet & Gutierrez Engineering, LP ❖ donr@crgei.com ❖ Phone: 361-991-8550 Wastewater Treatment Plant Improvements; Sheffield, TX This project included the extension of a sewer line to the proposed WWTP a 24 acre land application system, decommissioning of the existing WWTP. The proposed sewer extension consists of 1405 feet of gravity sewer and numerous manholes. The new WWTP consists of a bar screen and metering structure, new lined and aerated ponds equipped with 5hp floating aerators, new storage pond with overflow structures and misc. piping. The irrigation systems includes a 405gpm firm capacity pump station, irrigation piping and a pivot spray system. This project also includes all associated civil, electrical and control systems. Project size: $1,400,000.00 ❖ Completed in December 2011 ❖ Engineer: Kevin Fredley – Parkhill, Smith & Cooper ❖ kfredley@team-psc.com ❖ Phone: 915-533-6811 Geronimo Creek WWTP Lift Station Modifications; Seguin, TX This project included modifications to the Geronimo Creek WWTP Lift Station including n ew submersible pumps, emergency generator relocation, raised fabricated steel platform, access hatch replacement, electrical controls, panels and misc. sitework. Project size: $377,000.00 ❖ Completed in December 2011 ❖ Engineer: Kelsey Blaisdell – TRC Engineers, Inc. ❖ kblaisdell@trcsolutions.com ❖ Phone: 512-454-8716 North Third Street & Garland Lane Lift Station; Sealy, TX This project included the replacement of an existing lift station with a new 95gpm lift station wet well, piping, submersible pumps, electrical, controls, etc. at Garland Lane. The project also included replacement of an existing lift station with a new 1500gpm lift station and include temporary pump, conversion of an existing dry well into a new wet well, piping, submersible pumps, electrical controls, generator, slab, etc. on North Third St. Project size: $425,000.00 ❖ Completed in October 2011 ❖ Engineer: William Huebner, PE – O’Malley Engineers ❖ wjh@omalleyengineers.com ❖ Phone: 979-836-7937 | Fax: 979-836-7396 Project References: Completed Projects, cont. Water Valve Replacement; Taft, TX This project included installing 30 gate valves and valve boxes throughout the City of Taft Water Distribution System. The new gate valves varied in size from 4,6,8,10-inch. Additional facilities and work include the installation of PVC waterline spool pieces, coupling adapters, tees, MJ retainer glands, thrust blocking, the removal, transportation and proper disposal of asbestos cement pipe, valve markers, road and alley repairs and traffic control. Project size: $200,000.00 ❖ Completed in May 2011 ❖ Engineer: Mike Hernandez – Melden & Hunt ❖ mike@meldenandhunt.com ❖ Phone: 956-381-0981 River Road Wastewater Treatment Plant; Wichita Falls, TX This project includes the purchase and installation of a new belt filter press and conveyor . Formed concrete work and associated piping. HVAC and Electrical upgrades. Project size: $700,000.00 ❖ Completed in April 2011 ❖ Engineer: Dean Hinton – Corlett, Probst & Boyd ❖ Phone: 940-723-1455 ❖ Website: tdh@cpbwf..com Trinity Aquifer Supply Project; Shavano Park TX This project includes improvements for the Shavano Drive Pumping Station Improvements, Raw Water Transmission Main Constriction, Wagon Trail Road Wellhead Construction and Well Tie in Construction. Installation of new booster pumps, 4500 linear feet of Raw Water Transmission Main, Furnish and installation of a 100,000-gallon storage tank, Installation of mixed oxidants generation and Filtration Systems and all associated electrical installed. Project size: $1,200,000.00 ❖ Completed in March 2011 ❖ Engineer: Mehmet Boz; PE - URS Corporation ❖ Mehmet_boz@urscorp.com ❖ Phone: 210-377-3764 Water Treatment Plant Improvements; Elsa, TX The project included replacement of mechanical equipment within the clarifier, this installation of a clarifier sludge blowdown system, removal and replacement of filter media, the addition of air scour to the filter backwash system, the replacement of inoperable valves, and actuators in the filter gallery, the replacement of 3 transfer pumps, installation of liner in 2 reservoir ponds and improvements to the raw water feed systems to the existing sludge lagoons . This project also includes site work, yard piping, electrical and instrumentation. (all clarifier material here was provided by Ovivo) Project size: $2,700,000.00 ❖ Completed 2011 ❖ Engineer: Mike Hernandez – Melden & Hunt ❖ mike@meldenandhunt.com ❖ Phone: 956-381-0981 Project References: Completed Projects, cont. Robinson Road Well Booster Pump Station; Grand Prairie, TX The project consists of demolition, building addition, roofing, new pump pads and new pump installation, coatings on all surfaces, hypochlorite feed system, chemical storage tank, electrical, instrumentation and controls. Project size: $679,000.00 ❖ Completed 2010 ❖ Engineer: John Fields - DeltaTek Engineering ❖ jfields@deltatekeng.com ❖ Phone: 469-374-9800 | Fax: 469-374-9801 FM 2252 Water Plant Improvements; Garden Ridge, TX The project includes installation of new infrastructure at the City of Garden Ridge Water Plant Site, includes new High Service Pumps, Pump Building, yard piping, site work, paving, fencing, electrical and associated appurtenances. Project size: $500,000.00 ❖ Completed June 2010 ❖ Engineer: HMT Engineering ❖ mikeb@hmtnb.com ❖ Phone: 830-625-8555 x151 Huntsville State Park Utility Upgrades; Huntsville TX The project consists of the renovation of electric service, and some upgrades to water and sewer services, to three separate camping loops and other locations within the Park. The major thrust will be to upgrade select campsites to 50 amp electrical pedestals. The project was completed in phases, with EXTENSIVE coordination between the Contractor, Huntsville State Park Management and the TPWD Project Manager. Project size: $1,100,000.00 ❖ Completed Mid 2010 ❖ Engineer: Denney R Howard; Chief Electrical Engineer – Lockwood, Andrews & Newman ❖ DRHoward@lan-inc.com ❖ Phone: 817-820-0420 x4105 | Fax: 817-338-7505 Raw Water Pump Station No. 1 Modifications; Wylie, TX Project consists of concrete, piping, demolition, blasting, coatings, electrical work, pump replacement and installation of 5kV Motor Control Center. Project size: $ 965,184.00 ❖ Completed Early 2010 ❖ Owner: North Texas Water District ❖ Contact: Robin Williams – 972-442-5405 ❖ Engineer: Jeff Hensley – Freese & Nichols, Inc. ❖ Phone: 817-735-7369 | Fax: 817-735-7491 Project References: Completed Projects, cont. Lakeside Lift Station Improvements; Rockwell, TX Project consists of the addition of two variable frequency drives, generator, electrical building and electrical and SCADA improvements for the North Texas Municipal Water District. Project size: $ 790,000.00 ❖ Completed in 2010 ❖ Owner: North Texas Water District ❖ Contact: Kara Byrnes – 972-442-5405 ❖ Engineer: Paul Carline, PE – Birkhoff, Hendricks & Conway ❖ pcarline@bhclip.com ❖ Phone: 214-361-7900 | Fax: 214-416-8390 Reclaimed Water Basin Improvements; Wylie, TX Project consists of a new pump and instrumentation plateform, installation of a new pump and associated yard piping, relocation of the existing instrumentation and control panel, relocation of an existing high voltage transformer, installation of new transformer and switched. Project size: $ 550,000.00 ❖ Completed in 2009 ❖ Owner: North Texas Water District ❖ Contact: Kara Byrnes – 972-442-5405 ❖ Engineer: Kent Ricker, PE – Black & Veatch ❖ mgmccullough@Ian-inc.com ❖ Phone: 512-338-4212 | Fax: 512-338-4942 Kenedy County Wastewater Treatment System Improvements; Sarita, TX Project consists of installation of pumps, piping, site work, water tanks, aeration chambers, wetland water basins, etc. Project size: $ 488,000.00 ❖ Completed in 2009 ❖ Owner: Texas Department of Transportation ❖ Contact: Kevin Rucker, TxDot Contracting Officer ❖ Phone: 512-416-3221 Water Treatment Plant Sludge Removal and Piping Modifications; Lewisville, TX Project consists of installation of underground water sludge piping, valves, vaults and structures. Removal and disposal of WTP sludge. Project size: $ 208,000.00 ❖ Completed in 2009 ❖ Engineer: Ron Conway, PE – Birkhoff, Hendricks & Conway ❖ RConway@BHCLLP.com ❖ Phone: 214-361-7900 | Fax: 214-461-8390 Project References: Completed Projects, cont. Water Treatment Plant Filter Improvements; Nixon TX Project consists of the rehabilitation of four pressurized filters located at the Schertz Seguin Local Government Corporation Water Treatment Plant. Project size: $ 435,000.00 ❖ Completed in 2009 ❖ Engineer: Meredith McCullough ❖ mgmccullough@Ian-inc.com ❖ Phone: 512-338-4212 | Fax: 512-338-4942 Wastewater Collection & Treatment Plant Improvements; Commerce TX Project Consists of replacement of existing manholes, underground water and sewer piping, boring, WWTP equipment modifications and replacement (conveyors & screening equipment), Major electrical controls and instrumentation modifications. Project Size: $720,000.00 ❖ Completed in 2009 ❖ Engineer: Mike Tibbets PE – Hayter Engineering Inc. ❖ mtibbets@hayterengineeringinc.com ❖ Phone: 903-785-0303 | Fax: 903-785-0308 Live Oak Country Rest Area Water Treatment Plant Improvements; Live Oak, TX Project consists of installation of pumps, piping, sitework, water tanks, aeration chambers, wetland water basins, etc. Project Size: $750,000.00 ❖ Completed January 2009 ❖ Contact: Kevin Rucker, TxDot Contracting Officer ❖ Phone: 512-416-3221 Garlic Creek Lift Station Improvements; Buda, TX Project consists of replacement of pumps, piping and includes bypass of existing system for a sewage Collection system and lift station. Project Size: $195,000.00 ❖ Completed in November 2008 ❖ Engineer: Graham Moore, PE – Lockwood Andrews & Newman ❖ gmmoore@Ian-inc.com ❖ Phone: 512-338-2727 | Mobile: 512-294-3214 Project References: Completed Projects, cont. Chilled Water Extension 08C-071, Northwest Vista College; San Antonio, TX This project included the Installation of 2,200 LF of 8” pre-insulated chilled water line, and a 15- ton concrete vault. Primary scope of work was to excavate and provide a trench for and install 2,200 LF of 8” pre-insulated chilled water that had to be fitted and welded in the field. Chilled water plan also called for a 15-ton vault to be provided and installed to provide a tap for future expansion. Installation of this line of course included all valves and fittings associated with a project of this nature. Peripheral work included demolition and replacement of 100 LF of concrete curbing, 975 SF of concrete sidewalk, 1,500 SF of asphalt mill and patch overlay, movement of multiple existing utilities, cleaning (chemical flush) and testing of chilled wate r line, and rehabilitation of jobsite including sprinkler head/pipe replacement and general landscaping. Associated Construction Partners management team worked with the owners and consultants on this project to resolve several major design issues encount ered at the beginning of the task. Construction was delayed for 2 months; however, ACP still managed to bring the project in on budget and 60 days ahead of schedule. The site was also unique in that ACP was required to perform major excavation and installation of the line within the perimeter of an active college campus. Projects Size: Approximately $300,000.00 ❖ Completed on 9/12/2008 ❖ Contact: Tony Alfaro, AIA, Senior Project Manager ❖ Construction Managers for ADA: Broaddus Project Control ❖ talfaro@ba-pct.com ❖ Phone: 210-496-0008 | Mobile: 210-414-1870 Asbestos Abatement & Facility Rehab at TxDot Storage & Service Station Bldg., San Antonio, TX This project includes the renovation of the buildings and replacement of siding and windows. proper removal, transportation and disposal of asbestos-containing materials. Project Size: $680,000.00 ❖ Completed May 2008 ❖ Owner: Texas Department of Transportation; Austin, TX ❖ Contact: Roel Bazan, TxDot Contracting Officer ❖ Phone: 512-416-2357 DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Peter Collins, Interim Chief Officer of Information Technology PeterC@cctexas.com (361) 826-3735 David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1953 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year license agreement with Routeware, Inc., of Portland, Oregon for the amount not to exceed $673,968.62 for the purchase and support of routing software for Solid Waste Operations, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $315,948.00 available through the General Fund. SUMMARY: This motion authorizes a service agreement with Routeware, Inc., for the purchase of routing software for Solid Waste Services through H-GAC Cooperative. The program, used for recycling and refuse collection, offers a more user-friendly environment, improved customer support, a camera system to record collection issues, and is a notable upgrade from the previous system. BACKGROUND AND FINDINGS: The current routing software has been utilized by Solid Waste for the last five years. The City received a formal notice that the current vendor would terminate the agreement in December 2019, due to them going out of business. Routing Software for Solid Waste Services Department AGENDA MEMORANDUM Action Item for the City Council Meeting December 10, 2019 Vehicle tracking and route optimization are the primary system functions. Routeware, Inc., meets the needs of the department. They offer more detailed tracking service features which record valuable information to evaluate personnel, equipment, efficiencies, and service areas. The system will schedule and track refuse and recycling trucks utilizing GPS coupled with Google Map. It will record and report various services performed on routes and provides the flexibility to instantly reassign personnel to other service locations as staffing or equipment issues arise. The system has the capability to generate management reports to assist gaining operational efficiencies. The Information Technology Department reached out to the Contracts and Procurement Department to issue a long-term contract through H-GAC Cooperative. Contracts awarded through the H-GAC Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to have a routing software system; however, the Solid Waste Department would not be able to track personnel and equipment. FISCAL IMPACT: The fiscal impact for the Solid Waste Department is an amount not to exceed $315,948.00 for the first year of the three-year license agreement, with the remaining cost of $358,020.63 to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund:1020 General Fund Organization/Activity:12500 Solid Waste Administration Mission Element:031 Waste and Brush Collection Project #(CIP Only): n/a Account:530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year license agreement with Routeware, Inc., for the purchase and support of routing software for the Solid Waste Department. LIST OF SUPPORTING DOCUMENTS: License Agreement Price Sheet City of Corpus Christi Price Sheet HGACBuy FL03-19 Item Description Unit Qty Price Total Price 1 Truck-Anroid Tablet (Hardware)EA 50 -$ -$ 2 Truck-Cut Off Switch (Hardware)EA 50 75.00$ 3,750.00$ 3 Truck-Proximity Swith (Hardware)EA 44 195.00$ 8,580.00$ 4 Truck-Camera (Hardware)EA 50 350.00$ 17,500.00$ 5 Additional Camera System EA 6 60.00$ 360.00$ 6 Monitor for Camera Controller EA 4 40.00$ 160.00$ 7 Project Management & Training (Service)EA 1 10,000.00$ 10,000.00$ 8 Installation-Trucks EA 50 275.00$ 13,750.00$ 9 Installation-Camera Systems EA 50 200.00$ 10,000.00$ 10 Installation-Additional Cameras EA 6 150.00$ 900.00$ 11 Installation-Proximity Switch EA 44 100.00$ 4,400.00$ 12 Travel Expenses EA 1 20,000.00$ 20,000.00$ 13 Shipping of Hardware EA 1 600.00$ 600.00$ 14 Routeware Licensing & Support-Year 1 YR 1 157,548.00$ 157,548.00$ 15 Easyroute Licensing & Support-Year 1 YR 1 68,400.00$ 68,400.00$ 16 Routeware Licensing & Support-Year 2 YR 1 162,274.44$ 162,274.44$ 17 Easyroute Licensing & Support-Year 2 YR 1 14,090.40$ 14,090.40$ 18 Routeware Licensing & Support-Year 3 YR 1 167,142.67$ 167,142.67$ 19 Easyroute Licensing & Support-Year 3 YR 1 14,513.11$ 14,513.11$ 673,968.62$ Year 1 Total 315,948.00$ Year 2 Total $176,364.84 Year 3 Total 181,655.79$ Grand Total Routeware, Inc Portland, OR Routeware Hardware and SoftwareSr. Buyer: Minerva Alvarado DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a purchase of two John Deere 17G mini excavators from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas, for a total amount of $79,236.00, as additions to the fleet, to be used daily by Gas Operations to dig trenches for the installation or repair of gas lines, effective upon issuance of letter of acceptance with funding available through the FY 2020 Gas Operations Fund. SUMMARY: This motion will allow the City to have two mini excavators on hand for Gas Operations procured through the Buy Board Cooperative. This equipment will be used to dig trenches for the installation, or repair of gas lines throughout the City. BACKGROUND AND FINDINGS: The Gas department has an operational need to purchase two John Deere 17G Mini Excavators, which will be used to dig trenches for the installation, or repair of gas lines. The mini excavators will be used to replace equipment that has already been taken out of service and sold at auction due to excessive repairs. Currently the need is being filled by rental units. Purchase of Two Mini Excavators for Gas Operations AGENDA MEMORANDUM Action Item for the City Council Meeting of December 10, 2019 This procurement is through the Buy Board Cooperative. Contracts awarded through the Buy Board Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative is rent this equipment as needed. However, this would result in less construction work and slower response to emergency repairs, therefore creating a loss of service to City customers if equipment is not readily available. FISCAL IMPACT: The fiscal impact for Gas Operations is a total amount of $79,236.00 for the purchase of two mini excavators to be used daily by Gas Operations. FUNDING DETAIL: Fund:4130 Gas Fund Organization/Activity:34130 Gas Construction Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of two mini excavators from Doggett Heavy Machinery as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Albert Quintanilla, Director of Street Operations AlbertQ@cctexas.com (361) 826-1957 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a purchase of one 2019 624L John Deere wheel loader from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount not to exceed $205,144.00, to be used by Street Operations as an addition to the fleet, effective upon issuance of letter of acceptance, with funding available in the Streets Fund. SUMMARY: This motion will allow the City to have a wheel loader on hand for Street Operations procured through the Buy Board Cooperative. This equipment will be used to load material into dump trucks. This new unit will be an addition to the fleet, so the Street Department will no longer have to rent this type of equipment. BACKGROUND AND FINDINGS: The Street Operations Department currently has a requirement for the purchase of one John Deere 624L wheel loader, which will be used to load material into dump trucks. This new unit will be an addition to the fleet. This unit is needed for the additional staff members being hired, and to stop the need for rental equipment. This procurement is through the Buy Board Cooperative. Contracts awarded through the Buy Board Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. Purchase of One Wheel Loader for Street Operations AGENDA MEMORANDUM Action Item for the City Council Meeting of December 10, 2019 ALTERNATIVES: An alternative is rent the wheel loader as needed. However, this may result in less construction work and a slower response to emergency repairs, therefore creating a loss of service to City customers if the equipment is not readily available. FISCAL IMPACT: The fiscal impact for Street Operations is a total amount of $205,144.00 for the purchase of the wheel loader. FUNDING DETAIL: Fund:1041 Streets Organization/Activity:12430 Surface Preservation Mission Element:051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account:550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of one wheel loader from Doggett Heavy Machinery as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 64L John Deere Wheel Loader 1 each $205,144.00 $205,144.00 $205,144.00 Doggett Heavy Machinery Corpus Christi, TX TOTAL Price Sheet Purchase of One John Deere 624L Wheel Loader for the Street Department Buy Board Contract 515-16 City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez AGENDA MEMORANDUM Action Item for City Council Meeting December 10, 2019 DATE:11/12/2019 TO:Peter Zanoni, City Manager FROM:Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 4% Housing Tax Credit affordable housing project known as FishPond at Corpus Christi at 1006 6 th Street, Corpus Christi, Texas to be developed by FishPond Living at Corpus Christi, LP. SUMMARY: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs’ 2019 Qualified Allocation Plan Section 11.9(d)(1) for 4% Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs’ (TDHCA) 2019 Qualified Allocation Plan’s Section 11.9(d)(1) for4% Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. FishPond at Corpus Christi, once constructed, will be an Affordable Housing Development located at 1006 6th Street., Corpus Christi, TX 78404. FishPond Living at Corpus Christi, LP. proposes the construction of approximately 112 apartments which would serve seniors at or below 60% of the Area Median Income. This project will transfer the Section 8 vouchers from the Sea Gulf Villa Apartments and relocate those tenants to the proposed FishPond at Corpus Christi project. The developer will be available to answer any questions to the City Council regarding their proposed application and project. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) ALTERNATIVES: Deny the Resolution of support FISCAL IMPACT: None Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): Account: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant’s application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Project. LIST OF SUPPORTING DOCUMENTS: Resolution – FishPond at Corpus Christi Map Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 4% Housing Tax Credit affordable housing project known as FishPond at Corpus Christi at 1006 6 th Street, Corpus Christi, Texas to be developed by FishPond Living at Corpus Christi, LP. WHEREAS, FishPond Living at Corpus Christi, LP. (the “Applicant”) has proposed an affordable housing development to construct approximately 112 apartments located at 1006 6th Street, Corpus Christi, Texas 78404 to be named FishPond at Corpus Christi (“FishPond at Corpus Christi Project”); and WHEREAS,the Applicant has submitted an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2019 4% Housing Tax Credits for the FishPond at Corpus Christi Project. WHEREAS, the TDHCA 2019 Qualified Allocation Plan rules for determining which affordable housing projects receive Affordable Housing Tax Credits states that in order for a Project to receive maximum points, the Project must be supported by the Governing Body of the Municipality where the Project will be built; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council hereby supports the proposed FishPond at Corpus Christi Project, to be located at 1006 6th Street, Corpus Christi, Texas as an affordable housing project for the City of Corpus Christi. Section 2. This Resolution shall take effect immediately upon adoption of the City Council. PASSED AND APPROVED this _____ day of __________________, 2019: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE:November 19, 2019 TO:Peter Zanoni, City Manager FROM:Alma I. Casas, Interim Director of Finance and Business Analysis AlmaC@cctexas.com (361) 826-3610 CAPTION: Resolution relating to City of Corpus Christi’s intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $110,000,000 for Utility System expenditures budgeted in the Fiscal Year 2019-2020 Capital Improvement Plan but incurred before the issuance of the bonds. SUMMARY: The City of Corpus Christi is planning on awarding contracts for utility/water projects included in the Fiscal Year 2019-2020 Capital Improvement Plan (CIP) prior to the issuance of Utility System Revenue Bonds. This resolution is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds. BACKGROUND AND FINDINGS: Over the last several years, the City has been using unspent bond proceeds and operating with cash to fund utility projects outlined in the Capital Improvement Plan (CIP). As the funds are now running low, the City is planning on issuing Utility System Revenue Bonds in Fiscal Year 2019- 2020. In order to move forward with these projects, the City plans on issuing contracts prior to the completion of the final closing of the issuance of the bonds. These amounts will not exceed $110,000,000. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: The alternative would be to reject the reimbursement resolution, but this would prevent contracts from being awarded and City staff working on the projects. Reimbursement Resolution for Utility Capital Projects AGENDA MEMORANDUM Action Item for the City Council Meeting December 10, 2019 FISCAL IMPACT: Approval of this item will authorize City staff to encumber and spend available Utility System cash to begin awarding projects budgeted in the Fiscal Year 2019-2020 Capital Improvement Plan. Once the Utility System Revenue Bonds are issued, then the cash funds will be replenished with bond proceeds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution 98791624.4 RESOLUTION NO. __________ RESOLUTION RELATING TO ESTABLISHING THE CITY’S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS ONE OR MORE SERIES OF TAXABLE OR TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $110,000,000 FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (1) constructing, improving, enlarging, repairing, and extending the City’s combined utility system and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer intends to reimburse itself for the prior lawful capital expenditure of funds from the proceeds of one or more series of taxable or tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $110,000,000 to finance a portion of the costs of the Project; and WHEREAS, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer’s budgetary and financial circumstances; and 98791624.4 - 2 - WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer’s reasonable, official intent to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred or to be incurred with respect to the Project from the Issuer’s General Fund or other lawfully available funds of the Issuer. SECTION 2. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 3. The Issuer intends to otherwise comply with those matters addressed within this Resolution. SECTION 4. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law. SECTION 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 6. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 98791624.4 S-1 PASSED, ADOPTED AND APPROVED on this the 10th day of December, 2019. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 10th DAY OF DECEMBER, 2019: _____________________________________ Miles Risley, City Attorney 98791624.4 S-2 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 10th day of December, 2019, relating to establishing the City’s intention to reimburse itself in an amount not to exceed $110,000,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 10th day of December, 2019. City Secretary (CITY SEAL) 98791624.4 S-3 That the foregoing resolution was read and passed on this the 10th day of December, 2019, by the following vote: Everett Roy ____________ Ben Molina ____________ Roland Barrera ____________ Greg Smith ____________ Gil Hernandez ____________ Rudy Garza ____________ Paulette Guajardo ____________ Michael Hunter ____________ PASSED AND APPROVED, this the 10th day of December, 2019. ATTEST: __________________________________ _____________________________ Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home-rule municipal corporation (“City”) and J. Schwarz & Associates, Inc. (“Consultant”), agree to the following amendments to the Contract for Professional Services for Street Preventative Maintenance Program (SPMP) FY 2019 Overlays (Project No. 18135A): Original Contract March 8, 2019 Administrative Approval $27,750.00 Amendment No. 1 June 11, 2019 Motion No. M2019-077 $846,500.00 In the Original Contract, Exhibit “A”, Section I. Scope of Services shall be amended as set forth in the attached Amendment No. 2, Exhibit “A”. In the Original Contract, Article III Compensation shall be amended based on the modified scope of services in the attached Amendment No. 2, Exhibit “A” for a fee not to exceed $423,250, for a total restated fee not to exceed $1,297,500. All other terms and conditions of the March 8, 2019 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI J. SCHWARZ & ASSOCIATES, INC. _____________________________________ _____________________________________ Mark Van Vleck, Date James Schwarz, P.E. Date Assistant City Manager Project Engineer P. O. Box 60733 Corpus Christi, TX 78466 APPROVED AS TO LEGAL FORM (361) 906-2430 jjs@jsatx.com ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date Accounting Unit 1041-12415-051 Account 530000 Activity 18135-A-1041-EXP Fund Name Street Department Digitally signed by James Schwarz, P.E. Date: 2019.11.27 09:13:56 -06'00' J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱP.O.ȱBoxȱ60733ȱ ȱȱȱȱȱȱȱȱȱȱCorpusȱChristi,ȱTXȱ78466ȱ 361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ ϭ November 26, 2019 J. H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Re: Amendment No. 2: City of Corpus Christi Project # 18135A - Street Preventative Maintenance Program FY 2019 and FY 2020 Mr. Edmonds: J. Schwarz & Associates, Inc. (JSA) is pleased to offer the following propose for professional engineering services to the City of Corpus Christi (City). The following outlines the anticipated project scope, deliverables, and fees: Original Project Scope of Services (SPMP FY 2019): JSA proposes to provide professional engineering services in support of the City’s Street Preventative Maintenance Program (SPMP). The contract scope will include the following: xDevelopment of bid documents for the SPMP Project # 18135A. xDevelopment of a technical specification for Ultra-Thin Bonded Wear Course (UTBWC) to be utilized by the program in lieu of seal coats. xBid phase services to assist the City in evaluating and determining a contractor for the project. xPreliminary engineering services to evaluate approximately 3 street segments with development of sample plan sheets. Amendment No. 1 - Project Scope of Services (SPMP FY 2019): This amendment includes the preparation and development of ten (10) Engineering Delivery Orders– (5 Overlay and 5 UTBWC) for the Street Preventative Maintenance Program for the City of Corpus Christi Fiscal Year 2019. Total construction budget for the FY 2019 SPMP is $6,900,000.00 for Overlay Streets and $6,800,000.00 for the Ultra-Thin Bonded Wear Course Streets. The project professional services will be broken into Design, Construction and Additional Services. Amendment No. 1 - 90% Design Phase (SPMP FY 2019): JSA will perform the following services as part of the Design Phase: xAttend Project Kick-off Meeting. xDevelop engineering schedule with fixed dates assigned to project benchmarks. xReview City furnished geotechnical investigations on proposed streets. AMEND. NO. 2 EXHIBIT "A" Page 1 of 8 J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱ361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ 2 xRequest and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. xField visit each street on master list to perform a cursory review of the street condition. xVerify street maintenance classification of each street on master list. xDevelop aerial imagery of each proposed street as required to prepare construction plans. xPrepare base set of plans outlining all sheets, specifications and required details for use in 90% design phase. xEstablish and survey ground control points for use in design and construction activities. xIdentify and analyze requirements of governmental authorities having jurisdiction to approve design of the PEDOs including permitting, environmental, historical, construction and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as TxDOT, RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. xPerform site visits and field investigations to determine areas requiring pre-paving repairs or modifications, concrete construction or other items contained in the unit bid price contracts. oProvide field markings to identify areas recommended for repair prior to preliminary walk thru. xPrepare 90% Engineering Delivery Orders for issuance to the Contractors. The Engineering Delivery Orders shall incorporate City GIS to allow City staff to load appropriately into data bases. The Engineering Delivery Orders will include: oA short narrative of the expected work for each street. oA complete listing of included streets with pertinent data in tabular form. oCost data utilizing unit bid price matrix. oAerial photo plans (11" x 17") depicting limits of construction, areas of pavement repair/replacement, areas of concrete repair/replacement, boring locations and descriptions and any items required that are included in the unit price bids. Typical cross sections (in some areas) as necessary may be required. oAny additional information that may assist the Contractor during construction. xThe City staff will: oDesignate an individual to have responsibility, authority, and control for coordinating activities for the Project. oProvide the budget for the Project specifying the funds available for the construction contract. oProvide electronic copy of the City’s Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. Amendment No. 1 - 100% Design Phase (SPMP FY 2019): JSA will perform the following services as part of the 100% Design Phase: xPerform site visit of all streets in each Engineering Delivery Order with City and Contractor to review 90% Design phase construction plans. xRevise Engineering Delivery Order construction plans to account for any changes identified in site visits. Compile final Contractor Delivery Orders. AMEND. NO. 2 EXHIBIT "A" Page 2 of 8 J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱ361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ 3 xSubmit final Engineering Delivery Orders to the City for approval and issuance to the Contractor. xRegister and pay associated TDLR Fees xSubmit and pay associated fees for review of Engineering Delivery Orders by a Registered Accessibility Specialist (RAS). Amendment No. 1 - Construction Administration Phase (SPMP FY 2019): JSA will perform the following services as part of the construction administration phase: xParticipate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. xReview Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. xIf requested by the City, review and interpret field and laboratory tests. xMake periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work. xProvide interpretations and clarifications of the plans, specifications and Engineering Delivery Orders for the Contractor and recommendations to the City for minor changes which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the Owner’s Authorized Representative. xAttend final inspection with City staff, provide punch list items to the City’s Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. xCoordinate and pay associated fees for RAS inspection per Engineering Delivery Order. xReview Contractor-provided construction “red-line” drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings will incorporate the Contractor’s red-lines and identify all changes made during construction. The Drawing Cover and each sheet will be clearly identified as the Record Drawing and will indicate the basis and date. xWhen requested by the Owner’s Authorized Representative, assist in addressing Request for Information (RFI) submitted by the Contractor. As part of the Construction Administration Phase, the City Staff will: xPrepare applications/estimates for payments to Contractor. xConduct the final inspection with the Engineer. AMEND. NO. 2 EXHIBIT "A" Page 3 of 8 J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱ361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ 4 Amendment No. 2 - Project Scope of Services (SPMP FY 2020): This amendment includes the preparation and development of five (5) Engineering Delivery Orders – (2.5 Overlay and 2.5 UTBWC) for the Street Preventative Maintenance Program for the City of Corpus Christi Fiscal Year 2020. Total construction budget for the FY 2020 SPMP is $3,500,000.00 for Overlay Streets and $3,500,000.00 for the Ultra-Thin Bonded Wear Course Streets. The project professional services will be broken into Design, Construction and Additional Services. Amendment No. 2 - 90% Design Phase (SPMP FY 2020): JSA will perform the following services as part of the Design Phase: xAttend Project Kick-off Meeting. xDevelop engineering schedule with fixed dates assigned to project benchmarks. xReview City furnished geotechnical investigations on proposed streets. xRequest and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. xField visit each street on master list to perform a cursory review of the street condition. xVerify street maintenance classification of each street on master list. xDevelop aerial imagery of each proposed street as required to prepare construction plans. xPrepare base set of plans outlining all sheets, specifications and required details for use in 90% design phase. xEstablish and survey ground control points for use in design and construction activities. xIdentify and analyze requirements of governmental authorities having jurisdiction to approve design of the Engineering Delivery Orders including permitting, environmental, historical, construction and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as TxDOT, RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. xPerform site visits and field investigations to determine areas requiring pre-paving repairs or modifications, concrete construction or other items contained in the unit bid price contracts. oProvide field markings to identify areas recommended for repair prior to preliminary walk thru. xPrepare 90% Engineering Delivery Orders for issuance to the Contractors. The Engineering Delivery Orders shall incorporate City GIS to allow City staff to load appropriately into data bases. The Engineering Delivery Orders will include: oA short narrative of the expected work for each street. oA complete listing of included streets with pertinent data in tabular form. oCost data utilizing unit bid price matrix. oAerial photo plans (11" x 17") depicting limits of construction, areas of pavement repair/replacement, areas of concrete repair/replacement, boring locations and descriptions and any items required that are included in the unit price bids. Typical cross sections (in some areas) as necessary may be required. oAny additional information that may assist the Contractor during construction.  AMEND. NO. 2 EXHIBIT "A" Page 4 of 8 J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱ361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ 5 xThe City staff will: oDesignate an individual to have responsibility, authority, and control for coordinating activities for the Project. oProvide the budget for the Project specifying the funds available for the construction contract. oProvide electronic copy of the City’s Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. Amendment No. 2 - 100% Design Phase (SPMP FY 2020): JSA will perform the following services as part of the 100% Design Phase: xPerform site visit of all streets in each Engineering Delivery Order with City and Contractor to review 90% Design phase construction plans. xRevise Engineering Delivery Order construction plans to account for any changes identified in site visits. Compile final Contractor Delivery Orders. xSubmit final Engineering Delivery Orders to the City for approval and issuance to the Contractor. xRegister and pay associated TDLR Fees xSubmit and pay associated fees for review of Engineering Delivery Orders by a Registered Accessibility Specialist (RAS). Amendment No. 2 - Construction Administration Phase (SPMP FY 2020): JSA will perform the following services as part of the construction administration phase: xParticipate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. xReview Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. xIf requested by the City, review and interpret field and laboratory tests. xMake periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work. xProvide interpretations and clarifications of the plans, specifications and Engineering Delivery Orders for the Contractor and recommendations to the City for minor changes which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the Owner’s Authorized Representative. xAttend final inspection with City staff, provide punch list items to the City’s Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. xCoordinate and pay associated fees for RAS inspection per Engineering Delivery Order. xReview Contractor-provided construction “red-line” drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings will AMEND. NO. 2 EXHIBIT "A" Page 5 of 8 J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱ361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ 6 incorporate the Contractor’s red-lines and identify all changes made during construction. The Drawing Cover and each sheet will be clearly identified as the Record Drawing and will indicate the basis and date. xWhen requested by the Owner’s Authorized Representative, assist in addressing Request for Information (RFI) submitted by the Contractor. As part of the Construction Administration Phase, the City Staff will: xPrepare applications/estimates for payments to Contractor. xConduct the final inspection with the Engineer. Total Project Schedule: All Engineering Delivery Orders and bid documents will be completed within 12 months of the issuance of the project Notice to Proceed. A total of fifteen (15) Engineering Delivery Orders are expected with this project: seven and one-half (7.5) Overlay and seven and one-half (7.5) UTBWC). Upon issuance of the Notice to Proceed, JSA will provide a formal schedule with fixed dates for project benchmarks to be approved by the City. Total Project Deliverables: One (1) electronic and one (1) physical copy of bid documents with sample plan sheet for one of the evaluated roads. Fifteen (15) Engineering Delivery Order construction plans and specifications in English units on 11”X17” true scale. One electronic copy and three physical copies of each Engineering Delivery Order will be provided to the City. JSA will coordinate with the City to determine which portions of Engineering Delivery Orders will be compiled into the Contractor Delivery Orders Project Fees – SPMP FY 2019: Original preliminary engineering services including bid documents will be invoiced at a lump sum of $27,750.00. Fees for Amendment No. 1 services will be invoiced per Engineering Delivery Orders at a fixed fee of $ 89,100.00 for Overlays and $ 70,200.00 for UTBWC. An additional $ 50,000.00 allowance will be added to the total contract amount for unexpected ADA assistance required to complete the project. These fees will include all engineering design and construction administration, TDLR registration fees, RAS plan review, RAS inspection and control point surveying for the proposed streets. Total project design fee budget is $ 874,250.00. See attached Exhibit A for fee schedule breakdown. Project Fees – SPMP FY 2020: Fees for Amendment No. 2 services will be invoiced per Engineering Delivery Orders at a fixed fee of $89,100.00 for Overlays and $ 70,200.00 for UTBWC. An additional $ 25,000.00 allowance will be added to the total contract amount for unexpected ADA assistance required to complete the project. These fees will include all engineering design and construction administration, TDLR registration fees, RAS plan review, RAS inspection and control point surveying for the proposed streets. Total project design fee budget is $ 423,250.00. See attached Exhibit B for fee schedule breakdown. AMEND. NO. 2 EXHIBIT "A" Page 6 of 8 J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱ361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ 7 Additional Services: Additional services not specifically outlined in the scope of this project shall be completed only with written authorization of the Director of Engineering Services. Fees for these services will be negotiated as required. Examples of services not included in the project scope include but are not limited to the following: permit preparation (other than RAS related permitting), topographical and right-of-way surveying, right-of-way and easement acquisition survey and parcel descriptions, environmental issues, public involvement, subsurface utility investigation, construction observation services, warranty phase and televising utility lines. If you have any questions, please do not hesitate to contact us. We look forward to assisting you on this project. Sincerely, J. Schwarz & Associates, Inc. (F-8138) James Schwarz, P.E. Project Engineer encl.: D:\JSA\Cityofcorpuschristi\SPMP\Spmplargeproposaladd2.Docx Digitally signed by James Schwarz, P.E. Date: 2019.11.26 14:10:47 -06'00' AMEND. NO. 2 EXHIBIT "A" Page 7 of 8 J.ȱSchwarzȱ&ȱAssociates,ȱInc.ȱ ȱȱȱȱȱȱȱȱȱȱ361.906.2430ȱ www.JSATX.com  ȱ ProfessionalȱEngineeringȱSolutionsȱ 2 Exhibit B – Street Preventative Maintenance Program – FY 2020 Professional Services Cost Breakdown Overlay Engineering Delivery Order 90% Design $ 73,530.00 100% Design $ 8,170.00 Construction Administration $ 7,400.00 Delivery Order Total $ 89,100.00 Total Overlay Design Costs (2.5 Delivery Orders) $ 222,750.00 UTBWC Engineering Delivery Order 90% Design $ 57,850.00 100% Design $ 6,450.00 Construction Administration $ 5,900.00 Delivery Order Total $ 70,200.00 Total UTBWC Design Costs (2.5 Delivery Orders) $ 175,500.00 Total Project Professional Services Total Overlay Design Costs (2.5 Delivery Orders) $ 222,750.00 Total UTBWC Design Costs (2.5 Delivery Orders) $ 175,500.00 Additional ADA Assistance Allowance $ 25,000.00 Project Totals $ 423,250.00 Project Fees: Project fees are lump sum and include all costs associated with completion of the project. These fees include all TDLR registration fees, RAS plan review, RAS site inspection and control point surveying. D:\JSA\Cityofcorpuschristi\SPMP\Exhibit A.Docx AMEND. NO. 2 EXHIBIT "A" Page 8 of 8 CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 12 MONTHS ENDED September 30, 2020 Run: 12/2/2019 at 5:28:07PM ORGANIZATION: 12415 - Street Preventative Maint Prog Fund: 1041 - Streets ExpendedBalanceOriginal Budget Amended Budget Expenditures Encumbrances Annual Commitments &Unencumbered % of Budget Acct #Account Description 510100 Salaries and Wages 91,301.00 85,226.75 0.00 6,074.25 91,301.00 6.65 510200 Overtime 99.96 99.96 0.00 0.00 99.96 0.00 511000 Retirement 29,486.00 27,587.79 0.00 1,898.21 29,486.00 6.44 513000 Group insurance benefits 6,334.00 5,438.05 0.00 895.95 6,334.00 14.15 513001 Other employee benefits 722.00 603.57 0.00 118.43 722.00 16.40 127,942.96 127,942.96 8,986.84 0.00 118,956.12 7.02 Total Personnel Costs 520100 Computer equip & software non-capital 199.92 (11,325.37) 10,937.28 9,798.01 9,409.92 220.36 520110 Minor office equipment 249.96 249.96 0.00 0.00 249.96 0.00 520120 Office Supplies 499.92 499.92 0.00 0.00 499.92 0.00 530000 Professional services 499,990.00 499,989.85 1,077,781.15 2,747.00 1,580,518.00 68.37 530010 Interdepart-services 216,438.40 216,438.40 0.00 0.00 216,438.40 0.00 530140 Postage & express charges 0.00 (34.65) 0.00 34.65 0.00 0.00 530180 Non-Capital Lease Payments 1,028.04 1,028.04 0.00 0.00 1,028.04 0.00 530210 Building maint & service 0.00 (54.12) 0.00 54.12 0.00 0.00 530215 Maint & repairs-contracted 14,948,681.00 15,739,650.55 1,736,305.97 820,685.48 18,296,642.00 13.98 530500 Printing advertising & PR 1,045.97 1,045.97 0.00 0.00 1,045.97 0.00 530520 Printing outside print shops 785.40 785.40 0.00 0.00 785.40 0.00 15,668,918.61 20,106,617.61 833,319.26 2,825,024.40 16,448,273.95 18.19 Total Operating Costs 548120 Self Insurance Alloc 5,318.00 4,430.00 0.00 888.00 5,318.00 16.70 5,318.00 5,318.00 888.00 0.00 4,430.00 16.70 Total Allocations TOTAL 16,571,660.07 2,825,024.40 843,194.10 20,239,878.57 15,802,179.57 18.12 AGENDA MEMORANDUM Action item for the North Padre Island Development Corporation Meeting of December 10, 2019 DATE:November 15, 2019 TO:Peter Zanoni, City Manager FROM:Arlene Medrano, Business Liaison ArleneM@cctexas.com 361-826-3356 CAPTION: Meeting of the North Padre Island Development Corporation (NPIDC) SUMMARY: The NPIDC is required to approve TIRZ #2 expenditures. BACKGROUND AND FINDINGS: Items for this meeting include: 1. Approval of meeting minutes for the August 27, 2019 Meeting 2. Treasurer’s Report 3. Motion approving expenditures as laid out in Exhibit H to the revised Project and Financing Plan for the Tax Increment Reinvestment Zone #2. LIST OF SUPPORTING DOCUMENTS: Meeting Agenda August 27, 2019 Meeting Minutes Treasurer’s Report Motion approving expenditures as laid out in Exhibit H (attached) to the revised Project and Financing Plan for the Tax Increment Reinvestment Zone #2 which increases the Park Road 22 Bridge Project Cost by $2,884,815.66 bringing the total TIRZ #2 contribution (Project Cost) towards the construction of the PR 22 Bridge to $6,884,815.66. North Padre Island Development Corporation Meeting AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION MEETING Date:Tuesday, December 10, 2019 Time:During the meeting of the City Council beginning at 11:30 a.m. Location:City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1.Call meeting to order. Secretary Rebecca Huerta calls roll. Board of Directors Greg Smith, President Joe McComb, Vice President Gil Hernandez Rudy Garza Michael Hunter Ben Molina Roland Barrera Paulette Guajardo Everett Roy Officers Peter Zanoni, Executive Director Rebecca Huerta, Secretary Paul Pierce, Assistant Secretary Alma I. Casas, Treasurer Judy A. Villalon, Assistant Treasurer 2.Public Comment 3.Approval of Minutes of the August 27, 2019 Meeting 4.Treasurer’s Report 5.Motion approving expenditures as laid out in Exhibit H to the revised Project and Financing Plan for the Tax Increment Reinvestment Zone #2 6.Adjourn NORTH PADRE ISLAND DEVELOPMENT CORPORATION CITY HALL – COUNCIL CHAMBERS 1201 LEOPARD ST. TUESDAY, AUGUST 27, 2019 DURING THE CITY COUNCIL MEETING BEGINNING AT 11:30 A.M. PRESENT: Members Staff Greg Smith, President Peter Zanoni, Executive Director Joe McComb, Vice President Rebecca L. Huerta, Secretary Gil Hernandez Paul Pierce, Assistant Secretary Rudy Garza Constance P. Sanchez, Treasurer Michael Hunter Judy Villalon, Assistant Treasurer Roland Barrera Arlene Medrano, Business Liaison Paulette Guajardo Everett Roy ABSENT: Members Ben Molina 1. Call meeting to order – President Smith called the meeting to order at 3:16 p.m. Secretary Rebecca L. Huerta called the roll and verified that the necessary quorum of the board and the required officers were present to conduct the meeting. 2. Election of Officers Board Member Garza made a motion to reappoint President Greg Smith and Vice President Joe McComb, seconded by Board Member Hunter and passed unanimously (Board Member Molina – absent). President Smith made a motion to approve the appointments of Executive Director Peter Zanoni, Secretary Rebecca L. Huerta, Assistant Secretary Paul Pierce, Assistant Treasurer Judy Villalon, and Treasurer Alma Casas, seconded by Board Member Garza and passed unanimously (Board Member Molina – absent). 4. Treasurer’s Report Treasurer Constance P. Sanchez provided the treasurer’s report ending June 30, 2019, which included: total assets; revenues; expenditures; and fund balance. 3. Approval of the minutes from the Board meeting on July 23, 2019 Board Member Garza made a motion to approve the minutes, seconded by Board Member Hunter and passed unanimously (Board Member Molina – absent). 5. Resolution adopting the Investment Policy and Investment Strategy for the North Padre Island Development Corporation Assistant Treasurer Judy Villalon stated that the purpose of this item is to adopt the Investment Policy and Investment Strategy for the North Padre Island Development Corporation as required annually by The Public Funds Investment Act; that the Investment Policy and Investment Strategy for the North Padre Island Development Corporation being presented has no changes from the previous policy and that staff is recommending passage of the resolution. Board Member Garza made a motion to approve Item 5, seconded by Board Member Hunter and passed unanimously (Board Member Molina – absent). 6. Motion approving the fiscal year 2019-2020 TIRZ #2 budget Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to approve the fiscal year 2020 Tax Increment Reinvestment Zone Number 2 (TIRZ #2) budget. The budget is required to be approved annually by the North Padre Island Development Corporation (NPIDC), which was established to hold and manage the increment funds for TIRZ #2, and that, on April 20, 2019, the TIRZ #2 board approved the budget that is now before the NPIDC board for approval. Director Houlihan presented information on the following topics: total revenue; total proposed expenditures; and expected fund balance at the end of fiscal year 2020. A board member, Director Houlihan and Chief Financial Officer Constance Sanchez discussed the following topics: if the investment policy is not changing, why the difference in investment income budgeted for next year; that the difference is due to when monies are transferred out for projects; the impact from changes in interest rates; and the timing of a transfer of monies for the dredging project. President Smith commented that the TIRZ #2 board met on August 20, 2019, reviewed and discussed in detail each line item before approving the budget. Board Member Hunter made a motion to approve Item 6, seconded by Board Member Barrera and passed unanimously (Board Member Molina – absent). 7. Public Comment There were no comments from the public. 8. Adjournment The meeting was adjourned at 3:23 p.m. ASSETS Cash, cash equivalents and investments 6,644,859$ Accrued Interest 3 Total assets 6,644,862 LIABILITIES AND FUND BALANCES North Padre Island Development 6,644,862 Total fund balance 6,644,862 Total liabilities and fund balances 6,644,862$ North Padre Island Development Corporation Balance Sheet October 31, 2019 Revenues Taxes and business fees 899,261$ Earnings on investments 24,115 Total revenues 923,376 Expenditures Community Development 35,497 Total expenditures 35,497 Excess (deficiency) of revenues over (under) expenditures 887,879 Other financing sources (uses) Transfer out (9,055,275) Total other financing sources (uses)(9,055,275) Net change in fund balance (8,167,396) Fund balance at beginning of year 14,812,258 Fund balance as of October 31, 2019 6,644,862$ Balance in Capital Improvement Fund (Fund 3278)9,786,789$ North Padre Island Development Corporation Income Statement For the One Months Ended October 31, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities,construction of approximately 11,500 square yards of new flexible pavement,parking lot,two concrete driveways,minor water and wastewater improvements,landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300-space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp;construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp,concrete bollards;minor drainage improvements;3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area.The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico.Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive.The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures,parking lot,access road,pedestrian walkways,storm water structures lighted bollards with electrical receptacles,lighting,landscaping,concrete benches and repairs to shoreline structures. $2,869,224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. $64,500 Completed December 2012 7a Packery Channel Aids to Navigation / Signage - Hurricane Harvey Repairs Per ISAC, additional funds needed to replace signs completed in Project 7 following Hurricane Harvey. Revised 2/20/18 $65,000 $7,166 Completed April 2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) page 1 of 3 11/8/2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot.The project also includes turn-around and connector to Zahn Road.A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long)is also being planned.Priority Item.P&R recommends self contained,solar powered mobile units to be placed at Packery Channel Parking Lot,end of Zahn Road and on South side of PC (at a location yet to be determined)Build and Install portable restroom shelters to hold portable restroom units at various locations.Build and Install Portable Shower units on the North and South side of Packery Channel.Board approval of 4 portable restroom facilities at $65,000 each plus 20%contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $402,000 Solar Powered Units: Complete. Showers: Partial Water line installed Spring '18. Waiting on BCC permit. 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom,lookouts and parking lots.This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms,lookouts and parking lots.This project was designed as part of the Phase 2 project for parking and overlooks.Priority ITem:P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach.For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Complete 10 Packery Channel Dredging and Beach Nourishment - 2012 The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel,and 15,000 cubic yards of sand from the north to south end of the N.Padre Island Seawall.Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 10a Packery Channel Dredging and Beach Nourishment - 2020 The project consisted of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline.Dredging schedule to be determined by results of annual study of channel. $350,000 $37,345 In permitting process. Waiting to hear from USACE. page 2 of 3 11/8/2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch.This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding.P&R recommends further discussion on this item to determine if another amenity would better suit the area.ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. $273,000 Estimated completion: Fall 2019. At 90% Design 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S.Army Corps of Engineers.They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008.The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore,measurement of elevation along the adjacent beach and inland channel segment (shoreline position),elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. $286,000 $1,847,312 (Lifetime Expenses to Date) 2018 monitoring complete. 2019 Contract Executed 3/29/19. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre-storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 for design $4,000,000 for construction as stated in FY 2020 Budget $417,027 60% submittal under review. 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. In April 2017, the City Council approved the appropriation of $4M in TIRZ #2 funding for the contruction of PR 22 Bridge. A Developer Agreement for PR22 Bridge was approved by City Council on April 23, 2019. After re-bidding the construction contract in October 2019, the lowest bid was $13,943,536 and the budget shortfall totals $2,884,815.66. $4,000,000 11/12/2019 Add'l $2,884,815.66 $0.00 Waiting for developer on canals. 17 Beach Crosswalk at St. Augustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. $32,000 $20,331.00 Completed February 2019. 18 Feasibility Study Per Texas Tax Code Sec. 311.011. Project and Financing Plans. (c) Reinvestment zone financing plans must include (3) a finding that the plan is economically feasible and an economic feasibility study.$50,000 $50,000 Complete 19 Contingency for all Projects Project contingency fund for all projects. $100,000 page 3 of 3 11/8/2019 DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. SUMMARY: The purpose of the zoning request is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 5.824 acres in size. The owner is proposing to construct single-family homes. The current zoning of “RS-TH” Townhouse District permits townhomes. However, the “RS-4.5” Single-Family 4.5 District permits the construction of single-family homes. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The subject property is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. The proposed single-family development is consistent with the surrounding proposed residential subdivision developments along Oso Parkway. The property was originally zoned “RS-4.5” Single-Family 4.5 District and was only recently rezoned to the “RS-TH” District in 2017. This rezoning request is to revert the zoning back to the “RS-4.5” District. Public Input Process Number of Notices Mailed 28 within 200-foot notification area 5 outside notification area As of October 2, 2019: Rezoning a property at or near 7564 Brooke Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District on October 2, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 5.824 acre tract of land situated in Lots 10, & 11, Section 26, Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 of the Map Records, Nueces County, Texas as shown in Exhibit “A” & "B" from: the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. The subject property is located at or near 7564 Brooke Road. Exhibit A, a metes and bounds description of the subject property, and Exhibit B, a map to accompany the metes and bounds, are attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 6 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 6 Exhibit A Page 5 of 6 Page 6 of 6 Exhibit B PLANNING COMMISSION FINAL REPORT Case No. 1019-05 INFOR No. 19ZN1026 Planning Commission Hearing Date: October 2, 2019 Applicant & Legal Description Owner: Southside Ventures III, L.P. Applicant: Urban Engineering - Victoria Location Address: 7564 Brooke Road Legal Description: Being a 5.824 acre tract of land situated in Lots 10, & 11, Section 26, Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 of the Map Records, Nueces County, Texas, located along the west side of Oso Parkway, south of Mansions Drive, and west of Rodd Field Road. Zoning Request From: “RS-TH” Townhouse District To: “RS-4.5” Single-Family 4.5 District Area: 5.824 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-TH” Townhouse Vacant Medium Density Residential North “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential South “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential East “RS-4.5” Single-Family 4.5 Low Density Residential Medium Density Residential West “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 041031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 350 feet of street frontage along Oso Parkway which is designated as a “P1” Parkway Collector Street. According to the Urban Transportation Plan, “P1” Parkway Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Oso Parkway “P1” Parkway Collector 80’ ROW 40’ paved 80’ ROW 40’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District to allow for the construction of single- family homes. Development Plan: The subject property is 5.824 acres in size. The owner is proposing for the construction of single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned “RS-TH” Townhouse District, consists of a vacant lot, and has remained since annexation in 1995. To the north, south, east, and west are platted single-family lots zoned “RS-4.5” Single- Family 4.5 District (Cayo del Oso, Section 1 & 2, 2016). AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch ductile iron line located along Oso Parkway. Wastewater: 10-inch PVC line located along Oso Parkway. Gas: 2-inch service line located along Oso Parkway. Storm Water: Road side drainage located along Oso Parkway. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. • The proposed single-family development is consistent with the surrounding proposed residential subdivisions developments along Oso Parkway. • The property was originally zoned “RS-4.5” Single-Family 4.5 District and was only recently rezoned to the “RS-TH” District in 2017. This rezoning request is to revert the zoning back to the “RS-4.5” District. Planning Commission and Staff Recommendation (October 2, 2019): Approval of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. Public Notification Number of Notices Mailed – 28 within 200-foot notification area 5 outside notification area As of September 27, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-05 Southside Ventures III, LP (Cayo del Oso)/Council Documents/Report - Southside Ventures III, LP.docx Staff Report Page 4 City Council November 19, 2019 Zoning Case #1019-05 Southside Ventures III, LP Rezoning for a Property at 7564 Brooke Road From “RS-TH” To “RS-4.5” 2 Aerial Overview Subject Property at 7564 Brooke Road 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “RS-4.5” Single-Family 4.5 District 6 Public Notification 28 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 7 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 8 Utilities Water: 8-inch Ductile Iron Wastewater: 10-inch PVC Gas: 2-inch Service Line Storm Water: Roadside Drainage DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for the construction of nine single-family townhomes. BACKGROUND AND FINDINGS: The subject property is 0.861 acres in size and is currently zoned “RM-AT/IO” Multifamily AT District with an Island Overlay. The applicant is proposing a Planned Unit Development (PUD) which will allow a small high-density single-family housing group in the coastal style architecture. All units will be single-family residences, have an allowed square footage range of between 1,200 and 2,700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2,700+ square feet in area. The middle size 2 or 3-story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. Conformity to City Policy The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for High Density Residential and Mixed Uses. The proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang/Padre Island Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. The subject property is suitable for the uses Rezoning a property at or near 14901 Granada Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 9-unit townhome development. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. Public Input Process Number of Notices Mailed 16 within 200-foot notification area 5 outside notification area As of October 2, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Totaling 6.86% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development with conditions on October 2, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development with conditions with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property as 14901 Granada Drive described as Lots 1 and 2, Block 4, Section E, Padre Island as shown in Exhibit “A”: from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM- AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development The subject property is located at or near 14901 Granada Drive. Exhibit A, which is a map of the subject property and Exhibit B which is are the Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: Page 2 of 4 1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 9-unit townhome development. 2. Parking: No on-street parking other than the designated spaces shall be allowed on the private right-of-way/access easement. 3.Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4.Time Limit: This PUD shall expire in accodance with Section 3.5.9. of the UDC. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: DMPI Beach Investments, LLC Plano, Texas Submitted by: IA LJA Engineering,. Inc. TBPE F-1386/TBPLS 10104001 5350 SOUTH STAPLES STREET, SUITE 425 CORPUS CHRISTI, TEXAS 78411 PHONE: 361.991.8550 WWW.LJA.COM Engineer: Victor M. Gutierrez, Jr., P.E. This Document is released under the authority of Victor M. Gutierrez, Jr., P.E., Serial No. 77761 For interim review purposes and shall not be used for Construction, bidding or building permit purposes. AUGUST 2019 DEVELOPMENT DESCRIPTION DMPI Beach Investments LLC proposes to develop the Lake Padre Village Planned Unit Development (PUD) on a vacant waterfront 0.861-acre tract of land located on Granada Drive in close proximity and west of the intersection of Granada Drive and Leeward Drive. The proposed development will consist of 9 single-family lots, 1 common area and no commercial lots . The 0.861-acre tract of land consists of all of Lots 1 & 2, Block 4, Section E, Padre Island-Corpus Christi, recorded in Volume 38, Pages 25-26 M.R.N.C.T. In general, the property (Lots 1 & 2) is currently vacant waterfront property and measures 125' x 300'. The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with the Island Overlay, which allows for higher density units and lots per acre. Some units will be constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the International Residential Code and other fire protection improvements will be constructed as required by the City. The concept for Lake Padre Village is for a small high density single family housing group in the coastal style architecture. All units will be single family residences, have an allowed square foot range of between 1,200 and 2, 700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2, 700+ square feet in area. The middle size 2 or 3- story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. ADJOINING LAND USE AND ZONING The property to the north is a townhouse development, the properties to the west and east are vacant lots and the property to the south is a water canal. A segment of the City's Zoning Map is shown on the Zoning Map Exhibit, Sheet 1 of Planned Unit Development (PUD) Exhibits. VICINITY AND LOCATION MAP Vicinity and Location Maps are provided on the Development Location Exhibit, Sheet 2 of the PUD Exhibits. OVERALL SITE PLAN & LOT LAYOUT An Overall Site Plan Exhibit is provided on Sheet 3 of the PUD Exhibits and provides a lot layout, conceptual unit arrangement, a private street and pedestrian access. Lots 1-9 are single family residential lots. Lot 10 represents and consists of a private street, or private access drive, the common areas situated adjacent to the water canal, the sidewalk area between lots 2 & 3, the open space common area between Lots 5 & 6, and the open space common area between Lots 8 & 9. The common and open space areas will be maintained by the lot owners and the Home Owners Association proposed for this development. Page 1of3 DEVELOPMENT DEVIATIONS Development deviations for this development are as follows: 1. Sidewalks will be constructed on the south side of Granada Drive, on the East side of the private street or private access drive and between Lots 2 & 3 to access the waterfront area. 2. A one-foot ribbon curb will be constructed along the edges of the private drive instead of a City standard two foot curb and gutter. 3. Building setbacks will range from O' to 5' from the property lines. 4. The yard requirement for Granada Drive is reduced to 10 feet. 5. The lot area is reduced to a minimum of 2,000 square feet and a maximum of 4,000 square feet. 6. The lot width at the front property line is reduced to a minimum of 26 feet. 7. The right-of-way/Access Easement is reduced to a minimum of 30 feet. 8. Curb is reduced to 1 foot. VEHICULAR AND PEDESTRIAN ACCESS Vehicular access to the Lake Padre Village development will be from Granada Drive. Access to the interior lots will be via a proposed private access drive with a minimum back-of-curb to back- of-curb dimension of 30 feet. Pedestrian access will be provided by proposed 5-foot sidewalks along Granada Drive and 6-foot sidewalks along the east side of the access drive. Additionally, a 6-foot sidewalk is proposed between the two south interior lots will provide access to the waterfront common area. The vehicular and pedestrian access is shown on the Overall Site Development Plan, Page 4 of the PUD Exhibits. PARKING REQUIREMENTS & OPEN SPACE CALCULATIONS A tabular summary of the Parking Requirements and Open Space Calculations is included on the Overall Site Development Plan shown on Page 4 of the Planned Unit Development (PUD) Exhibits. Two parking spaces per lot will be provided in this development, two parking spaces will be provided for guest parking and one parking space will be provided to serve the common area. TYPICAL CROSS SECTIONS Typical Cross Sections are keyed on Page 4 of the PUD Exhibits and shown on the Section Views, Page 5 of the PUD Exhibits. DEEDS The Deeds for the Lots 1 and 2, Block 4 Section E, Padre Island-Corpus Christi are attached for reference. Page 2 of 3 MISCELLANEOUS Distance of Multifamily or Nonresidential Structures from Single Family Use Areas • DMPI Beach Investments, LLC understands UDC's Paragraph 4.2.8 C related to the distance of multifamily or nonresidential structures from single-family areas and offers no objections to structures proposed on adjacent properties that may be constructed in the future to a distance of no closer than 5 feet instead of the 1:2 distance ratio required. Page 3 of 3 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS N + 0 10000 20000 I /1------____,/ Feet UDC Zo n i ng Di s tricts Sec. 4 .3 .3 RS-6 Si ngle-Family 6 UDC Se c. Zon i ng D·istricts 4 .4 .3 RS -TH Townhou s e Multi family AT Pl/Ml/NB 1-2 Families 1-2 Families 4 .4.3 RM-AT 3+ Fam i lies UDC Sec. 4 .5 .3 4 .5 .4 Zon i ng Drs i:rict s Commercial Resort Res i dential Corn me rci a I CR -1 SITE LOCATION Zonin u,ick Reference Guide Resl!del!lda l rnstrkt:s OFOINANCE 026093 0RfWl.l\NCL' 1212 012004, 6:00 PM 1A.(, RM-AT CAoE.NUM Typ i ca l Use(s ) Mi n l ot lot W i dth Setbacks (ft.) Open Max. Density 1----..-----.---.------i S i ze (s qft.} (ft) Street Corner Sid Rear Space He ight (du/ac) Sc h oo ls, a nd Da y Ca re 6,000 50 25 4.2.10 5 5 30% 35 N/A Typ i ca l Use(S.J Townhom e s Apartm ents, S F Home ,. Chu rch e s , Sch oo ls, D a y Care Ho mes, an d Hote Is Min l o t l o t W i dth 1-S_e_t_b_a _c,...ks_...(ft_ ...... l _..--..----1 0pen Max. D'e ns it y ~i ze {s.q ft.~ {f t} Street Co rner Si d Rear Space He ight {d u /acI Section 4.4.3 .A S e ction 4.4 .3 .B 5,000 50 10 5 5 25% Sec. 18 10,000 85 15 5 4.2.8 .C 9 20 1 0 10 10% 60 CommerdaC Districts Typ i cal Use(s ) Mi n l o t l o t W i dth 1-S_e_t_b_a_ck,....s~(f_t.-'-)-,.--,.----JOpen Max. Dens ity Ap a rtments , Off i ce s, Ho t e ls, Resta u rants , Bars , a n d Reta il Size (s q fq (ft) Street Corner Sid Rear Space He ight (d u /ac) 6,000 50 20 15 10 10 25% N/A N/A N/A N/A 20 15 0 0 N/A N/A N/A Com m ercial Re s ort Not Pe rm i tted : He a vy 4 .5. 3 Resid e n ti a I Ve h i d e Repa i r, 1-6-'-10_0_0_. _____ 5_0_--1_2_0 _--1 __ 1_5_-+-1_0___,,_1_0_--+-2_5_%_--+-N_/_A_--+-_4_4_-1 4 .5.4 CR -2 Commercial Ken ne l s N/A N/A 20 15 0 0 N/A N/A N/A Printed 6(7 /18, Au g. 20 16 Unifi e d Deve lop,m e nt Co de (U DC ), K:\DevelopmentSvcs\SHARED\ZONI NG\Zo ning Di s tric t Gu id e REVISION No . DATE BY DESCRIPTI ON TH IS DOCUMENT IS REL EAS ED UN DE R LJ A PRO JE CT No .: THE AUTHOR IT Y OF : C972-21102 IA LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIE RREZ JR., P.E. TX . P.E. ---~-------t1 WA ENGINEERING 5350 Soulh_S~aples. Suite 42 5 TBPE Firm Reg. No. F-1386 ~~~~s(i~gs~9i~x5a~784 1 1 TBPLS Ftrm Reg. No. f0016600 RE G. No . 77761 ~----------------------------.. FOR INTERIM REVI EW PUR POS ES ONLY AND SHALL NOT BE USE D FOR ZONING MAP CONSTRUCTION , BIDDI NG OR PERMIT PURPOSES. DATE : Augu st 23, 2019 . DES.: DATE: VMG 8/23 /19 DRN .: SCALE : MF AS NOTED SHEET: 0 3000 6000 Feet VICINITY MAP LEGAL DESCRIPTION: LOTS 1 & 2, BLOCK 4, PADRE ISLAND CORPUS CHRISTI, SEC E. THE TWO LOTS ADD UP TO 125' IN WIDTH AND 300' IN LENGTH. IA WA ENGINEERING 53~0 Sculh.S~aples . Su~e 425 TBP£ Firm Reg. No. F-1386 ~~:J:i~s(r;:1s~9i~x;to7841 I TBPLS Fm Reg. No. 10016600 LOCATION MAP Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED REVISION No. DATE BY DESCRIPTION THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF : C972-21102 LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIERREZ JR., P.E. TX . P.E. --------- REG . No . 77761 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR DEVELOPMENT LOCATION CONSTRUCTION, BIDDING OR PERMIT PURPOSES. DATE : Augu st 23 , 2019 . DES.: DATE : VMG 8/23 /19 DRN .: SCALE: MF AS NOTED SHEET: 2 CURVE TABLE CURVE# 25' I MOORING AREA C1 C2 C3 LENGTH 15.71 6 .28 6 .28 IA RADIUS DELTA 10.00 090 .00 4 .00 090.00 4 .00 090 .00 S24°W 300' REVISION No. DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) LAKE PADRE VILLAGE DEVELOPER DPMIBEACHINVESTMENTS,LLC 2124 GENT DRIVE PLANO TEXAS, 75035 0 50 100 f-1 -----.E3-r-----+-I ----11 Feet I I 5' EASEMENT I 40' B.B. I 5' EASEMENT '° 60' R.O .W. ©COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No .: THE AUTHORITY OF : C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. l---~-------11 REG. No. 77761 DES.: DATE: UA ENGINEERING 1---------------------------i ~~~~N::~~MH:~~~::~~~:~~OR D:~G SCAL: 123119 CONSTRUCTION , BIDDING OR PERMIT MF AS NOTED PURPOSES . OVERALL MASTER SITE PLAN DATE : Augu st 23 . 2019. SHEET : 3 LEGEND c=J ~ Ir> ~' I OPEN SPACE BUILDABLE AREA 0 I I I SIDEWALK STREET PAVEMENTS & DRIVEWAY BOUNDARY LINE LOT TYPE REQUIREMENTS QUANTITY REQUIRED PARKING OF LOTS PARKING PROVIDED RESIDENTIAL 2 PER UNIT GUEST PARKING 1 PER 5 UNITS COMMON AREA 1 PER 10 ,000 SF . TOTAL OPEN SPACE CALCULATION TOTAL AREA OF PUD TOTAL NON-OPEN SPACE (IMPERVIOUS AREA) TOTAL OPEN SPACE (PERVIOUS AREA) 9 9 3 QUANTITY (SQUARE FEET) 37,500 24,796 12 ,704 18 1 1 20 QUANTITY (ACRE) .8609 .5693 .2916 THE VEHICULAR AND PEDESTRIAN ACCESS FOR THE DEVELOPMENT SHOWS THE ENTRANCE INTO THE THE DEVELOPMENT WILL PROVIDE A 30' CLEAR ENTRANCE AND EXIT FOR FIRE EMERGENCY VEHICLES. THE PRIVATE DRIVE WILL BE A MINIMUM OF 30' BACK-OF CURB TO BACK OF CURB . THE PEDESTRIAN ACCESS WILL BE A 6' SIDEWALK ON ONE SIDE OF THE ROAD WITH ADA RAMPS TO PROMOTE WALKABILITY ACCESS TO AMENITIES ON THE SITE . VEHICULAR ACCESS ONTO BLOCK 1, LOTS 1-9 ARE FROM GRANADA DRIVE . 18 2 21 D/o 100 % 66 .12% 33.88% .ct 50 100 I I Feet ©COPYRIGHT 2019 ALL RIGHTS RESERVED IA WA ENGINEERING 5350 Sou th_S~ap1es . Su~e 425 TBPE Arm Reg. No. F-1386 ~::o~~s(~:ns~g;~x;5s0784 1 1 TBPLSFirmReg. No 10016600 REVISION No . DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) THIS DOCUMENT IS RELEASED UNDER THE AUTHORITY OF : VICTOR M. GUTIERREZ JR., P.E. TX . P.E. REG . No . 77761 ____________________________ ....,. FOR INTERIM REVIEW PURPOSES OVERALL SITE DEVELOPMENT PLAN ONLY AND SHALL NOT BE USED FOR CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE: Au gust 23. 2019 . LJA PROJECT No .: C972-21102 DES .: DATE: VMG 8/23 /19 DRN.: SCALE: MF AS NOTED SHEET: 4 I i I IA .5' HEADER CURB 30' R.O.W. 300' 66' PL. .5' HEADER CURB A-A SECTION F 40' PL. t+-I 5' UE . I 125' ,r 47' R.O.W. 6' SIDEWALK 40' B.B . B-B SECTION 125' 3B'PL. =t I I/IL 5' UE . ----,. 1 I I F 31'PL I 36' R.O.W. 58' PL. t j,__ I 5' UE . I I I I I Hl JB SIDEWALK .5' 29' .5' 6' tj l HEADER CURB PAVEMENT HEADER CURB C-C SECTION REVISION No . DATE BY DESCRIPTION 5' UE . -+t I I I I 0 I LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) 26' PL . r-36' PL. 1 36' PL =t I 10' t 1B.L. GENERAL NOTES: 1. THE PROPOSED MAXIMUM HEIGHT OF ANY STRUCTURE IN THIS DEVELOPMENT IS 45 FEET. 2. ALL RESIDENCE SHALL HAVE A MINIMUM OF TWO PARKING SPACES. I 3. WINDOWS WILL NOT BE PERMITTED ON ANY EXTERIOR WALL SITUATED ON A ZERO-LOT LINE , UNLESS IT IS ADJACENT TO A COMMON AREA WITH AT LEAST 20 FEET OF OPEN SPACE IN WIDTH. 40 80 ,__I ------<I Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF · C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. ---,-------ii REG. No . 77761 DES .: DATE : WA ENGINEERING 5350 South. S~aples . Suite 425 TBPE FlfTTI Reg. No_ F-1386 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR VMG 8/23 /19 ORN.: SCALE : ~~~~5(f6h~)5~g f~1s"5s0784 1 1 TBPLS Flfm Reg. Na 100 16600 SECTION VIEWS CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE : August 23 . 2019 . MF AS NOTED SHEET: 5 PLANNING COMMISSION FINAL REPORT Case No. 1019-02 INFOR No. 19ZN1025 Planning Commission Hearing Date: October 2, 2019 Applicant & Legal Description Owner: DMPI Beach Investments, LLC. Applicant/Representative: DMPI Beach Investments, LLC. Location Address: 14901 Granada Drive Legal Description: Lots 1 and 2, Block 4, Section E, Padre Island, located along the south side of Granada Drive and west of Leeward Drive. Zoning Request From: “RM-AT/IO” Multifamily AT District with the Island Overlay To: “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and with a Planned Unit Development Area: 0.861 acres Purpose of Request: To allow for the construction of a 9-unit townhome development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-AT/IO” Multifamily AT with an Island Overlay Vacant High Density Residential and Mixed Use North “RM-AT/IO” Multifamily AT with an Island Overlay Medium Density Residential High Density Residential and Mixed Use South “RM-AT/IO” Multifamily AT with an Island Overlay Water Water East “RM-AT/IO” Multifamily AT with an Island Overlay Vacant Mixed Use West “RM-AT/IO” Multifamily AT with an Island Overlay Vacant High Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for High Density Residential and Mixed Uses. The proposed rezoning to the “RM- AT/IO/PUD” Multifamily AT District with an Island Overlay and with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang/Padre Island Area Development Plan. Map No. 045043 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 125 feet of street frontage along Granada Drive which is designated as Local/Residential Street. According to the Urban Transportation Plan, Local/Residential Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Granada Drive Local/Residential 50’ ROW 28’ paved 60’ ROW 37’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development to allow for the construction of a 9-unit townhome development. Development Plan: The proposed development will consist of 9 single-family lots, 1 common area and no commercial lots. The 0.861-acre tract of land consists of all of Lots 1 & 2, Block 4, Section E, Padre Island-Corpus Christi, recorded in Volume 38, Pages 25-26 M.R.N.C.T. In general, the property (Lots 1 & 2) is currently vacant waterfront property and measures 125' x 300'. The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with the Island Overlay, which allows for higher density units and lots per acre. Some units will be constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the International Residential Code and other fire protection improvements will be constructed as required by the City. The concept for Lake Padre Village is for a small high density single family housing group in the coastal style architecture. All units will be single family residences, have an allowed square footage range of between 1,200 and 2,700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2,700+ square feet in area. The middle size 2 or 3-story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the “RM-AT” Multifamily AT District and the proposed Planned Unit Development (PUD) and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions “RM-AT” District Standards Proposed PUD Deviation Maximum Density 18 Units per Acre 9 Units per Acre No Minimum Open Space 25% 45% No Minimum Lot Width 50 ft. 26 ft. Yes Minimum Lot Area 5,000 square feet 2,000 square feet Yes Minimum Front Setback 20 ft. 10 ft. Yes Staff Report Page 3 Minimum Street Corner 10 ft. 10 ft. No Minimum Side Yard 10 ft. 0 ft. Yes Minimum Rear Yard 5 ft. 0 ft. Yes Sidewalks 5 ft. both sides 5 ft. only on one side (south side) Yes ROW Width 50 ft. 30 ft. Yes Paved Street Width 28 ft. 27 ft. Yes Curb Type 2 ft. curb & gutter 1 ft. curb & gutter Yes Parking Requirement 2 spaces per unit 2 spaces per unit No Existing Land Uses & Zoning: The subject property is currently zoned “RM-AT” Multifamily AT District with the Island Overlay and is vacant land. To the north are properties zoned “RM-AT” Multifamily AT District with the Island Overlay and consist of single-family townhouse developments. To the south is a canal. Across the canal are properties zoned “RM-AT” Multifamily AT District with the Island Overlay and consist of vacant properties. To the east and west are properties zoned “RM-AT” Multifamily AT District with the Island Overlay and consist of vacant properties. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 8-inch ACP line located along Granada Drive. Wastewater: 12-inch VCP line located along Granada Drive. Gas: 2-inch Service Line located along Granada Drive. Storm Water: Drainage to rear canal. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan (ADP). The proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overland and a Planned Unit Development is consistent with the adopted Comprehensive Plan (Plan CC). The following policies of Plan CC should be considered: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Staff Report Page 4 Department Comments: • The proposed rezoning is compatible with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 9-unit townhome development. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable with the addition of a comment to prohibit on-street parking other than the designates spaces. Planning Commission and Staff Recommendation (October 2, 2019): Approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 9-unit townhome development. 2. Parking: No on-street parking other than the designated spaces shall be allowed on the private right-of-way/access easement. 3. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification Number of Notices Mailed – 59 within 200-foot notification area 5 outside notification area As of September 27, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 6.86% of the land within the 200-foot notification area in opposition. Staff Report Page 5 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (if any) 3. Planned Unit Development (PUD) Guidelines and Master Site Plan https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-02 DMPI Beach Investments PUD (RM-AT)/Council Documents/Report - DMPI Beach Investments PUD.docx Staff Report Page 6 Staff Report Page 7 Staff Report Page 8 DMPI Beach Investments, LLC LAKE PADRE VILLAGE REZONING PROPOSED DEVIATIONS Multifamily Zoning Multifamily Zoning Districts RM-AT RM-AT PUD Max.Density (units/acre) 18 9 Min. Open Space (% site area) 25% 45% Lot Width (ft.) 50’ 26’ Min. Building Separation (ft.) 10’ 3’* Min. Lot Area (sq. ft.) 5,000 SF 2,060 SF min 3,745 SF min ** 4,166 SF Average** Min. Yards (ft.) Street 20’ 10’*** Street(corner) 10’ 10’*** Side (1 fam & 2 fam) 5’ 0’-5’ # Max. Height (ft.) Comply to Section 4.2.8.C. Section 4.2.8.C. NA Max. Height (ft.) Comply to Section 4.2.8.C. Section 7.9.5.A NA * Any building closer than 10’ to another building will have fire wall. A sprinkler system will be installed, as required, to meet the IRC requirements. ** Includes common area associated with lot area. ***There is a 10’ Street Yard for lots adjacent to Granada only. Internal street yard setbacks are to be determined during the design phase and will vary from 3’ to no more than 10’ from the right-of-way line. # Some zero lot line lots are planned in the Lake Padre Village development. (UDC 4.2.11 Water Oriented Subdivision.) Parking Requirements Lot Type Requirement Per UDC Quantity of Units Quantity of Parking Per UDC Quantity of Parking Provided 4.3 RM-AT 2+ Bedroom 2 9 18 18 Guest Parking 1 per 5 Units 9 2 2 Common Area 1 Per 1 1 1 21 Total LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: DMPI Beach Investments, LLC Plano, Texas Submitted by: IA LJA Engineering,. Inc. TBPE F-1386/TBPLS 10104001 5350 SOUTH STAPLES STREET, SUITE 425 CORPUS CHRISTI, TEXAS 78411 PHONE: 361.991.8550 WWW.LJA.COM Engineer: Victor M. Gutierrez, Jr., P.E. This Document is released under the authority of Victor M. Gutierrez, Jr., P.E., Serial No. 77761 For interim review purposes and shall not be used for Construction, bidding or building permit purposes. AUGUST 2019 DEVELOPMENT DESCRIPTION DMPI Beach Investments LLC proposes to develop the Lake Padre Village Planned Unit Development (PUD) on a vacant waterfront 0.861-acre tract of land located on Granada Drive in close proximity and west of the intersection of Granada Drive and Leeward Drive. The proposed development will consist of 9 single-family lots, 1 common area and no commercial lots . The 0.861-acre tract of land consists of all of Lots 1 & 2, Block 4, Section E, Padre Island-Corpus Christi, recorded in Volume 38, Pages 25-26 M.R.N.C.T. In general, the property (Lots 1 & 2) is currently vacant waterfront property and measures 125' x 300'. The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with the Island Overlay, which allows for higher density units and lots per acre. Some units will be constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the International Residential Code and other fire protection improvements will be constructed as required by the City. The concept for Lake Padre Village is for a small high density single family housing group in the coastal style architecture. All units will be single family residences, have an allowed square foot range of between 1,200 and 2, 700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2, 700+ square feet in area. The middle size 2 or 3- story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. ADJOINING LAND USE AND ZONING The property to the north is a townhouse development, the properties to the west and east are vacant lots and the property to the south is a water canal. A segment of the City's Zoning Map is shown on the Zoning Map Exhibit, Sheet 1 of Planned Unit Development (PUD) Exhibits. VICINITY AND LOCATION MAP Vicinity and Location Maps are provided on the Development Location Exhibit, Sheet 2 of the PUD Exhibits. OVERALL SITE PLAN & LOT LAYOUT An Overall Site Plan Exhibit is provided on Sheet 3 of the PUD Exhibits and provides a lot layout, conceptual unit arrangement, a private street and pedestrian access. Lots 1-9 are single family residential lots. Lot 10 represents and consists of a private street, or private access drive, the common areas situated adjacent to the water canal, the sidewalk area between lots 2 & 3, the open space common area between Lots 5 & 6, and the open space common area between Lots 8 & 9. The common and open space areas will be maintained by the lot owners and the Home Owners Association proposed for this development. Page 1of3 DEVELOPMENT DEVIATIONS Development deviations for this development are as follows: 1. Sidewalks will be constructed on the south side of Granada Drive, on the East side of the private street or private access drive and between Lots 2 & 3 to access the waterfront area. 2. A one-foot ribbon curb will be constructed along the edges of the private drive instead of a City standard two foot curb and gutter. 3. Building setbacks will range from O' to 5' from the property lines. 4. The yard requirement for Granada Drive is reduced to 10 feet. 5. The lot area is reduced to a minimum of 2,000 square feet and a maximum of 4,000 square feet. 6. The lot width at the front property line is reduced to a minimum of 26 feet. 7. The right-of-way/Access Easement is reduced to a minimum of 30 feet. 8. Curb is reduced to 1 foot. VEHICULAR AND PEDESTRIAN ACCESS Vehicular access to the Lake Padre Village development will be from Granada Drive. Access to the interior lots will be via a proposed private access drive with a minimum back-of-curb to back- of-curb dimension of 30 feet. Pedestrian access will be provided by proposed 5-foot sidewalks along Granada Drive and 6-foot sidewalks along the east side of the access drive. Additionally, a 6-foot sidewalk is proposed between the two south interior lots will provide access to the waterfront common area. The vehicular and pedestrian access is shown on the Overall Site Development Plan, Page 4 of the PUD Exhibits. PARKING REQUIREMENTS & OPEN SPACE CALCULATIONS A tabular summary of the Parking Requirements and Open Space Calculations is included on the Overall Site Development Plan shown on Page 4 of the Planned Unit Development (PUD) Exhibits. Two parking spaces per lot will be provided in this development, two parking spaces will be provided for guest parking and one parking space will be provided to serve the common area. TYPICAL CROSS SECTIONS Typical Cross Sections are keyed on Page 4 of the PUD Exhibits and shown on the Section Views, Page 5 of the PUD Exhibits. DEEDS The Deeds for the Lots 1 and 2, Block 4 Section E, Padre Island-Corpus Christi are attached for reference. Page 2 of 3 MISCELLANEOUS Distance of Multifamily or Nonresidential Structures from Single Family Use Areas • DMPI Beach Investments, LLC understands UDC's Paragraph 4.2.8 C related to the distance of multifamily or nonresidential structures from single-family areas and offers no objections to structures proposed on adjacent properties that may be constructed in the future to a distance of no closer than 5 feet instead of the 1:2 distance ratio required. Page 3 of 3 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS N + 0 10000 20000 I /1------____,/ Feet UDC Zo n i ng Di s tricts Sec. 4 .3 .3 RS-6 Si ngle-Family 6 UDC Se c. Zon i ng D·istricts 4 .4 .3 RS -TH Townhou s e Multi family AT Pl/Ml/NB 1-2 Families 1-2 Families 4 .4.3 RM-AT 3+ Fam i lies UDC Sec. 4 .5 .3 4 .5 .4 Zon i ng Drs i:rict s Commercial Resort Res i dential Corn me rci a I CR -1 SITE LOCATION Zonin u,ick Reference Guide Resl!del!lda l rnstrkt:s OFOINANCE 026093 0RfWl.l\NCL' 1212 012004, 6:00 PM 1A.(, RM-AT CAoE.NUM Typ i ca l Use(s ) Mi n l ot lot W i dth Setbacks (ft.) Open Max. Density 1----..-----.---.------i S i ze (s qft.} (ft) Street Corner Sid Rear Space He ight (du/ac) Sc h oo ls, a nd Da y Ca re 6,000 50 25 4.2.10 5 5 30% 35 N/A Typ i ca l Use(S.J Townhom e s Apartm ents, S F Home ,. Chu rch e s , Sch oo ls, D a y Care Ho mes, an d Hote Is Min l o t l o t W i dth 1-S_e_t_b_a _c,...ks_...(ft_ ...... l _..--..----1 0pen Max. D'e ns it y ~i ze {s.q ft.~ {f t} Street Co rner Si d Rear Space He ight {d u /acI Section 4.4.3 .A S e ction 4.4 .3 .B 5,000 50 10 5 5 25% Sec. 18 10,000 85 15 5 4.2.8 .C 9 20 1 0 10 10% 60 CommerdaC Districts Typ i cal Use(s ) Mi n l o t l o t W i dth 1-S_e_t_b_a_ck,....s~(f_t.-'-)-,.--,.----JOpen Max. Dens ity Ap a rtments , Off i ce s, Ho t e ls, Resta u rants , Bars , a n d Reta il Size (s q fq (ft) Street Corner Sid Rear Space He ight (d u /ac) 6,000 50 20 15 10 10 25% N/A N/A N/A N/A 20 15 0 0 N/A N/A N/A Com m ercial Re s ort Not Pe rm i tted : He a vy 4 .5. 3 Resid e n ti a I Ve h i d e Repa i r, 1-6-'-10_0_0_. _____ 5_0_--1_2_0 _--1 __ 1_5_-+-1_0___,,_1_0_--+-2_5_%_--+-N_/_A_--+-_4_4_-1 4 .5.4 CR -2 Commercial Ken ne l s N/A N/A 20 15 0 0 N/A N/A N/A Printed 6(7 /18, Au g. 20 16 Unifi e d Deve lop,m e nt Co de (U DC ), K:\DevelopmentSvcs\SHARED\ZONI NG\Zo ning Di s tric t Gu id e REVISION No . DATE BY DESCRIPTI ON TH IS DOCUMENT IS REL EAS ED UN DE R LJ A PRO JE CT No .: THE AUTHOR IT Y OF : C972-21102 IA LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIE RREZ JR., P.E. TX . P.E. ---~-------t1 WA ENGINEERING 5350 Soulh_S~aples. Suite 42 5 TBPE Firm Reg. No. F-1386 ~~~~s(i~gs~9i~x5a~784 1 1 TBPLS Ftrm Reg. No. f0016600 RE G. No . 77761 ~----------------------------.. FOR INTERIM REVI EW PUR POS ES ONLY AND SHALL NOT BE USE D FOR ZONING MAP CONSTRUCTION , BIDDI NG OR PERMIT PURPOSES. DATE : Augu st 23, 2019 . DES.: DATE: VMG 8/23 /19 DRN .: SCALE : MF AS NOTED SHEET: 0 3000 6000 Feet VICINITY MAP LEGAL DESCRIPTION: LOTS 1 & 2, BLOCK 4, PADRE ISLAND CORPUS CHRISTI, SEC E. THE TWO LOTS ADD UP TO 125' IN WIDTH AND 300' IN LENGTH. IA WA ENGINEERING 53~0 Sculh.S~aples . Su~e 425 TBP£ Firm Reg. No. F-1386 ~~:J:i~s(r;:1s~9i~x;to7841 I TBPLS Fm Reg. No. 10016600 LOCATION MAP Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED REVISION No. DATE BY DESCRIPTION THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF : C972-21102 LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIERREZ JR., P.E. TX . P.E. --------- REG . No . 77761 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR DEVELOPMENT LOCATION CONSTRUCTION, BIDDING OR PERMIT PURPOSES. DATE : Augu st 23 , 2019 . DES.: DATE : VMG 8/23 /19 DRN .: SCALE: MF AS NOTED SHEET: 2 CURVE TABLE CURVE# 25' I MOORING AREA C1 C2 C3 LENGTH 15.71 6 .28 6 .28 IA RADIUS DELTA 10.00 090 .00 4 .00 090.00 4 .00 090 .00 S24°W 300' REVISION No. DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) LAKE PADRE VILLAGE DEVELOPER DPMIBEACHINVESTMENTS,LLC 2124 GENT DRIVE PLANO TEXAS, 75035 0 50 100 f-1 -----.E3-r-----+-I ----11 Feet I I 5' EASEMENT I 40' B.B. I 5' EASEMENT '° 60' R.O .W. ©COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No .: THE AUTHORITY OF : C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. l---~-------11 REG. No. 77761 DES.: DATE: UA ENGINEERING 1---------------------------i ~~~~N::~~MH:~~~::~~~:~~OR D:~G SCAL: 123119 CONSTRUCTION , BIDDING OR PERMIT MF AS NOTED PURPOSES . OVERALL MASTER SITE PLAN DATE : Augu st 23 . 2019. SHEET : 3 LEGEND c=J ~ Ir> ~' I OPEN SPACE BUILDABLE AREA 0 I I I SIDEWALK STREET PAVEMENTS & DRIVEWAY BOUNDARY LINE LOT TYPE REQUIREMENTS QUANTITY REQUIRED PARKING OF LOTS PARKING PROVIDED RESIDENTIAL 2 PER UNIT GUEST PARKING 1 PER 5 UNITS COMMON AREA 1 PER 10 ,000 SF . TOTAL OPEN SPACE CALCULATION TOTAL AREA OF PUD TOTAL NON-OPEN SPACE (IMPERVIOUS AREA) TOTAL OPEN SPACE (PERVIOUS AREA) 9 9 3 QUANTITY (SQUARE FEET) 37,500 24,796 12 ,704 18 1 1 20 QUANTITY (ACRE) .8609 .5693 .2916 THE VEHICULAR AND PEDESTRIAN ACCESS FOR THE DEVELOPMENT SHOWS THE ENTRANCE INTO THE THE DEVELOPMENT WILL PROVIDE A 30' CLEAR ENTRANCE AND EXIT FOR FIRE EMERGENCY VEHICLES. THE PRIVATE DRIVE WILL BE A MINIMUM OF 30' BACK-OF CURB TO BACK OF CURB . THE PEDESTRIAN ACCESS WILL BE A 6' SIDEWALK ON ONE SIDE OF THE ROAD WITH ADA RAMPS TO PROMOTE WALKABILITY ACCESS TO AMENITIES ON THE SITE . VEHICULAR ACCESS ONTO BLOCK 1, LOTS 1-9 ARE FROM GRANADA DRIVE . 18 2 21 D/o 100 % 66 .12% 33.88% .ct 50 100 I I Feet ©COPYRIGHT 2019 ALL RIGHTS RESERVED IA WA ENGINEERING 5350 Sou th_S~ap1es . Su~e 425 TBPE Arm Reg. No. F-1386 ~::o~~s(~:ns~g;~x;5s0784 1 1 TBPLSFirmReg. No 10016600 REVISION No . DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) THIS DOCUMENT IS RELEASED UNDER THE AUTHORITY OF : VICTOR M. GUTIERREZ JR., P.E. TX . P.E. REG . No . 77761 ____________________________ ....,. FOR INTERIM REVIEW PURPOSES OVERALL SITE DEVELOPMENT PLAN ONLY AND SHALL NOT BE USED FOR CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE: Au gust 23. 2019 . LJA PROJECT No .: C972-21102 DES .: DATE: VMG 8/23 /19 DRN.: SCALE: MF AS NOTED SHEET: 4 I i I IA .5' HEADER CURB 30' R.O.W. 300' 66' PL. .5' HEADER CURB A-A SECTION F 40' PL. t+-I 5' UE . I 125' ,r 47' R.O.W. 6' SIDEWALK 40' B.B . B-B SECTION 125' 3B'PL. =t I I/IL 5' UE . ----,. 1 I I F 31'PL I 36' R.O.W. 58' PL. t j,__ I 5' UE . I I I I I Hl JB SIDEWALK .5' 29' .5' 6' tj l HEADER CURB PAVEMENT HEADER CURB C-C SECTION REVISION No . DATE BY DESCRIPTION 5' UE . -+t I I I I 0 I LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) 26' PL . r-36' PL. 1 36' PL =t I 10' t 1B.L. GENERAL NOTES: 1. THE PROPOSED MAXIMUM HEIGHT OF ANY STRUCTURE IN THIS DEVELOPMENT IS 45 FEET. 2. ALL RESIDENCE SHALL HAVE A MINIMUM OF TWO PARKING SPACES. I 3. WINDOWS WILL NOT BE PERMITTED ON ANY EXTERIOR WALL SITUATED ON A ZERO-LOT LINE , UNLESS IT IS ADJACENT TO A COMMON AREA WITH AT LEAST 20 FEET OF OPEN SPACE IN WIDTH. 40 80 ,__I ------<I Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF · C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. ---,-------ii REG. No . 77761 DES .: DATE : WA ENGINEERING 5350 South. S~aples . Suite 425 TBPE FlfTTI Reg. No_ F-1386 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR VMG 8/23 /19 ORN.: SCALE : ~~~~5(f6h~)5~g f~1s"5s0784 1 1 TBPLS Flfm Reg. Na 100 16600 SECTION VIEWS CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE : August 23 . 2019 . MF AS NOTED SHEET: 5 City Council November 19, 2019 Zoning Case #1019-02 DMPI Beach Investments, LLC. Rezoning for a Property at 14901 Granada Drive From “RM-AT/IO” To “RM-AT/IO/PUD” 2 Aerial Overview Subject Property at 14836 Granada Drive 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Deviation Table Minimum Dimensions “RM-AT” District Standards Proposed PUD Deviation Maximum Density 18 Units per Acre 9 Units per Acre No Minimum Open Space 25%45%No Minimum Lot Width 50 ft.26 ft.Yes Minimum Lot Area 5,000 square feet 2,000 square feet Yes Minimum Front Setback 20 ft. 10 ft.Yes Minimum Street Corner 10 ft.10 ft.No Minimum Side Yard 10 ft.0 ft.Yes Minimum Rear Yard 5 ft.0 ft.Yes Sidewalks 5 ft. both sides 5 ft. only on one side (south side)Yes ROW Width 50 ft.30 ft.Yes Paved Street Width 28 ft.27 ft.Yes Curb Type 2 ft. curb & gutter 1 ft. curb & gutter Yes Parking Requirement 2 spaces per unit 2 spaces per unit No 6 Master Site Plan 7 Planning Commission and Staff Recommendation Approval of the change of zoning to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and with a Planned Unit Development 8 PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 9-unit townhome development. 2. Parking: No on-street parking other than the designated spaces shall be allowed on the private right-of-way/access easement. 3. Other Requirements:The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). 9 Public Notification 59 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 2 (6.86%) In Favor: 0 X X 10 UDC Requirements Buffer Yards: N/A Setbacks: As per PUD Parking: 2 spaces per unit Uses Allowed: Single-Family Residential, Multifamily, Cottages, Day Care, and Overnight Accommodations 11 Utilities Water: 8-inch ACP Wastewater: 12-inch VCP Gas: 2-inch Service Line Storm Water: Canal to rear DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family home. BACKGROUND AND FINDINGS: The subject property is 0.291 acres in size and is currently zoned “RMH” Manufactured Home District. The applicant is requesting the “RS-6” Single-Family 6 District in order to construct a 1,480 square foot single-family home. The construction project is funded through a grant from the Texas General Land Office (GLO) as part of recovery efforts to rebuild properties that were significantly damaged by Hurricane Harvey. The proposed home will be elevated to eight feet to meet all building and FEMA code requirements. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for Medium Density Residential uses. The proposed rezoning to the “RS-6” Single- Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The subject property is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. While the subject property is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map, the proposed single-family home is a use-for-use replacement and does not increase density within the existing neighborhood. Public Input Process Number of Notices Mailed 16 within 200-foot notification area 5 outside notification area Rezoning a property at or near 3837 Herring Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 As of October 1, 2019: In Favor 2 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District on September 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 17, Block 1, Holliday Harbor as shown in Exhibit “A” from: the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. The subject property is located at or near 3837 Herring Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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. Page 2 of 4 SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 0819-05 INFOR No. 19ZN1023 Planning Commission Hearing Date: September 18, 2019 Applicant & Legal Description Owner: Tammy Johnson Applicant: Brizo Construction Location Address: 3837 Herring Drive Legal Description: Lot 17, Block 1, Holliday Harbor, located along the east side of Herring Drive, south of Yorktown Boulevard, and west of Laguna Shores Road). Zoning Request From: “RMH” Manufactured Home District To: “RS-6” Single-Family 6 District Area: 0.291 acres Purpose of Request: To allow for the construction of a single-family home. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RMH” Manufactured Home Low Density Residential Medium Density Residential North “RMH” Manufactured Home Low Density Residential Medium Density Residential South “RMH” Manufactured Home Low Density Residential Medium Density Residential East “RV” Recreational Vehicle Low Density Residential Medium Density Residential West “RMH” Manufactured Home and “RS-6” Single- Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-6” Single- Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 036027 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 60 feet of street frontage along Herring Drive which is designated as a Local/Residential Street. According to the Urban Transportation Plan, Local/Residential Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Herring Drive Local/Residential 50’ ROW 28’ paved 50’ ROW 20’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District to allow for the construction of a single-family home. Development Plan: The subject property is 0.291 acres in size. The applicant is proposing a 1,480 square foot single-family home. The construction project is funded through a grant from the Texas General Land Office as part of recover efforts to rebuild properties that were significantly damaged by Hurricane Harvey. The proposed home will be elevated to eight feet to meet all building and FEMA code requirements. Existing Land Uses & Zoning: The subject property is currently zoned “RMH” Manufactured Home District, consists of an existing manufactured home, and has remained relatively unchanged since annexation in 1961. To the north and south are properties also zoned “RMH” Manufactured Home District and consist of other individual lots with manufactured homes. Holiday Harbor subdivision was platted in 1961. To the south are single-family homed zoned “RS-6” Single-Family 6 District. To the east is the Laguna Shore Village RV Park and is zoned “RV” Recreational Vehicle District. To the west are properties also zoned “RMH” Manufactured Home District and consist of other individual lots with manufactured homes. One property within the manufactured home subdivision was rezoned to “RS-6” Single-Family 6 District in 1994 to allow for the construction of a single-family home. AICUZ: The subject property is located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ): Accident Potential Zone 2 (APZ-2). Plat Status: The property is platted. Utilities: Water: 6-inch C900 line located along Herring Drive. Wastewater: 8-inch VCP line located along Herring Drive. Gas: 2-inch Service Line located along Herring Drive. Storm Water: Road side drainage located along Herring Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for Medium Density Residential uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Adopt appropriate regulations consistent with the recommendations of the Joint Land Use Study. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • While the subject property is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map, the proposed single-family home is a use-for-use replacement and does not increase density within the existing neighborhood. Staff Recommendation and Staff Recommendation (September 18, 2019): Approval of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District. Public Notification Number of Notices Mailed – 16 within 200-foot notification area 5 outside notification area As of September 13, 2019: In Favor – 2 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/0819-05 Tammy Johnson (Brizo Construction)/Council Documents/Report - Tammy Johnson.docx Staff Report Page 4 Staff Report Page 5 Staff Report Page 6 City Council November 19, 2019 Zoning Case #0819-05 Tammy Johnson (Brizo Construction) Rezoning for a Property at 3837 Herring Drive From “RMH” To “RS-6” 2 Aerial Overview Subject Property at 3837 Herring Drive 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “RS-6” Single-Family 6 District 6 Public Notification 16 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 2 O O 7 UDC Requirements Buffer Yards: Type A: 5 points Setbacks: Street: 25 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 8 Utilities Water: 6-inch C900 Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: Road Side 9 AICUZ DATE:November 12, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. SUMMARY: The Coastal Bend Wellness Foundation has received a grant from the State of Texas, Office of the Governor, Public Safety Office, Criminal Justice Division in the amount of $22,892.91 to fund overtime, fringe benefits, and surveillance equipment for the Police Department to work with the Red Cord Initiative Diversion Program. The City is considered a subgrantee. BACKGROUND AND FINDINGS: The Corpus Christi Police Department will work with the Coastal Bend Wellness Foundation to provide overtime services to conduct law enforcement activities to prevent, control, or reduce prostitution crimes during the grant period of October 1, 2019 to September 30, 2020. The Police Department will provide the following services: Assign personnel trained and specialized in targeting investigations and prosecutions of prostitution crimes. Coordinate and schedule operations in high risk areas to target individuals who are eligible for the diversion program. Participate in and support performance measures and the evaluation plan to meet contractual obligations. Identify a point of contact to serve on the Red Cord Initiative Multi-Disciplinary Care Team and attend coordinating group planning meetings as appropriate. The Red Cord Initiative is a community-based pretrial prostitution diversion program dedicated to providing practical, emotional, and social support for those involved in sex work through mobilization and engagement of community partnerships. The program includes case management, law enforcement, prosecution, and behavioral health services including substance abuse treatment in Nueces County for eligible individuals. The Red Cord Initiative Acceptance of grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 believes in a community-based, comprehensive, and holistic approach with the goals of reducing the harm an individual has caused to themselves, as well as the harm that the individual is causing the surrounding community. The Red Cord Initiative focus is to improve public safety and public order in the Corpus Christi and Nueces County neighborhoods and reduce justice system involvement of people who successfully complete the program. The Police Department will run two operations, each to run for seven hours, for an overtime cost of $15,040.76, fringe benefits of $4,852.15, and undercover and surveillance camera/recording equipment of $3,000 for a total grant amount of $22,892.91. ALTERNATIVES: The alternative of not accepting the funds will cause the program not to be implemented. FISCAL IMPACT: Appropriating $22,892.91 from the Coastal Bend Wellness Foundation grant into the FY 2020 Police General Fund budget. The Police General Fund will provide no cash match. Funding Detail: Fund:1020 Organization/Activity: Police General fund Mission Element:152 Project # (CIP Only): Account:510200 11730 $15,040.76 511000 11730 $ 4,852.15 520090 11730 $ 3,000.00 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute all documents necessary to accept funds from the Coastal Bend Wellness Foundation (CBWF) in the amount of $22,892.91 to support the CBWF’s Red Cord Initiative by providing law enforcement and investigative services. Section 2. That $22,892.91 is appropriated in the No. 1020 Police General Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:December 10, 2019 TO:Mayor and City Council FROM:Rebecca Huerta, City Secretary RebeccaH@cctexas.com 361-826-3105 CAPTION: Ordinance eliminating the following City committees: (1) Advisory Committee on Community Pride; (2) City Council’s Youth Advisory Committee; (3) Clean City Advisory Committee; (4) Community Youth Development Steering Committee; (5) Food Service Advisory Committee; (6) Leadership Committee for Senior Services; (7) Mayor’s Fitness Council; (8) Corpus Christi Museum of Science and History Advisory Board; (9) Oil and Gas Advisory Committee; (10) Parking Advisory Committee; (11) Pipeline Review Panel; (12) Mobility Planning Subcommittee; (13) Tree Advisory Committee; (14) Water Resources Advisory Committee; and (15) to merge the Retired and Senior Volunteer Program Advisory Committee with Senior Companion Advisory to create new Senior Corps Committee; and (16) to revise membership of the Corpus Christi Commission on Children & Youth; and (17) to revise membership of the Sister City Committee; modifying some committee assignments by merging some committees or moving some committee assignments to other committees or city staff; and amending various sections of the City Code to make aforesaid changes; and providing an effective date of December 31, 2019. SUMMARY: This ordinance amends various sections of the City Code by eliminating, modifying, and merging advisory committees, or moving assignments to other committees or city staff. BACKGROUND AND FINDINGS: In the summer of 2019, the Mayor and City Council requested City staff initiate a review of the City’s Advisory Boards and Committees to evaluate the effectiveness of all 28 boards and committees. After a comprehensive evaluation of all boards and committees, it was determined that the City does not have a formal process that eliminates, revises, modifies, and merges advisory boards and committees. The review was divided into two phases. The first phase was to gauge the efficiency and effectiveness of the Advisory Boards and Committees; make recommendations on elimination, continuation, and/or reorganization of boards; and identify areas of weakness in a board’s operations and recommend solutions for improvement. Phase 2 will include a review of current policies, best practices, and establishing a process for creation, elimination, continuation, etc. of a city board or commission. A review of technical boards will also occur. Phase 2 will begin in January/February 2020. Ordinance eliminating, revising, modifying, and merging advisory boards and committees as a result of a thorough review. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 City staff developed a survey to gather data from committee liaisons and key stakeholders to determine the feasibility, elimination, continuation, or reorganization of the advisory boards. The information collected from the survey included 1) efficiency with which the board operates; 2) identify board’s intended objectives, problem/need to be addressed, objectives achieved, and any other activities; 3) alternative methods of performing responsibilities; 4) extent to which the board if needed and used; 5) extent to which board overlaps, duplicates, or could be consolidated with other boards; 6) advise or recommendations provided staff or council of changes or actions benefitting the city/citizens; 7) whether the board encourages public participation and it has resulted in achieving the board’s goals; 8) whether the board complies with the Texas Open Meetings Act or other applicable state and federal laws; and, 9) identify loss of state/federal funds or grants if abolished. The three-step review process included 1) staff evaluation: extensive research and analysis, 2) discussion and input with City leadership; and 3) input from key stakeholders to include Committee chairs, Councilmembers, and Committee members. Based on the feedback, City staff is recommending to amend various sections of the City Code by eliminating, modifying, merging, or moving assignments to other boards or committees. Below is the breakdown of the results: # of advisory committees before review 28 - Number eliminated/merged 15 + New Board: Senior Corps 1 Number after review 14 The remaining Advisory Boards and Committees include Airport Board, Animal Care Advisory Committee, Arts & Cultural Commission, Committee for Persons with Disabilities, Corpus Christi Commission on Children & Youth, Flood Hazard Mitigation Committee, Island Strategic Action Committee, Library Board, Marina Advisory Committee, Park & Recreation Advisory Committee, Sister City Committee, Transportation Advisory Commission, Water Shore & Beach Advisory Committee, and merger of Retired Senior Volunteer Program and Senior Companion Program into the Senior Corps Committee. The recommendations from the review of the Advisory Boards and Committees process is as follows: 1) more efficient and effective use of staff time and funding for department mission and goals; 2) strengthens and optimizes remaining advisory boards; 3) more effective communication from remaining boards; 4) more effective recruitment; 5) under-utilized board members can move to other boards to effectively use their volunteer time; 6) reduces board vacancy rates and recruitment challenges; and 7) eliminates duplication of boards or boards no longer active. ALTERNATIVES: The alternative would be to not amend or partially amend the City Code. FISCAL IMPACT: Approximately 1,200 hours of staff time valued at approximately $35,000 will be saved and reallocated to departmental mission and goals. RECOMMENDATION: City staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 1 Ordinance eliminating the following City committees: (1) Advisory Committee on Community Pride; (2) City Council’s Youth Advisory Committee; (3) Clean City Advisory Committee; (4) Community Youth Development Steering Committee; (5) Food Service Advisory Committee; (6) Leadership Committee for Senior Services; (7) Mayor’s Fitness Council; (8) Corpus Christi Museum of Science and History Advisory Board; (9) Oil and Gas Advisory Committee; (10) Parking Advisory Committee; (11) Pipeline Review Panel; (12) Mobility Planning Committee; (13) Tree Advisory Committee; (14) Water Resources Advisory Committee; and (15) to merge the Retired and Senior Volunteer Program Advisory Committee with Senior Companion Advisory to create new Senior Corps Committee; and (16) to revise membership of the Corpus Christi Commission on Children & Youth; and (17) to revise membership of the Sister City Committee; modifying some committee assignments by merging some committees or moving some committee assignments to other committees or city staff; and amending various sections of the City Code to make aforesaid changes; and providing an effective date of December 31, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, that: SECTION 1. To eliminate the Advisory Committee on Community Pride. The Advisory Committee on Community Pride is abolished effective December 31, 2019. Division 28 of Chapter 2 of the City Code of Ordinances, Sections 2-280 through 2-283, are deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-280. - Created; purpose. There is hereby created the Advisory Committee on Community Pride. The purpose of the committee is 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. Sec. 2-281. - Duties. The committee shall act as an advisor to the mayor and city council regarding development and implementation of a comprehensive community pride campaign that will interrelate with the efforts of the Clean City Advisory Committee, inc luding but not limited to the following activities: (a) Review existing and proposed goals and strategies related to the city's pride campaign aimed at advancing city-wide clean-up and recycling goals, development of beautification programs and enhancement of existing programs such as Adopt -A-Beach, Adopt Downtown, Keep our Beaches Clean, Clean Air Fair, and other related events; (b) Review marketing strategies related to the city's pride campaign which promote cleanliness and beautification proj ects in partnership with local businesses; (c) Review strategies to engage the public to promote community pride and beautification programs at public meetings, community presentations and other city events; 2 (d) Provide input into existing and proposed goals and objectives of current recycling, litter reduction, and solid waste environmental programs; (e) Review new program methodologies related to community pride; (f) Acquaint itself with the pride and cleanliness issues within the community ; (g) Cultivate and promote public knowledge, understanding, and acceptance of the need for community pride initiatives; (h) Provide a public forum for discussion of community needs related to a community pride initiative; (i) Endeavor to support and foster the efforts of all local cooperating groups having a focus on community pride and beautification efforts; and (j) Encourage community involvement in pilot programs aimed at increased community pride. Sec. 2-282. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of eleven (11) members appointed by the mayor with the approval of the city council. (b) 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. (c) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. (d) The director of public information and the director of neighborhood services shall serve as ex-officio members of the committee without vote. Sec. 2-283. - Quorum; procedures; officers; staff liaison, meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) The committee may adopt its own rules of procedure for the conduct of its business and may amend the same from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (c) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice -chairperson to serve during the initial two -year term. Thereafter, the chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. (d) The Special Assistant to the Assistant City Manager - Clean City/Community Pride, or designated representative shall serve as the staff liaison and shall assist with its duties. (e) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (f) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its dutie s. Members of such subcommittees shall be appointed only from among members of the committee. SECTION 2. To eliminate the City Council’s Youth Advisory Committee. The City Council’s Youth Advisory Committee is abolished effective December 31, 2019. Division 24 of Chapter 2 of the City Code of Ordinances, Sections 2-250 through 2-256, are deleted from the City Code of Ordinances effective December 31, 2019. 3 Sec. 2-250. - Created; purpose. There is hereby created a thirteen -member advisory committee that shall assist and advise the city council on city youth issues. The committee shall be known as the City Council's Youth Advisory Committee ("youth committee"). Sec. 2-251. - Powers and duties. The youth committee shall exercise the following powers and duties: (1) Assist and advise the city council on city youth issues; (2) Conduct surveys and determine the concerns and interest of the youth of Corpus Christi; (3) Encourage youth leadership and responsibility through volunteerism and community involvement; (4) Create opportunities for public discussion of youth issues through meetings, workshops and conferences; (5) Look for ways to promote understanding, respect and community in volvement among youth groups of all cultures and backgrounds; and (6) Assist in planning, recommending and implementing youth activities. Sec. 2-252. - Member qualifications; appointments; parks staff liaison. (a) The youth committee consists of thirteen (13) primary members, and thirteen (13) alternates, composed of students in grades 11 or 12 that are city residents. High schools represented by the youth committee include: Calallen, Carroll, Coles, Collegiate, Flour Bluff, Incarnate Word Academy, John Paul II, King, Miller, Moody, Ray, Tuloso -Midway, and West Oso. If a primary committee member is unable to attend a scheduled meeting the alternate member will be contacted to fill the vacancy for the assigned meeting. (b) The youth committee members representing each of the schools will be selected by the principal or the principal's designee of their respective campuses. The principal or principal's designee through the school district's central administration office shall submit the nominees for the primary and alternate members to the youth committee liaison no later than the third Friday in August of the year their respective campus has a vacancy. The nominee will be ratified by the city council. (c) Each 11 th grade youth committee member can serve a two -year term. (d) Each member's term automatically expires three (3) months after high school graduation. (e) The parks and recreation department will assign city staff to serve as staff liaison to the youth committee. Sec. 2-253. - General committee rules apply. Except as otherwise provided in this division 24, the general rules in division 1 (sections 2- 60 through 2-69) and Coun cil Policy 14 (Resolution No. 21901 adopted March 22, 1994) governing city boards, commissions, and committees apply to the youth committee. Sec. 2-254. - Meetings; quorum; voting. 4 (a) The youth committee shall meet three (3) times a year: October, January, and May, in compliance with section 2-62. Special meetings may be called by the chair or upo n request of two (2) members of the youth committee. Notice of meetings shall be posted in compliance with the Texas Open Meetings Act. (b) A quorum shall consist of a majority of the members of the youth committee and any issue to be voted on shall be re solved by a majority of those present. Whenever a quorum is not present at the meeting, the meeting will be considered adjourned and will be rescheduled to the next regular meeting date, or to another date that the chair deems appropriate. Sec. 2-255. - At tendance at meetings; vacancies. (a) If the primary member is not available to attend, the primary member shall contact the alternate member, to attend in the place of the primary member. The alternate member shall attend in the place of the primary member, with voting privileges. (b) If there is a vacancy in the position held by a primary member prior to end of such primary member's term, then: (i) the alternate member shall automatically become the primary member to serve the remainder of the term; and (ii) a new alternate member shall be appointed in accordance with subsection 2-252(c). Sec. 2-256. - Rules of procedure; bylaws. (a) The youth committee shall conduct its meetings in accordance with state law, City Charter, ordinances, and policies and Roberts Rules of Order. Order of business shall be as specified on the agenda. Actions shall be taken on basis of motion, duly seconded, by members of the youth committee. (b) The youth committee shall keep minutes of its proceedings that indicate the attendance of each member and the vote or failure to vote of each member on each question. (c) A copy of the bylaws is attached to Ordinance No. 028174 and is on file in the city secretary's office. A bylaw shall not be suspended without approval of the city parks director, or designee ("parks director"). A bylaw shall not be suspended (or amended) if the suspension (or amendment) would violate state law, City Charter, ordinance, or policy. Upon amendment of the bylaws and approval by parks director, parks director shall file a certified copy of the bylaws, as amended, with the city secretary. Parks director shall not unreasonably withhold approval of suspension or amendment. SECTION 3. To eliminate the Clean City Advisory Committee. The Clean City Advisory Committee is abolished effective December 31, 2019. Division 21 of Chapter 2 of the City Code of Ordinances, Sections 2-231 through 2-234, are deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-231. - Created; purpose. There is hereby created the Clean City Advisory Committee. The purpose of the committee is to advise the city council on recycling, litter, and other solid waste environmental issues of concern in the community. Sec. 2-232. - Duties. 5 The committee shall: (1) Act as an advisor to the city council and city manager regarding issues of concern in the community related to recycling, litter, and other solid waste environmental matters. (2) Develop comprehensive policies and make recommendations regarding implementation of plans and programs to address recycling, litte r reduction, and related solid waste environmental matters. (3) Review existing and proposed goals and objectives of current recycling, litter reduction, and solid waste environmental programs. (4) Review new program methodologies related to recycling an d litter. (5) Acquaint itself with the recycling and litter reduction needs and problems within the community. (6) Cultivate and promote public knowledge, understanding, and acceptance of the need for recycling and litter reduction programs. (7) Provide a public forum for discussion of community needs related to recycling and litter reduction programs. (8) Promote education of the public in recycling, litter reduction, and solid waste environmental campaigns. (9) Endeavor to support and foster t he efforts of all local cooperating groups having a focus on community beautification efforts. (10) Encourage community involvement in pilot programs aimed at increased recycling and reduced litter. Sec. 2-233. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of eleven (11) members. Of the eleven (11) members, one (1) shall be an educator in a primary, secondary, or high school within the city; one (1) shall be a member of a local chamber of commer ce; one (1) shall be a commercial solid waste hauler; one (1) shall be a member of the Beautify Corpus Christi Association; and the remaining seven (7) members shall represent the community at large. (b) 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 at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. (d) The director of neighborhood services, or the director's designee, and the director of environmental services, or t he director's designee, shall serve as ex -officio members of the committee without vote. Sec. 2-234. - Rules of procedure; officers; staff liaison. (a) The committee may adopt its own rules of procedure for the conduct of its business and may amend the same from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve during the initial two -year term. Thereafter, the chairperson and vice-chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. 6 (c) The director of streets and solid waste services, or designated representative, shall serve as the staff liaison and secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. SECTION 4. To eliminate the Community Youth Development Steering Committee. The Community Youth Development Steering Committee which was initially established by Resolution 022938 is abolished effective December 31, 2019. SECTION 5. To eliminate the Food Service Advisory Committee. The Food Service Advisory Committee is abolished effective December 31, 2019. Division 5 of Chapter 19 of the City Code of Ordinances, Section 19-65, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 19-65. - Established; composition; duties; terms. A food service advisory council shall be appointed by the city council and 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. The food advisory council members will appoint the chairperson. The functions of the board will be to advise the director of health on food and food establish ment concerns within the community. Members of the board shall be appointed for staggered terms so that at least one industry representative and one (1) community member are reappointed each year. No voting member may serve more than two (2) terms or three (3) years each with the exception of those initially appointed for less than a full three -year term. SECTION 6. To eliminate the Leadership Committee for Senior Services. The Leadership Committee for Senior Services is abolished effective December 31, 2019. Division 15 of Chapter 2 of the City Code of Ordinances, Sections 2-170 through 2-173, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-170. - Membership. The city council shall appoint a Leadership Committee for Senior Services, to coordinate the efforts of the senior community services division; which includes the retired and senior volunteer program, the senior companion program, and the elderly nutrition program, to consist of fifteen (15) members , two (2) of which will be senior center participants, three (3) of which shall represent agencies with direct services to senior citizens, and ten (10) of which shall represent the community. The members of said committee shall be appointed as follows: ei ght (8) members of said committee shall be initially appointed for a term of one (1) year, and seven (7) members of said committee shall be appointed for a term of two (2) years. Upon expiration of the term of office of the first eight (8) appointees, the succeeding term of office for each new member shall be a term of two (2) years. Members may be reappointed at the discretion of the city council. Sec. 2-171. - Officers. The committee shall at its first meeting select from among its membership a chairman, a vice-chairman and a secretary, and any other officers deemed necessary, and such officers shall serve for the ensuing year or until their successors are selected. 7 Sec. 2-172. - Staff support. The personnel of the senior community services program shall provide staff support to the aforesaid advisory committee. Sec. 2-173. - Duties. The advisory committee's duties will be: (1) To advise the senior community services division staff of the needs for services according to locally conceived priorities; (2) To assist the senior community services division staff in the development of comprehensive senior citizens program plans; (3) To establish priorities and make recommendation for appropriate program funding; (4) To review and evaluate senior communi ty services division operations; (5) To coordinate program and planning activities with local agencies and organizations that serve senior citizens; (6) To increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and (7) To coordinate and plan fund raising activities to benefit senior community services division goals. SECTION 7. To eliminate the Mayor’s Fitness Council. The Mayor’s Fitness Council is abolished effective December 31, 2019. Division 30 of Chapter 2 of the City Code of Ordinances, Sections 2-295 through 2-298, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-295. - Created; purpose. There is hereby created the mayor's fitness council. The purpose of the committee is to encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. Sec. 2-296. - Duties. The committee shall act as an advisor to the city council, city manager, parks department, and health district regarding promotion of healthy living, including but not limited to the following activities: (1) To encourage, promote and enhance healthy living through o rganized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. (2) To collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help com bat chronic disease such as diabetes, cardio pulmonary disease and cancer. Sec. 2-297. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of nine (9) members, to be appointed by the mayor with the approval of the city council. The committee shall consist of individuals representing the following 8 categories: Health care/medical professionals, worksite wellness, disability networks, senior initiatives, youth initiatives, community outreach, and three (3) at large members. (b) All terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. The staggered terms are as follows: (1) The members filling the following five (5) categories have a two -year term which ends in even numbered year: Health care/medical professionals, senior initiatives, youth initiatives, community outreach, and one (1) at large member. (2) The members filling the following four (4) categories have a two -year term which ends in odd numbered year: Worksite wellness, disability networks, and two (2) at large members. (c) In the event a vacancy occurs during any term, the replacement shall be appointed by the mayor with approval of the city council to fill the unexpired term. (d) Ex officio members will include director of parks and recreation, and the director of the city county public health district. Sec. 2-298. - Quorum; officers; staff liaison, meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such committee shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a vice-chairperson to serve during the initial two-year term. The initial chairperson for the initial two-year term shall be the youth/after school program representative. Thereafter, the chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. (c) The pride/clean city coordinator, or designated representative, shall serve as the staff liaison and secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or o f a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of su ch subcommittees shall be appointed only from among members of the committee. SECTION 8. To eliminate the Corpus Christi Museum of Science and History Advisory Board. The Corpus Christi Museum of Science and History Advisory Board is abolished effective December 31, 2019. Division 5 of Chapter 2 of the City Code of Ordinances, Sections 2-90 through 2-92, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-90. - Created; membership; terms; filling vacancies. 9 (a) There is hereby created the Corpus Christi Museum of Science and History Advisory Board which shall consist of nine (9) members. The board members shall be appointed by the mayor with the advice and consent of the city council. (b) Their terms shall run for a full three (3) years. Upon the occurrence of any vacancy, it shall be filled for the unexpired term. (c) The board members shall be selected as follows: nine (9) members shall be nominated by the mayor who shall seek two (2) members from higher educ ation, two (2) members from the field of K-12 education, two (2) members from business community and three (3) members from community advocates. Of these nine (9) members, at least one (1) member should have a background in science, technology, engineering , or math and one (1) member should have a background in history. (d) Ex officio members without vote shall include the city manager and the Superintendent of the Corpus Christi Independent School District, Calallen Independent School District, Flour Bluff Independent School District, Tuloso-Midway Independent School District, and West Oso Independent School District or their designated representative. Sec. 2-91. - Rules of procedure; officers; compensation. The board shall adopt its own rules of procedure for the conduct of its business, shall elect its own chairman and such other officers as the board may determine are necessary. The regular election of the chairman and other officers shall be in October of each year. All board members shall serve without compensation. Sec. 2-92. - Meetings; function. (a) The board shall hold regular meetings bimonthly and such special meetings as may be called by the chairman with notice to all members. (b) The advisory board shall serve as an advisor to the city manager and to the city council in matters of support and development of the museum, including but not limited to the following activities: (1) Advice on management of collections; (2) Advice on acquisitions for the collections; (3) Advice on disposition and the de -acquisition of objects in and for the collection; (4) Advice on use of museum facilities; (5) Advice on museum programming; (6) Advice on project accomplishments and impact; (7) Advice on strategic plans and engagement; (8) Engagement in grant development and fundraising; (9) Advice on capital improvement projects; (10) Serve as community advocates and liaisons; (11) Generate comprehensive report of accomplishments, challenges and recommended improvements; (12) Advice on management of museum; (13) Advice on financial health of museum. 10 SECTION 9. To eliminate the Oil and Gas Advisory Committee and amend Chapter 35 of the City Code of Ordinances to assign duties of the Committee to City staff. The Oil and Gas Advisory Committee is abolished effective December 31, 2019. Section 35-12 and Sections 35-26 through 35-33, of Chapter 35 of the City Code of Ordinances, are deleted from the City Code of Ordinances effective December 31, 2019. The following sections of Chapter 35 of the City Code of Ordinances are revised as follows effective December 31, 2019: “Sec. 35-57. - Marine recreation area, Gulf of Mexico. The marine recreation area in the Gulf of Mexico shall be that portion of the Gulf of Mex ico that is within the city limits and is more than one mile seaward of the one and thirty-seven one hundredths (1.37) foot above mean sea level line along the eastern side of Padre Island and Mustang Island. (1) Within the marine recreational area, an a pproved well structure location shall be not less than two hundred fifty (250) feet from another well structure. (2) An exceptional well structure location shall be a well structure located within two hundred fifty (250) feet of another well structure but recommended by the oil and gas advisory committee superintendent after holding a public hearing to determine the impact on island utilization and development relative to the size and location of the structure applied for. (3) Within the marine recreational area, production platforms shall be prohibited unless deemed necessary and shall be applied for and considered on an individual basis.” “Sec. 35-84. - Routine processing of permit application in full compliance. Upon receipt of an application for a permit to drill and operate a well, the superintendent shall date and set up a file for this application and examine same for compliance with t his chapter. If the application is for a regular location and structure in compliance with all requirements of the chapter, the superintendent shall notify the owners of the land surface listed in section 35 -83(a)(1) and the oil and gas advisory committee by mail of the application and publish a notice of the intention to grant such application and unless someone files a written protest in opposition to the granting within seven (7) days from date of publication. If the application is for a regular location and structure in compliance with all provisions of this chapter, and no written protest in opposition to the granting of the permit, based on one or more of the grounds set forth in section 35 -86 is filed, then the superintendent will, within ten (10) days after date of publication of notice, issue a permit. If a written protest in opposition to the application is filed within seven (7) days from the date of publication of the notice and the superintendent determines that the protest is not well founded, he will after three-days notice to the protestant, issue the permit unless the protestant, within said three (3) days files notice of appeal to the oil and gas advisory committee and city council. In the event the superintendent has found cause to deny th e permit or in the event of a written protest on grounds which are found to be sufficient by the superintendent, followed by the denial of the permit, the superintendent shall inform the applicant in writing of the reasons for such denial. The applicant may then rectify the reason for denial of the permit or appeal to the Gas Director to the oil and gas advisory committee and city council through the procedure described in section 35-85.” Sec. 35-85. - Committee hearing on application other than routine. Process for processing non-routine permit application or appeal of denial. The superintendent shall, within seven (7) days after receipt of an application for an exceptional location or structure or after denial of a permi t as routine, submit to the committee Gas Director his the superintendent’s written report on the application, including any 11 recommendation for its disposition or further handling as to him appears proper, a copy of which shall be contemporaneously delivered or mailed to the applicant. At the request of applicant or any other interested party, the committee Gas Director shall, or upon its own motion may within ten (10) days after its receipt of the superintendent's report hold a hearing on any application for a permit at which any interested party shall be afforded a reasonable opportunity to present oral testimony or other pertinent evidence to the committee. All proceedings before the committee shall be orderly but informal and rules of procedure and evidence (including the cross examination of witnesses) normal in court proceedings shall not be required followed except to the extent permitted or required by the committee. At the request of any applicant, a written record of the proceedings of any such hearing shall be kept, provided that applicant shall pay for all cost and expense of making such record. Not later than thirty (30) days after receiving an application the Gas Director shall make a final determination as to whether the application should be granted, denied, modified or otherwise disposed of. A true copy of said determination shall be deliv ered to the applicant. (Ord. No. 18177, § 1, 4-11-1984) Sec. 35-86. - Council aAction on non-routine permit application after hearing filing of objection by applicant. Not later than thirty (30) days after receiving an application the committee shall make a recommendation to the council as to whether the application should be granted, denied, modified or otherwise disposed of. All written materials, statements, proceedings had in public hearings, and the report of the superintendent shall be transmitted to the council with such recommendation. A true copy of said recommendation shall be delivered to the applicant who shall have five (5) days within which to file with the city secretary a written protest to the council of the committee's recommendation, setting forth therein the grounds for any objection. The failure to file any such objection to the recommendation of the committee shall b e deemed to be a waiver of any objection by the applicant. Upon the filing of said recommendation by the committee and of said objection, if any, by the applicant, or upon the failure of the committee to make such recommendation to the council within the thirty-day period herein provided for, the council shall promptly act upon the application for permit. Except in instances in which the applicant has failed to provide information required by this chapter and in which the council determines that additional information pertaining to such application should be furnished, the council shall take final action upon such applications not later than thirty (30) days after such application properly comes before the council. The council may act upon the basis of the written recommendation and other reports submitted to it, provided, however, that the council may in its discretion order such further or additional hearings before the committee or before the council as it may deem appropriate. The city council superintendent shall have the power to refuse any application for a permit to drill and operate any well at any particular location where by reason of such particular location and the character and value of the permanent improvements already erected on or approximat ely adjacent to the particular location in question, and the use to which the land and surroundings are adapted for school, college, university, hospital, park or civic purpose or for health or safety reasons or any of them, the drilling or operation of such well on the particular location might be injurious or a disadvantage to the city or to its inhabitants as a whole, or to a substantial number of its inhabitants or visitors as a group; or the council superintendent may grant a permit, as it may deem necessary, on such reasonable conditions as to protect all persons who, and property which, may be affected by the drilling and production operations. When the council refuses to issue a permit for the particular drilling location as applied for by the applicant, it The superintendent may, in lieu thereof designate as the drilling location a different drilling site subject to the applicant obtaining all requisite leases, contracts and surface permission for the designated substituted drilling site. (Ord. No. 18177, § 1, 4-11-1984) 12 Sec. 35-88. - Seismic surveys. (a) No geophysical work will be permitted except upon proper application and the payment of a one thousand five hundred dollars ($1,500.00) application fee. A proper application will include the following: (1) Letter of application requesting a geophysical permit. The letter shall set out the system to be employed, when it is intended to begin the work, and also the anticipated date of completion. A statement shall also be made relieving the city of any liability for damages which may result from that operation performed by the applicant. (2) The letter of application shall be accompanied by a certificate of comprehensive general liability insurance in amounts and with endorsements as may be determined by the superintendent to be commensurate with the survey type and location applied for. (3) A plat outlining the areas proposed to be covered by the survey. (4) The term of a seismic permit shall be for three (3) months. The superintendent may grant one (1) extension of time for an additional three (3) months for cause. (b) When the above is properly submitted, the superintendent, after obtaining the recommendation of the committee, may issue a permit to the applicant to conduct such seismic or geophysical work, if by his determination, this work will not create a public nuisance nor be contrary to the public safety. The determination shall be in writing and shall include the consideration of the following factors: (1) The location of the point relative to surrounding improvements, pipelines, wells; (2) The quantity and nature of the proposed seismic survey to be used in implementing the exploration; (3) The pendency of other activities at and adjacent to the point of exploration. (c) The determination of the superintendent may be appealed to th e city council Gas Director in accordance with this subsection. (1) The appeal may be brought by the applicant or by an affected person. An "affected person" for purposes of this section is one who appeared at the committee hearing and who, as a result of the proposed seismic activity, has suffered or may suffer actual injury or economic damage other than as a member of the general public. (2) The superintendent shall send written notice of the determination to the applicant and to any affected person who provides their mailing or fax address to the superintendent prior to the determination. (3) An appeal shall be filed with the city secretary within ten (10) days of the date of written determination by the superintendent. (4) The Gas Director council shall hold a public hearing and render a final decision within thirty (30) days of the filing of an appeal. A two-thirds ( 2/3 ) vote of the city council shall be required to reverse a determination of the superintendent to grant a permit. (Ord. No. 18177, § 1, 4-11-1984; Ord. No. 23020, § 1, 7-29-1997; Ord. No. 23665, § 1, 6-8- 1999; Ord. No. 23918, § 1, 1-18-2000) SECTION 10. To eliminate the Parking Advisory Committee. The Parking Advisory Committee is abolished effective December 31, 2019. Section 53-196 of the City Code of Ordinances, regarding the Parking Advisory Committee, is deleted from the City Code of Ordinances effective December 31, 2019. 13 Sec. 53-196. - Parking advisory committee. (a) There is hereby created an advisory board to be called the parking advisory committee. (b) Membership composition, appointments and terms of the parking advisory committee are as follows: (1) Appointment: The parking advisory committee shall be appointed by the city council and will be composed of eleven (11) voting members and three (3) non -voting advisory members as follows: a. One (1) member nominated by the district council member who represents the downtown area. b. Two (2) members nominated by the Downtown Management District. c. One (1) member nominated by the North Beach Community Association. d. One (1) member nominated by the Uptown Neighborhood Initiative. e. Two (2) members nominated by the Building Owners and Management Association. f. One (1) member nominated by the Corpus Christi Convention and Visitor's Bureau. g. Two (2) members who shall represent downtown residential interests - one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area. h. One (1) member to represent the community at large. i. The city manager, police chief, parks and recreation director or their designees shall serve as non-voting advisory members. The parking control man ager or supervisor shall serve as liaison to the committee. (2) Terms and vacancies: a. Of the eleven (11) members with voting power, the initial terms of six (6) members shall serve a two -year term, and five (5) members shall serve a three -year term as determined by a drawing to be conducted in the city secretary's office. Thereafter, all terms shall be three (3) years with terms expiring on July 31 of the applicable year. b. All vacancies shall be filled in the same manner and to represent the same category vacated. (3) The parking advisory committee provides advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of this chapter, including: a. On-street and off-street parking, special events, and revitalization projects within the city center; b. Developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities. c. Parking and signage programs and city center concerns. d. The location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators. e. Expenditure or usage of parking improvement fund. f. Parking improvemen t. g. Participate with the county on parking enhancement and city center revitalization matters. (4) Organization: The committee shall elect, from among its voting members at the first meeting, a member to serve as a chairperson and a vice-chairperson, and who shall serve for a term of one (1) year. (c) The parking advisory committee meets a minimum of twice yearly and may meet at other times at the call of the chairperson of the committee. 14 (d) The parking advisory committee shall submit written reports and recommendations to the police chief and city manager. The city manager will review the reports and recommendations before submitting to city council for action if necessary. (e) The parking advisory committee shall act in an advisory capacity and shall not incur any debts, expenses or liability to the city. (f) The committee may establish and adopt bylaws not inconsistent with the ordinance. SECTION 11. To eliminate Pipeline Review Panel. The Pipeline Review Panel is abolished effective December 31, 2019. Subsections (g) and (h) of Section 35-152 of the City Code of Ordinances are revised as follows effective December 31, 2019: Sec. 35-152. - New pipelines. (g) An administrative hearing shall be conducted to seek resolution of any substantive, nonresolvable technical issues. The hearing will be conducted before the pipeline review panel [see subsection (h) below]. A quorum of at least three (3) pipeline review panel members must be present to conduct the hearing with at least one (1) of the panel members present at the hearing having emergency management/LEPC expertise. The pipeline review panel City Manager or designee who will render a decision within seven (7) days of the date of such hearing. (h) The city council shall appoint five (5) persons to the pipeline review panel four (4) of whom shall have technical expertise in the construction, maintenance, or operation of pipelines, at least one (1) of which shall have emergency management experience, and the additional person shall be a community representative. Personnel of the city's emergency management office will supply staff support to the panel. Each member of the pipeline review panel shall be appointed for a term of two (2) years and until his successor is appointed. SECTION 12. To eliminate the Mobility Planning committee of the Transportation Advisory Commission. The Mobility planning committee of the Transportation Advisory Commission is abolished effective December 31, 2019. Subsection (5) of Section 2-121 of the City Code of Ordinances is amended as follows effective December 31, 2019: Sec. 2-121. - Organization of transportation advisory commission. (5) Committees. The chair, with the approval of the transportation advisory commission, may establish such committees as may be necessary or appropriate to assist the transportation advisory commission in its studies and in the performance of its duties. Members of such committees may be appointed from among members of the transportation advisory commission or from among the general public, but the chair shall designate voting members of the transportation advisory commission to serve as chair of each committee. Any committee appointed by the transportation advisory commission to study, investigate, advise or consult with them on any issue shall never be authorized or deemed cloaked with aut hority to divulge progress results or findings of such study, investigation, advice or consultation to the press or to the public and any statement so made by such committee shall not constitute official statements or positions of the transportation advisory commission. There are two (2) is one (1) standing committees: a. Bicycle and pedestrian committee b. Mobility planning committee.” 15 SECTION 13. To eliminate the Tree Advisory Committee. The Tree Advisory Committee is abolished effective December 31, 2019. Division 12 of Chapter 2 of the City Code of Ordinances, Sections 2-140 through 2-142, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-140. - Creation and establishment of tree advisory committee. The city council hereby establishes a tree advisory committee for the City of Corpus Christi, Texas, which shall consist of five (5) members to be approved by the city council. Members of the committee shall serve without compensation. Membership of the committee shall consist of one (1) landscape professional defined as a landscape architect, landscape designer, horticulturist or landscape contractor; one (1) certified arborist, or urban forester; one (1) representative from electric utility provider AEP; and two (2) at large community members. Committee liaisons shall be a representative from the parks and recreation advisory committee and also from the planning commission. The committee liaisons shall have no voting power. Staff liaisons to the committee shall be an employee from each of the following city departments: parks and recreation, planning, development services, traffic engineering, engineering, and code enforcement. The certified arborist or urban forester is exempted from the resi dency requirements of section 2-65 and City Council Policy Number 14(o). (Ord. No. 029756, § 1, 2-26-2013; Ord. No. 030059, § 1, 1 -21-2014; Ord. No. 031574, § 1, 10 -9- 2018) Sec. 2-141. - Term of office; chair and vice-chair; and quorum requirements. Terms of office for the tree advisory committee members shall be two (2) years. In order to establish staggered terms, however, two (2) members shall serve an initial term of one (1) year and three (3) members an initial term of two (2) years. Initial terms shall be determined by drawing to be conducted at the initial committee meeting. The committee shall choose a chair and vice -chair, upon approval of the majority of the committee members present and voting. The committee shall comply with the Texas Open Meetings Act. A majority of the committee members shall be a quorum for the transac tion of meetings. (Ord. No. 029756, § 1, 2-26-2013) Sec. 2-142. - Duties and responsibilities. (a) Development of city's public tree plan. (1) It shall be the responsibility of the tree advisory committee to review and recommend a formal written plan to the city council for the care, preservation, pruning, planting, replanting, removal or disposition of public trees. The plan must not conflict with the parks and recreation master plans. The committee shall provide a recommendation to planning commission o n any proposed amendments to the Unified Development Code pertaining to planting and landscaping requirements. (2) A public tree is defined for purposes of this ordinance [Ordinance No. 029756] as trees, shrubs, bushes and all other woody vegetation plante d in land owned by the City of Corpus Christi, Texas. (3) The committee shall work with the staff of the parks and recreation department to develop a recommended list of tree species for public trees to be planted on lands owned by the city. The 16 list shall be broken into categories of small, medium, and large trees, such terms to be defined in the city's public tree plan. (4) The city's public tree plan shall provide for the following: a. No public tree may be closer than the following distances from the curb or sidewalk: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet. b. No public tree shall be planted closer than twenty (20) feet to any street corner, measured from the point of curbs and curblines of the near est intersection. c. No public tree shall be planted closer than ten (10) feet to any fire hydrant. d. The city shall retain all rights to plant, prune, maintain, and remove public trees, plants and shrubs on city owned property. e. The public tree plan shall incorporate all applicable city ordinances regarding tree care and maintenance, including but not limited to the provisions of section 53-264 which requires that every owner of any tree overhanging any street or right -of-way within the city shall prune the branches in accordance with section 53-264 so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clearance space of at least seven (7) feet above the surface of the sidewalk and at least thirteen (13) feet above the surface of the street. f. The plan shall address unnecessary topping of pub lic trees. Trees severely damaged by storms or other causes or certain trees under utility wires and other obstructions where alternative pruning practices are impractical may be exempt from the plan at the determination of the tree advisory committee. (5) The written plan shall be presented to the city council for review and consideration for approval. Upon approval by the city council, such plan shall constitute the official Public Tree Plan for the City of Corpus Christi. (6) The tree advisory committee shall periodically review such approved plan for recommended updates to the city council. Upon city council approval, the committee shall work with the parks and recreation department to implement the plan. (b) Other duties. (1) The committee may recommend to the parks director the removal of any public tree or part thereof which is damaged by disease, storm or which is in an unsafe condition. (2) The city council may request the tree advisory committee to consider, investigate, make findings, report or recommend upon any special matter of question pertinent to the city public tree plan. (3) The tree advisory committee shall provide a recommendation to planning commission on any proposed amendments to the Unified Development Code pert aining to tree planting and landscaping requirements. (Ord. No. 029756, § 1, 2-26-2013) SECTION 14. To eliminate the Water Resources Advisory Committee. The Water Resources Advisory Committee is abolished effective December 31, 2019. Division 20 of Chapter 2 of the City Code of Ordinances, Section 2-230, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-230. - Composition, organization and duties. (a) Composition. (1) There is hereby created the water resources advisory committee which shall consist of ten (10) members. The members shall include a residential customer of the city's water system (homeowner), a large commercial customer of the city's water system, a wholesale raw or treated water customer of the city's regional water supply system, a representative of the Port Industries of Corpus Christi, a representative of a school district located within the city, a representative of a military facility, a representati ve of 17 landscaping/nursery/horticulture interest, an apartment owner or owner's representative, a citizen at large, and a member or employee of an organization that seeks to protect or positively influence the Nueces River watershed or its ecosystems. (2) The members of the advisory committee are appointed by the mayor with the approval of the council, for two -year terms of office. The initial members of said advisory committee were appointed as follows: Four (4) members of the advisory com mittee shall be initially appointed for a term of one (1) year, and five (5) members of the advisory committee shall be appointed for a term of two (2) years. Upon expiration of the term of office of the first nine (9) appointees, the succeeding term of of fice for each new member shall be for a term of two (2) years. Any vacancy shall be filled for the unexpired term. All committee members shall serve without compensation. (3) The mayor may appoint one (1) or two (2) council member(s) to serve as an ex off icio member(s) of the committee. (b) Organization. (1) The committee shall adopt its own rules of procedures. (2) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve during the first term. Thereafter, a committee chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms expiring each May 30. Said election shall be held each year at the first regular meeting after appointments to fill expired terms. (c) Duties. The advisory committee shall advise the city council, city manager, and water superintendent in matters of water resources management. The city council, city manager, and water superintendent may refer matters to the committee to obtain their views.” SECTION 15. To eliminate the Retired and Senior Volunteer Program Advisory Committee and the Senior Companion Program Advisory Committee to form the new Senior Corps Committee. The Retired and Senior Volunteer Program Advisory Committee and the Senior Companion Program Advisory Committee are abolished effective December 31, 2019. Division 27 of Chapter 2 of the City Code of Ordinances, Sections 2-276 through 2-279, and Division 26 of Chapter 2 of the City Code of Ordinances, Sections 2-270 through 2-273 are deleted from the City Code of Ordinances effective December 31, 2019. New Division 26 is added to Chapter 26 of the City Code of Ordinances to establish the Senior Corps Advisory Committee as follows: Sec. 2-270. - Created; purpose. There is hereby created the Senior Companion Program Advisory Committee. The purpose of the committee is to advise the city council on the Senior Companion Program. Sec. 2-271. - Duties. The committee shall act as an advisor to the city council and city manager and parks department staff regarding senior companion program, including but not limit ed to the following activities; (1) Advise on senior companion recruitment strategies; (2) Provide support in recruitment of volunteers and volunteer stations for the Senior Companion Program; (3) Serve as community advocates and liaisons for the Senior Companion Program; (4) Assist in development of non -federal resources to include fundraising for the Senior Companion Program; (5) Advise on programming for impact; 18 (6) Advise on how to measure trends and impact of trends in the community regarding Senior Companion Program; (7) Assist with development and implementation of program evaluations and surveys; (8) Conduct an annual assessment of the program by surveying program volunteers; (9) Bi-annually assess senior companion project accomplishments an d impact; and (10) Attend special events and activities related to Senior Companion Program. Sec. 2-272. - Membership; terms; filling vacancies. (a) The committee shall consist of seven (7) members. All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. One (1) member shall be a current Senior Companion Program ("SCP") volunteer, and one (1) member shall represent the SCP Volunteer Station. To serve as the SCP volunteer representative, t he member must be an active SCP volunteer for at least one (1) year, and currently serve a minimum of fifteen (15) hours per week. To serve as the SCP volunteer workstation representative, the member must be an executive, director or similar leadership pos ition at a current SCP volunteer station for the City of Corpus Christi. (b) Of the initial members, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c)In the event a vacancy occurs during any term, the city council appointment of a new member shall be to fill the unexpired term. Sec. 2-273. - Quorum; officers; staff liaison; meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters be fore the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice -chairperson to serve during the initial one -year term. Thereafter, the chairperson and vice-chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointment s to fill expiring terms. (c)The SCP program manager, or designated representative, shall serve as the staff liaison and the community service officer or designated representative shall serve as the secretary of the committee and shall send all notices fo r meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee. Sec. 2-276. - Created; purpose. There is hereby created the Retired and Senior Volunteer Program Advisory Committee. The purpose of the committee is to advise the city council on the Retired Senior Volunteer Program. Sec. 2-277. - Duties. 19 The committee shall act as an advisor to the city council and city manager and parks department staff regarding Retired and Senior Volunteer ("RSVP") Program, including but not limited to the following activities; (1) Advise on volunteer recruitment strategies; (2) Provide support in recruitment of volunt eers and volunteer stations for the Retired And Senior Volunteer Program; (3) Serve as community advocates and liaisons for the Retired and Senior Volunteer Program; (4) Assist in development of non-federal resources to include fundraising for the Retired and Senior Volunteer Program; (5) Advise on programming for impact; (6) Advise on how to measure trends and impact of trends in the community regarding Retired and Senior Volunteer Program; (7) Assist with development and implementation of program evaluati ons and surveys; (8) Conduct an annual assessment of the program by surveying program volunteers; (9) Bi-annually assess project accomplishments and impact; and (10) Attend special events and activities related to Retired and Senior Volunteer Program. Sec. 2-278. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of seven (7) members. All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. One (1) member shall be a current RSVP volunteer, and one (1) member shall represent the RSVP volunteer station. To serve as the RSVP volunteer representative, the member must be an active RSVP volunteer who volunteers at least one (1) hour per month at a registered RSVP volunteer station. To serve as the RSVP volunteer workstation representative, the member must be an executive, director or similar leadership position at a non -profit agency that operates a RSVP volunteer station for the City of Corpus Christi. (b) Of the initial members, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members sh all serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the city council appointment of a new member shall be to fill the unexpired term. Sec. 2-279. - Quorum; officers; staff liaison, meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, the committee shall elect a chairperson and vice-chairperson to serve during the initial one -year term. Thereafter, the chairperson and vice-chairperson shall be elected to serve one -year terms. (c) The RSVP program manager, or designated repres entative, shall serve as the staff liaison and the community service officer or designated representative shall serve as the secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city off icials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once e ach month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee. 20 “DIVISION 26. - SENIOR CORPS ADVISORY COMMITTEE Sec. 2-270. - Created; purpose. There is hereby created the Senior Corps Advisory Committee. The purpose of the committee is to advise the City Council on the Senior Companion Program and the Retired and Senior Volunteer Program (referred to in this Division 26 as “the Programs”). Sec. 2-271. - Duties. The committee shall act as an advisor to the city council and city manager and parks department staff regarding Senior Companion Program and the Retired and Senior Volunteer Program, including but not limited to the following activities; (1) Advise on recruitment strategies for the Programs; (2) Provide support in recruitment of volunteers and volunteer stations for the Programs; (3) Serve as community advocates and liaisons for the Programs; (4) Assist in development of non-federal resources to include fundraising for the Programs; (5) Advise on programming for impact; (6) Advise on how to measure trends and impact of trends in the community regarding the Programs; (7) Assist with development and implementation of program evaluations and surveys; (8) Conduct an annual assessment of the Programs by surveying program volunteers; (9) Bi-annually assess project accomplishments and impact of the Programs; and (10) Attend special events and activities related to the Programs Sec. 2-272. - Membership; terms. (a) The committee shall consist of five (5) members. One (1) member shall be a current Senior Companion Program ("SCP") volunteer, one (1) member shall represent the SCP Volunteer Station; one (1) member shall be a current Retired and Senior Volunteer Program (“RSVP”) volunteer; one (1) member shall represent the RSVP volunteer station; and one (1) member shall be at large. (b) Of the initial members, three (3) members shall serve a two-year term and two (2) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. Sec. 2-273. - Quorum; officers; staff liaison; meetings. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve a one-year term. Following the initial election, subsequent elections for chairperson and vice-chairperson shall be held each year at the first regular meeting. (c) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (d) City staff from the Parks and Recreation Department will be assigned to assist the committee.” 21 SECTION 16. To revise membership of the Corpus Christi Commission on Children & Youth. The Corpus Christi Commission on Children & Youth is revised effective December 31, 2019. Section 2-217 and Section 2-218 are amended as follows effective December 31, 2019: “Sec. 2-216. - Functions and duties. The commission will: (1) Gather and organize information from all people and entities in order to act as a source of information and referral on issues concerning children, youth and their families; (2) Develop an annual community action plan for children, youth and their families; (3) Advise the city council on acquiring and efficiently allocating resources and services for children, youth and their families; (4) Promote strengthening of existing services for children, youth and their families; (5) Strengthen communications and encourage partnerships between public and private entities working with children, youth and their families; and (6) Serve as an advocate of local, state and federal policy benefitting children, youth and their families to the city council, and to others as authorized by the council. Sec. 2-217. - Membership. The commission shall consist of nine (9)fifteen (15) members appointed by the city council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupati on or through association with community-based organizations. One (1) member shall be representative of each of the following fields: 1) health and human services;2) law enforcement; 3) education; and 4) youth and family services. Three (3) members shall b e at large. One (1) member shall be a representative of the Nueces County District Attorney's Office. Any member who ceases substantial activity in the field or office represented automatically resigns from the commission. One (1) member shall be a youth representative from sixteen (16) to twenty-one (21) years of age at time of appointment. The commission shall be composed with 8 Adult Members and 7 Youth Members as follows: 8 Adult members representing the following categories: 1 Health & Human Services; 1 Law Enforcement; 1 Education; 1 Youth & Family Services; 2 At-large; 1 District Attorney’s Office; and 1 Faith-based organization; 7 Youth members as follows: 1 Youth at-large; 1 high school student from Corpus Christi Independent School District; 1 high school student from Calallen Independent School District; 1 high school student from Tuloso-Midway Independent School District; 1 high school student from West Oso Independent School District; 1 high school student from Flour Bluff Independent School District; and 1 high school student from a charter school. The youth members shall be high school juniors or seniors at time of appointment. 22 Sec. 2-218. - Term of office. Members shall serve staggered three-year terms except the youth members shall serve one year terms. commencing as follows: Health and human services, education, and youth representative terms shall commence in 2013; two (2) at large and law enforcement representative terms shall commence in 2014; and youth and family services, one (1) at large, and dist rict attorney representative terms shall commence in 2015. Any vacancy shall be filled for the unexpired term. Sec. 2-219. - Officers. The commission shall elect a chairperson and such other officers as it deems necessary. Officers shall serve one-year terms. Sec. 2-220. - Meetings. The commission shall meet at least monthly on an established day, and may meet more frequently. Five Adult Members A majority of members holding office shall constitute a quorum. The commission may adopt rules for the transaction of its business. The chairperson or any four (4) members may call a meeting. The commission shall be governed by the Texas Open Meetings Act. Sec. 2-221. - Staffing. The city manager shall appoint staff to assist the commission.” SECTION 17. To revise membership of the Sister City Committee. The Sister City Committee is revised effective Decem ber 31, 2019. Section 2-151 is revised as follows effective December 31, 2019: “Sec. 2-151. - Steering committee. The Sister City Committee shall consist of nine (9) members who shall be appointed by the City Council and shall serve three-year terms. In addition, representatives from the following city departments shall serve as ex-officio, nonvoting members of the steering committee: mayor's offi ce, Corpus Christi International Airport, and parks and recreation. The sister city committee shall consist of a steering committee and various subcommittees. The steering committee shall consist of nine (9) members who shall be broadly representative of racial, religious and ethnic groups in the community. The members sh all be appointed by the city council and shall serve three -year terms or until their successors are appointed and qualified. The steering committee shall be responsible for the overall administration and implementation for the city's sister city program. The steering committee shall be comprised of representatives of the following categories: Economic development sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; 23 Higher education institution; Advertising/public relations; Arts/cultural; and Two (2) at large. In addition, representatives from the following city departments shall serve as ex -officio, nonvoting members of the steering committee: mayor's office, Corpus Christi International Airport, and parks and recreation .” SECTION 18. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 19. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Review: City of Corpus Christi Advisory Boards By City Secretary Supporting departments: City Manager, City Attorney, City Departments with Advisory Boards, Strategic Planning & Innovation December 10, 2019 First Reading December 17, 2019 Second Reading No “Sunset” Ordinance or process for Board & Committee reviews •Fall 2018 •City Secretary engaged TAMU CC to conduct a preliminary needs assessment and survey of board members •39% response rate; 75% board members •City Council expressed support for the evaluation of the boards •Summer 2019 •City Secretary initiated a review of the Advisory Boards 2 28Advisory Boards1 _______________ 1 The scope of this review excludes those City boards and commissions with quasi-judicial powers such as Planning Commission, Board of Adjustment and other technical boards. •Advisory Committee on Community Pride (Mayor) •Airport Board •Animal Care Advisory Committee •Arts & Cultural Commission (Mayor) •City Council’s Youth Advisory Committee •Clean City Advisory Committee •Committee for Persons with Disabilities •Community Youth Development (78415) Program Steering Committee •Corpus Christi Commission on Children & Youth •Food Service Advisory Committee •Flood Hazard Mitigation Committee •Island Strategic Action Committee •Leadership Committee for Senior Services •Library Board •Marina Advisory Committee •Museum of Science & History Advisory Board (Mayor) •Mayor’s Fitness Council (Mayor) •Oil & Gas Advisory Committee (Mayor) •Parking Advisory Committee •Park & Recreation Advisory Committee •Pipeline Review Panel •Retired & Senior Volunteer Program Advisory Committee •Senior Companion Program Advisory Committee •Sister City Committee •Transportation Advisory Commission •Tree Advisory Committee •Water Resources Advisory Committee (Mayor) •Water Shore & Beach Advisory Committee 3 Scope •Gauge the efficiency and effectiveness of the Advisory Boards. •Make recommendations on elimination, continuation, and/or reorganization of boards. •Identify areas of weakness in a board’s operations and recommend solutions for improvement. •Determine the need for a review process for the creation, elimination, continuation, or reorganization of a City board or commission2. ________________ 2 Criteria includes estimated city staff time and other support costs to establish and maintain. 4 Criteria: determine need for, elimination, continuation, or reorganization of boards 1) Efficiency with which the board operates; 2) Identify board’s intended objectives, problem/need to be addressed, objectives achieved, and any other activities; 3) Alternative methods of performing responsibilities; 4) Extent to which the board is needed and used; 5) Extent to which board overlaps, duplicates, or could be consolidated with other boards; 6) Advise or recommendations provided staff or Council of changes or actions benefitting the City/citizens; 7) Whether the board encourages public participation and it has resulted in achieving the board’s goals; 8) Whether the board complies with the Texas Open Meetings Act or other applicable state and federal laws; 9) Identify loss of state/federal funds or grants if abolished. 5 Review Process: Staff Evaluation Staff Evaluation Extensive research and analysis to determine: ●the need for ●performance of, and ●improvements to boards. Staff ●Reviewed board surveys ●Received input from departments, legal, city secretary, & city manager ●Evaluated and identified issues ●Developed preliminary rec’ds ●Staff modifies rec’ds, drafts ordinances, & prepares agenda item 6 Review Process: City Council Consideration City Council Action City Council considers final recommendations City Council takes action Staff ●Final recommendations presented to city council ●Ordinances affecting boards adopted 7 Recommendation: 14 Boards Remain •Number advisory boards before review 28 - Number eliminated 15 + New board: Senior Corps Advisory Committee3 1 Total number of advisory boards after review 14 •Eliminate Mobility Planning Subcommittee4 •Parks & Recreation: 6 advisory boards remain (reduced from 13). ________________3 RSVP & SCP are the Retired Senior Volunteer Program and Senior Companion Program, respectively and merged.4 Mobility Planning Subcommittee of Transportation Advisory Commission 8 14Advisory Boards 9 •Airport Board •Animal Care Advisory Committee •Arts & Cultural Commission (Mayor) •Committee for Persons with Disabilities •Corpus Christi Commission on Children & Youth (15=8 adults; 7 youth) •Flood Hazard Mitigation Committee •Island Strategic Action Committee •Library Board •Marina Advisory Committee •Park & Recreation Advisory Committee •Sister City Committee (9 at-large) •Transportation Advisory Commission •Water Shore & Beach Advisory Committee •Senior Corps (Merges RSVP & SCP) Retain New Impact:More Focus on Mission & Goals Staff Time Supporting 28 Advisory Boards6 28 Advisory Boards Estimated Staff Hours Total Departments 4,188 $ 153k City Secretary 2,163 $ 43k City Council Time 270 $ 1k Total 6,303 $ 197k Savings: Boards & Subcommittee Estimated Staff Hours Total Departments 1,206 $ 35k Savings by Reallocating Staff Time 6 Note that at least 3 boards reported 0 support because they are no longer active. 10 •Efficient use of staff time and funding for department mission and goals •Strengthens and optimizes remaining advisory boards •more effective communication from remaining boards •more effective recruitment •under-utilized board members can move to other boards to effectively use their volunteer time •Reduces board vacancy rates and recruitment challenges •Eliminates duplication of boards or boards no longer active Benefits: Strengthens & Improves Overall 11 Next Steps Phase 1: City Council consideration of staff’s recommendation on Advisory Boards Phase 2: a) Review of current board & commission policy and ordinance •Consider best practices •Establish process for creation, elimination, continuation, or reorganization of a city board or commission. b) Review of Technical Boards 12 DATE:November 23, 2019 TO:Peter Zanoni, City Manager FROM:Miles Risley, City Attorney MilesR@cctexas.com 826-3360 CAPTION:Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill. SUMMARY:The City Council has authorized real estate broker to sell the property at 7101 Edgebrook Drive and the broker has submitted the highest cash offer received. BACKGROUND AND FINDINGS:The City owns the lot at 7101 Edgebrook Drive. Texas Local Government Code Section 253.014 allows municipalities to utilize a broker services contract to sell properties to the buyer who submit the highest cash offer. An earlier offer of $20,000 was approved on June 25, 2019, however that transaction did not close. The broker has submitted the most recent highest cash offer of $18,000 which was received from James Magill. The propoerty will be sold “As- Is". The lot is approximately 0.1431 acres or 6235 square feet. Sale of vacant lot located at 7101 Edgebrook AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 ALTERNATIVES:An alternative to the sale would be for the City to continue to own and maintain the property. An alternative to the requested action to achieve similar results would be to present the item to the voters for approval. However, the proposed ordinance does not require voter approval. FISCAL IMPACT: The fiscal impact from the sale of this property is to produce $18,000 of additional General Fund revenue. Funding Detail: Fund:1020 General Fund Organization/Activity: 11020 General Govt. Revenue Mission Element:888 Revenue Project # (CIP Only): N/A Account:343590 Sale of City Property RECOMMENDATION: Approval of the Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill LIST OF SUPPORTING DOCUMENTS: Ordinance Contract DATE:December 2, 2019 TO:Peter Zanoni, City Manager FROM:Bill Mahaffey, Director of Gas BillM@cctexas.com 826-1801 CAPTION: Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC. SUMMARY: This ordinance authorizes the sale of the City’s interest in the vacant lot at 926 St. Bernard with the exception of the Utility easement which will remain under the City’s ownership. The Gas Department currently operates a 6 inch gas line within the remaining easement. BACKGROUND AND FINDINGS: The City acquired a gas pipeline in the Flour Bluff area from South Shore Pipeline in 2008. As part of the pipeline acquisition, the City acquired an interest in the vacant residential lot at 926 St. Bernard. Our research indicates that the City acquired 37.5% interest in the lot. Title records indicate that the co- owners of the lot are the City of Corpus Christi, Strategic Investment Solutions, LLC and Mighty Oak Energy, LLC. Strategic Investment Solutions desires to purchase the City’s interest in the lot. The Gas Department has no need for the lot other than to maintain the utility easement. The Nueces County Appraisal District records valued the lot at approximately $29,000 in 2015. Currently there is a 6 Inch gas line inside the easement that will remain under the City’s ownership and a 10 Inch abandoned gas main that is not needed by the Gas Department. Sale of City’s interest in vacant lot at 926 St. Bernard AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 ALTERNATIVES: The City can alternatively keep and maintain the lot with the shared interest, negotiate a price to purchase the remaining interest from Strategic Investment Solutions, LLC, or list the property and sell it to a 3rd party. These options would have to be renegotiated with Strategic Investment Solutions, LLC. FINANCIAL IMPACT: The approvalof the sale of the City’s interest in the vacant lot at 926 St. Bernard produces $7,500.00 in revenue for the City’s Gas Department Operating Fund No. 4130. Funding Detail: Fund: 4130 Gas Fund Organization/Activity: 34000 Gas Administration Mission Element: 888 Project # (CIP Only): N/A Account: 343590 Sale of Scrap/City Property RECOMMENDATION: Sell the City’s interest in the lot to Strategic Investment Solutions, LLC. LIST OF SUPPORTING DOCUMENTS: Ordinance Unimproved Property Contract Exhibit showing location Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC Whereas,the City acquired a gas pipeline from South Shore Pipeline in 2008 (the Pipeline Acquisition); Whereas,as part of the PipelineAcquisition, the City acquired apartialinterest in the vacant lot known as 926 St. Bernard by Quitclaim Deed from South Shore Pipeline in 2008; Whereas, title records indicate that the co-owners of the lot are the City of Corpus Christi, Strategic Investment Solutions, LLC and Mighty Oak Energy, LLC; Whereas, Strategic Investment Solutions desires to purchase the City’s interest in the lot and the City Gas department has no need or use for the property other than to retain the utility easement; Whereas,as provided by Texas Local Government Code Section 272.001 (k), the notice and bidding requirements for sale of property under Texas Local Government Code Section 272.001 (a) do not apply to a sale of land by a municipality operating a municipality owed electric or gas utility if the land is held or managed by the municipally owned utility provided that the governing body of the municipally owned utility shall adopt a resolution stating the conditions and circumstances for the sale or exchange and the public purpose that will be achieved by the sale or exchange; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1.The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sale of City’s interest is hereby approved: 926 St. Bernard, Corpus Christi, Texas, with legal description of Lot 7, Block 6, Highland Oaks Unit Two, Corpus Christi, Nueces County, Texas, to Strategic Investments Solutions, LLC. for $7,500. The City will retain the utility easement at the property. SECTION 3. That the sale of the City’s partial interest in the lot as provided for herein meets the public purpose of efficient management in the operation of the gas system. SECTION 4.That the City Manager and Assistant City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to all closing documents. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 30, 2019 TO:Peter Zanoni, City Manager FROM:Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 CAPTION: Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $133,000 for their Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. SUMMARY: The Type A Board has approved a grant of $133,000 for Del Mar College Contract Resource Center to pay for staff and support to help small businesses qualify for and to bid on procurement contracts with large companies. Especially those new to our area. The Type A Grant for Del Mar College’s Contract Resource Center runs from January 1, 2020 through December 31, 2020 BACKGROUND AND FINDINGS: Del Mar College proposes to create/staff/support a specific technical assistance program with a Contractor Support focus. This Contractor Resource Center (CRC) will be housed with the SBDC and PTAC. All three programs will work in concert to address the specific needs of each client who seeks assistance from the center. The lead advisor for this program will have extensive experience with large industry qualification standards, processes and requirements. Services will be delivered primarily via one-on-one advising as so many of these topics and issues are going to be unique to each business and confidentiality will be paramount. The goal of this effort will be to prepare as many as possible of the local contractors to be viable business vendors for existing and upcoming large-industry opportunities. Nueces County has over 2,200 construction/manufacturing/oilfield service/transportation firms. A good portion of them are not currently organized to be qualified to do business with large firms. There is a lot of potential to develop a strong, qualified base of support vendors. Many firms already have most of the pieces they need; they just need assistance with organizing, presenting and marketing themselves to Extend Grant for Del Mar College Contract Resource Center Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 be competitive. In addition to one-on-one advising, the Center will also organize and conduct training workshops on the more general topics to address the need for this information on a broader scale. The primary goal of the CRC will be to prepare existing local small companies to be qualified to meet the procurement needs of industry. The Board approved the terms of this agreement on October 15, 2018. The Council approval wasn’t until February of 2019. Since the Center opened on April 1, 2019, they have worked with 35 clients and those clients have been awarded two contracts and they have created 2 jobs as a result. The Center has held two training events and had 144 attendees. There are nine industrial partners signed up with CRC. The Type A Board approved the renewal on October 28, 2019. ALTERNATIVES: The Board could decide not to continue the program or to move funds to another program. FISCAL IMPACT: This Type A grant has been approved by the Type A Board for $133,000 out of Type A funds. FUNDING DETAIL: Fund: 1140 Business and Job Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: 707 Economic Development Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approving the renewal of the grant for $133,000 for the CRC program. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Renewal of Program Small Business Incentive Agreement renewal– Del Mar CRC Page 1 of 2 @BCL@AC0E6429.docx CRC Ordinance approving Renewal No. 1 to the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide a grant up to $133,000 for the Contractor Resource Center program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating $133,000 from the unreserved fund balance in the Business and Job Development Fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a Renewal No. 1 of the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (the “Type A Corporation”) and Del Mar College (“Del Mar”) providing a grant of $133,000 to fund Del Mar College’s Contractor Resource Center as approved by the Type A Corporation on October 28, 2019, is approved. SECTION 2. That $133,000 from the unreserved fund balance in the Fund No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Del Mar to fund their Contractor Resource Center Program. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating Budget, is amended to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $133,000 for a business incentive grant from the Type A Corporation to Del Mar to fund their Contractor Resource Center Program. This ordinance takes effect upon City Council approval on this the _____ day of ___________________, 2019. ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 @BCL@AC0E6429.docx CRC That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 23, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, Director Development Services AlRaymond@cctexas.com (361) 826 - 3276 CAPTION: Ordinance closing, abandoning, and vacating a 25-foot wide by approximately 993.17- foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. (District 1). SUMMARY: The purpose of this ordinance is to close, abandon, and vacate a 25-foot wide by approximately 993.17- foot long utility easement. The utility easement runs diagonally across the applicant’s property and prevents the development of Callicoatte Estates Unit 5, a planned residential subdivision. BACKGROUND AND FINDINGS: Luxury Spec Homes, Inc. (owner) is requesting the City to close, abandon and vacate a 25-foot wide by approximately 993.17-foot long utility easement in order to develop a planned residential subdivision. The preliminary plat for the planned subdivision was approved by Planning Commission on May 29, 2019, will contain 126 buildable lots, and will include a storm water retention pond. The property is located within the Calallen Independent School District and is zoned RS - 4.5. The easement contains an abandoned legacy city water line, running diagonally across the property, that was built on April 1, 1944. The water line was abandoned and has since been replaced by the Utilities Department with a 48 and 60-inch water line along Callicoatte Road. The installations of the new water lines were completed December 1954 and October 26, 2001 respectively. Easement Closure for Callicoatte Estates Unit 5 AGENDA MEMORANDUM First Reading Ordinance for December 10, 2019 Second Reading Ordinance for December 17, 2019 The closure of the easement with the abandoned water line poses no legal liability to the city and water utilities has stated no objections to the easement closure. Additionally, there are no other franchise or public utilities located within the easement. The developer has stated they do not intend to remove any part of the abandoned water line during the construction of the planned subdivision. The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant’s request and have them redesign the subdivision so it does not require the closure of the easement. This may reduce the number of buildable lots and negatively affecting the project by making it too costly to pursue at the present time. As a result, the applicant may delay the start of the project to a future date when they have a new development plan does not require the easement closure. FISCAL IMPACT: There is no fiscal impact associated with this closure, however, the City will gain the tax revenue of 126 homes when the subdivision is completely built out. Funding Detail:N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the applicant’s request. The closure of the easement will support the growth of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance closing, abandoning, and vacating a 25-foot wide by approximately 993.17-foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. WHEREAS, Luxury Spec Homes, Inc. (Owner) is requesting the closure, abandonment and vacating of a 25-foot-wide by approximately 993.17-foot-long, (24,136 sq. ft.) portion of an existing utility easement in Callicoatte Estates Unit 5, located at 3802 Callicoatte Road. WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate this portion of the utility easement, subject compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Luxury Spec Homes, Inc. (Owner), a 25-foot-wide by approximately 993.17-foot long, 0.554-acre (24,136 sq. ft.) utility easement being out of Gregorio Farias Grant 24.624 ACS out of Tract 12 ABS 592, also known as, Callicoatte Estates Unit 5, is closed, abandoned, and vacated by the City of Corpus Christi (“City”), subject to the Owner’s compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A,” which is a metes and bounds description and field notes, “Exhibit B”, which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to Luxury Spec Homes, Inc. SECTION 2. The closing, abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners’ compliance with the following requirements: a.Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owner’s expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b.Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Exhibit A Exhibit B HEARN RDCALLICOATE RDLEO P A R D S T NOLFORD PLLOTT AVESIERRA STCH A M I Z A L S TMOUNTAIN VIEW DRREHFELD RDFM 1694 ME S A A V E DUNSTAIN STWOODLAND CREEK DRPERNITAS CREEK DRVELDA DRWIRT AVEWILLOW HEIGHTS DRDEVILS CREEK DRSANDY HOLLOW CREEK DRJACOB S T IH 69FM 1694VIOLET RDFM 24NORTHWEST BLVD IH 37MCKINZIE RDCALLICOATTE RDUP R I V E R R D µ 0 800400Feet LOCATION MAP Date Created: 10/24/2019Prepared By: JeremyMDepartment of Development Services EASEMENTCLOSURE EASEMENT CLOSURE Located: FARIAS G GRANT, 24.624 ACS OUT OF TRACT 12 ABS 592 Boundary of Property: CALLICOATE ESTATES UNIT 5 SUBDIVISION EASEMENT CLOSURE City Council Presentation December 10, 2019 Easement Closure for Callicoatte Estates Unit 5 Vicinity Map NCallicoatte Estates Unit 5 Aerial Overview NCallicoatte Estates Unit 5 25’ Utility Easement Staff Recommendation Approval The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. Approved Preliminary Plat AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 ______________________________________________________________________ DATE:November 15, 2019 TO:Peter Zanoni, City Manager FROM:Alma Casas, Interim Director of Finance and Business Analysis AlmaC@cctexas.com (361) 826-3610 CAPTION: Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020. SUMMARY: The amendment to the Depository Services Agreement will modify the collateral requirement from a specific dollar amount of at least $30,000,000 for the City of Corpus Christi and at least $4,000,000 for the Corpus Christi Community Improvement Corporation (CCCIC) to a percentage amount of at least 110%. The amendment will also extend the term of the contract for the final one-year extension. BACKGROUND AND FINDINGS: The City of Corpus Christi Investment Policy requires that the value of pledged securities must be at least 102% of deposits including accrued interest. The Amendment to the Depository Services Agreement with Frost Bank will require at least 110% of deposits including accrued interest. Market conditions have allowed the City to significantly reduce the level of deposits needed to maintain account offsetting balances Amendment to the Depository Services Agreement with Frost Bank to cover banking service fees. Therefore, the City no longer needs to maintain a $30,000,000 balance in the City of Corpus Christi bank accounts and $4,000,000 in the Corpus Christi Community Improvement Corporation (CCCIC) bank accounts to cover the banking fees. A change to at least 110% will allow for interest rate fluctuations. In addition, an amendment is required to extend the term for the final year of the contract. ALTERNATIVES: If the amendment to the Depository Services Agreement is not modified to change from a specific dollar amount to a percentage, then Frost Bank will continue to maintain excess collateral on the City and CCCIC deposits. Additionally, not extending the term of the contract will leave the City and CCCIC without a depository bank. FISCAL IMPACT: The estimated annual fees for this agreement are $190,932. These fees are offset by compensating balances. The City maintains a balance with Frost Bank and receives an earnings allowance. This earnings allowance is used to offset the monthly bank service fees. Therefore, no payment is due if the monthly bank service fees are less than the earnings allowance. Funding Detail: Fund:1020 – General Fund Organization/Activity:10830 – Cash Management Mission Element:184 – Treasury for debt and cash management Project # (CIP Only): Account:540030 RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Frost Bank Depository Contract Amendment Ordinance Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020, and ending December 31, 2020. WHEREAS, the City of Corpus Christi and Frost Bank entered into a Depository Services Agreement and associated agreements (collectively, the “Agreement”) for the provision of depository, banking, and security services, effective January 1, 2016, for an initial term of three years, with two optional one-year extensions; WHEREAS, the Agreement includes requirements for both minimum dollar amounts and stated percentages of pledged collateral; and WHEREAS, the parties desire to execute an amendment (“First Amendment”) to the Agreement to modify specific collateral provisions to effect changes deemed beneficial and necessary by the parties and to extend the term of the Agreement through December 31, 2020. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council agrees to modify specific collateral provisions in the Depository Ser- vices Agreement, Bank Depository Agreement, and Security Agreement (collectively, the “Agreement”) executed with Frost Bank, as such provisions are set out in the First Amendment to the Agreement. A copy of the First Amendment is attached to and incor- porated in this ordinance as if set out here in its entirety. Furthermore, the City Council authorizes the City Manager, or his designee, to execute all necessary documents re- lated to the purposes of the First Amendment to put into effect the changes deemed beneficial and necessary by the parties, to include an extension of the Agreement commencing January 1, 2020, and ending December 31, 2020. The foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ____________________, 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the _____ day of ____________________, 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez Page 2 of 2 PASSED AND APPROVED on the _____ day of ____________________, 2019. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE:November 27, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jermel Stevenson, Director of Parks and Recreation jermels@cctexas.com (361) 826-3042 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. SUMMARY: The purpose of this item is to restore Fall Zone safety measures to the Water’s Edge park playground through execution of a change order to the Bayshore Park Improvement contract. The playground’s poured-in-place flooring is deteriorating and making the playground unsafe for the public to use. BACKGROUND AND FINDINGS: Change Order #3 - Playground Area Improvements: This Change Order provides for improvements to the Bayshore Park Playground Area for a total not to exceed $234,745. Work includes removal of the existing fall zone protection and subgrade, installation of a new concrete pad in playground area, installation of new fall zone protection on top of new concrete pad. Change Order No. 3 Bayshore Park Improvement Project (Bond 2008) AGENDA MEMORANDUM First Reading Item for the City Council Meeting of December 10, 2019 Action Item for the City Council Meeting of December 17, 2019 The poured-in-place flooring of the playground is slowly deteriorating and failing particularly in the area of the “globe motion” equipment, but also in other random areas throughout. It’s been determined that the lack of appropriate base and drainage, performed by a separate contractor not associated with the design builder is the cause of the deteriorated poured-in-place flooring. The work covered on the proposed change order includes removal and re-installation the play equipment, demolition of the existing flooring, construction of a concrete slab on limestone base, installation of drainage pipes and installation of new pour-in-place flooring. The Bayshore Park Improvement Project was approved by City voters in November 2008. After completion of street re-alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design-build contract to Fulton- Coastcon in the amount of $5.08 Million. The original contract scope includedlimited improvements for a dog park located in McCaughan Park and superficial pier improvements at McGee Beach and did not include the playground installation. Prior Change Orders: On April 25, 2017, City Council approved the acceptance and appropriation of private donations for the further development of the dog park. The $126,000 private donation funded the portion of Change Order No. 1 that provided additional amenities to the dog park. On May 15, 2017, the Type A Board approved using $500,000 available in the approved FY ’16-17 Seawall CIP plus an additional $86,326 of Type A proceeds for improvements to the McGee Beach Breakwater Pier. The additional improvements included a shade structure, structural repairs, landscape features, aesthetic improvements and a new walkway connected to the breakwater cap. In August of 2018, City Council approved an agreement with TAMU-CC for naming rights and the use of facilities at Water’s Edge and McGee Beach. The agreement covered improvements at McGee Beach for sand volleyball and the covered multi-purpose “Islander’s Pavilion.” The improvements were donated to the university by Fulton-Coastcon. The City issued a zero-dollar change order to the Water’s Edge construction contract for installation of the improvements. The contract has been kept open to allow for future donation agreements. CHANGE ORDER #3 TIMELINE: 2019 DEC JAN FEB MAR Award 2020 Construction ALTERNATIVES: Alternative funding sources for the demolition and replacement of the playground poured-in-place surface could be sought through the Community Enrichment fund. However, it would compete with other identified improvement projects. FISCAL IMPACT: Approval of this item will award a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas in the amount of $234,745 for restoration of Fall Zone safety measures at Bayshore Park Playground Area (Water’s Edge Park). The project is located in City Council District No. 1 and will begin upon issuance of a notice to proceed. On October 28, 2019, the Corpus Christi Job Development Corporation approved a Resolution providing $350,000 in Seawall Type A Funding for this project. This item will amend the Capital Improvement Program budget and transfer and align funding for this element of safety work. FUNDING DETAIL: Fund: Seawall System CIP Fund (3271) Mission Elem: Economic Development (ME #707) Project No.:Design Build Services Bayshore Park (E15152) Account:Construction (Account #550910) Activity: E15152-01-3271-EXP RECOMMENDATION: City staff recommends authorization to execute Change Order No. 3 in the amount of $234,745 to add work items related to the Bayshore Park Playground Area improvements. LIST OF SUPPORTING DOCUMENTS: Ordinance Change Order #3 Location Map Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. WHEREAS, on November 7, 2000, residents of the City of Corpus Christi (“City”) passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements for the life thereof to be imposed for 25 years; WHEREAS,the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2001, to be administered by the Corpus Christi Business and Job Development Corporation Board (“Board”); WHEREAS, the City has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for certain infrastructure improvements, namely the repair of the poured-in-place flooring at The Water’s Edge Park playground (the “Project”); WHEREAS, the Board and the City Council have previously treated the travel lane of Shoreline Boulevard as the boundary of the Seawall for purposes of the Seawall Improvement Fund; WHEREAS, due to the realignment of Shoreline Boulevard, the original right-of-way for the street is now included within the boundary of The Water’s Edge Park and closed to all traffic and the current travel lane of Shoreline Boulevard is on the other side of the park, thus adjusting the boundary so that access to the playground does not require passing a travel lane on Shoreline Boulevard; WHEREAS, The Water’s Edge Park is a crucial entertainment destination in the downtown, which attracts visitors and improves the economic development value of the downtown Seawall, and the repair of the poured-in-place flooring will serve to increase the value of the Seawall to the citizens of the City; WHEREAS, the poured-in-place flooring in its current state of disrepair has become a blight on The Water’s Edge Park and a detriment to the entertainment and tourist value of the downtown Seawall, necessitating such repairs, and; WHEREAS, The Water’s Edge Park is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City’s voters. NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Board specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. In accordance with its previous resolution from June of 2018, the Board maintains that the boundary of the seawall improvements shall include public improvements that are connected to the downtown seawall without passing a travel lane on any public street and flood protection features necessary to the downtown seawall flood protection system. As the poured-in- place flooring falls directly into this definition, it is an eligible seawall improvement. SECTION 3. The Water’s Edge Park is included in the definition of “improvements to the downtown seawall” in Proposition 4 approved by the City’s voters on November 7, 2000, because the park contributes to the value of the downtown seawall for economic development purposes and tourism purposes and connects to and includes portions of the Seawall within its boundary. SECTION 4. The Corpus Christi Job and Development Board authorized the City’s Parks and Recreation Department, as an agent of the Corporation, to proceed with the Project in an amount not to exceed $350,000, after City Council approval. SECTION 5.The Corpus Christi Operating and Capital Budget for FY ’20 adopted by Ordinance No. #031870 is amended to appropriate $350,000 from the unreserved fund balance in Fund 1120 Seawall Improvements Fund and transferred and appropriated in Seawall CIP Fund 3271 increasing revenues and expenditures in the amount of $350,000. SECTION 6. The Corpus Christi Operating and Capital Budget for FY ’20 adopted by Ordinance No. #031870 is amended to add the Bayshore Park Playground (Water’s Edge Park) Project. SECTION 7. A change order in an amount not to exceed $234,745 is authorized for Fulton Coastcon, Inc. of Corpus Christi, Texas for restoration of Bayshore Park Playground Area (Water’s Edge Park). The work, located in City Council District 1, will not proceed until a notice to proceed has been issued. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez________________ That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor CHANGE ORDER NO:3 CHANGE ORDER DATE: PROJECT:Bayshore Park - Design Build PROJECT NUMBER: CONTRACTOR:Fulton Construction, Coastcon ORIGINAL CONTRACT TIME:350 CD's ENGINEER:Fulton Construction, Coastcon ADDITIONS Quantity Unit Unit Price 1 Parks and Rec Play Area Fall Zone Restoration 1 LS $ 234,745.00 2 1 LS $ - 3 1 LS $ - 4 1 LS $ - 5 1 LS $ - 6 1 LS $ - 7 1 LS $ - 8 1 LS $ - 9 1 LS $ - 10 1 LS $ - Additions Total: DELETIONS 1 -1 LS $ - 2 -1 LS $ - 3 -1 LS $ - 4 -1 LS $ - 5 -1 LS $ - 6 -1 LS $ - 7 -1 LS $ - 8 -1 LS $ - 9 -1 LS $ - 10 -1 LS $ - Deletions Total: Additional Calendar Days requested 978 NET TOTAL OF THIS CHANGE ORDER: Original Contract Amount Total Change Order Contingency Amount (25%) Remaining Available Contingency Amount (including this CO) Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Original Contract Time for Substantial Completion CD's Notice to Proceed Date Original Substantial Completion Date Previously Approved Change Order Time CD's Additional Time on This Change Order CD's Revised Contract Time for Substantial Completion CD's Revised Substantial Completion Date REVIEWED BY:Fulton Construction, Coastcon REQUESTED BY:Fulton Construction, Coastcon Date Date FUND:FUND:ACCOUNT:ACCOUNT:ACTIVITY:ACTIVITY:AMOUNT:AMOUNT: RECOMMENDED BY:APPROVED BY: Brett Van Hazel Date Mark Van Vleck, P.E.Date Construction Engineer Assistant City Manager RECOMMENDED BY: Eddie Houlihan, Director Date Kent Mcilyar Date Management and Budget Assistant City Attorney Make the following additions, modifications or deletions to the work described in the Contract Documents: $234,745.00 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 11/13/2019 E15152 $234,745.00 Total $ 234,745.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $0.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 5/16/2016 Why was this Change necessary: The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. $ 5,080,000.00 $ 1,270,000.00 $ 322,929.00 $ 712,326.00 $ 234,745.00 $ 6,027,071.00 18.64% 350 Client requested additional Fall Zone Resoration to existing Park Play Area. Type A Board agreed to provide Funding to accomplish Restoration Work. The Contract Time Extension accounts for pending scope resolution, pricing negotiations and additional time to perform work (to be determined at a later date). APPROVED AS TO FORM: CITY OF CORPUS CHRISTI 5/1/2017 63 978 1391 3/7/2020 Page 1 of 1 Resolution approving funds for The Water’s Edge Playground Fall Zone Restoration Project in an amount not to exceed $350,000 with funding made available from the Seawall Fund WHEREAS, on November 7, 2000, residents of the City of Corpus Christi (“City”) passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements for the life thereof to be imposed for 25 years; WHEREAS,the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2001, to be administered by the Corpus Christi Business and Job Development Corporation Board (“Board”); WHEREAS, the Board has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for certain infrastructure improvements, namely the repair of the pour-in-place flooring at The Water’s Edge Park playground (the “Project”); WHEREAS, the Board and the City Council have previously treated the travel lane of Shoreline Boulevard as the boundary of the Seawall for purposes of the Seawall Improvement Fund; WHEREAS, due to the realignment of Shoreline Boulevard, the original right-of- way for the street is now included within the boundary of The Water’s Edge Park and closed to all traffic and the current travel lane of Shoreline Boulevard is on the other side of the park, thus adjusting the boundary so that access to the playground does not require passing a travel lane on Shoreline Boulevard; WHEREAS, the Project is consistent with the purposes for which the Seawall Improvement Fund was created and approved by the voters of the City; WHEREAS, The Water’s Edge Park is a crucial entertainment destination in the downtown, which attracts visitors and improves the economic development value of the downtown Seawall, and the repair of the pour-in-place flooring will serve to increase the value of the Seawall to the citizens of the City; WHEREAS, the pour-in-place flooring in its current state of disrepair has become a blight on The Water’s Edge Park and a detriment to the entertainment and tourist value of the downtown Seawall, necessitating such repairs; WHEREAS, The Water’s Edge Park runs along the Seawall and includes within its boundaries such Seawall features as McGee Beach, one of the Miradores, and portions of the Seawall structure itself; and WHEREAS, The Water’s Edge Park is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City’s voters. NOW THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THAT: SECTION 1. The Board specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. In accordance with its previous resolution from June of 2018, the Board maintains that the boundary of the seawall improvements shall include public improvements that are connected to the downtown seawall without passing a travel lane on any public street and flood protection features necessary to the downtown seawall flood protection system. As the pour-in-place flooring falls directly into this definition, it is an eligible seawall improvement. SECTION 3. The Water’s Edge Park is included in the definition of “improvements to the downtown seawall” in Proposition 4 approved by the City’s voters on November 7, 2000, because the park contributes to the value of the downtown seawall for economic development purposes and tourism purposes and connects to and includes portions of the Seawall within its boundary. SECTION 4. The Board authorizes the City’s Parks and Recreation Department, as an agent of the Corporation, to proceed with the Project in an amount not to exceed $350,000, after City Council approval. ATTEST:CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION By: _______________________By: ____________________________ Rebecca Huerta President Assistant Secretary Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Scott Harris ______________ Leah Olivarri ______________ Diana Summers ______________ Robert Tamez ______________ Lee Trujillo ______________ John Valls ______________ Alan R. Wilson ______________ 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES DESIGN - BUILD SERVICES FOR BAYSHORE PARK LOCATION MAP NOT TO SCALE Project Number: E15152 Project Location N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES DESIGN - BUILD SERVICES FOR BAYSHORE PARK VICINITY MAP NOT TO SCALE Project Number: E15152MCGEE BEACHS. SHORELINE BLVD.PARK AVE. Project Location FURMAN AVE BAYSHORE PARK S. WATER ST.BROADWAY CT. BORNE ST. AGENDA MEMORANDUM City Council Meeting of December 10, 2019 DATE:November 26, 2019 TO:Peter Zanoni, City Manager FROM:Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com 361-826-1689 Corpus Christi Seawater Desalination Siting and Permitting Project Quarterly Update STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager 2. Dan Grimsbo Executive Director of Water Utilities Water Utilities 3. Steve Ramos Water Resource Manager Water Utilities BACKGROUND: In 2014, an effort was started to evaluate potential future water supplies because of drought conditions experienced 2010-13. Major industrial water users urged the City of Corpus Christi, as the regional water supplier, to consider desalination. A group was established which included Port Industry members, the Port of Corpus Christi, the Corpus Christi Regional Economic Development Corporation, the City of Corpus Christi, and the San Patricio Municipal Water District (SPMWD). The first four entities contributed the funding for this initial effort, and a team led by Freese and Nichols, Inc. (FNI) was selected by the group to serve as the “Owner’s Representative” for all the stakeholders. The FNI team included global, national, and state experts with desalination experience, public-private partnership expertise, and Texas/Federal permitting experience. Intensive evaluations and discussions were held over a two-year period (2014-2016) to determine the feasibility of seawater desalination as a water source and also to develop a financial and administratively viable approach. Industry partners contributed extensively by providing engineering and technical support. SPMWD and various San Patricio industrial companies were also involved throughout this process. The City then moved to the next phase of the Siting and Permitting Project. A State Water Implementation Fund for Texas (SWIFT)loan for $2.7 Million was obtained from the Texas Water Development Board in November of 2017. These funds are being used for evaluating potential sites and obtaining key permits. This presentation will discuss the ongoing activity regarding the Corpus Christi Seawater Desalination Siting and Permitting Project, and will inform City Council that the Water Rights and Discharge Waste Water applications are ready to be submitted. These applications require fees to be submitted, and staff will be returning to City Council to obtain that authorization. In addition,a motion from City Council is needed to grant the City Manager “signature authority”for the applications. LIST OF SUPPORTING DOCUMENTS: None 1 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx DATE: December 10, 2019 TO: Mayor and City Council FROM: City Attorney CAPTION: ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH SUMMARY: The attached ordinance was placed on the City Council agenda by request of four Council Members pursuant to Section 16.d. of the City Council Policies, which read as follows: 16. d. Agenda. The City Council agenda will be prepared and assembled jointly by the City Manager and the City Secretary in a format consistent with the Open Meetings Act, subject to modification by Council directive. Items may be placed on the agenda by the Mayor, City Manager, or four members of the City Council who shall confirm their request with the office of the City Secretary. A member wishing to place an item on the agenda shall notify the City Secretary. The City Secretary may place presentations, items of a ceremonial nature, Board, Commission and Committee appointments, and items affecting his office on the agenda. The subject matter of agenda items shall be subject to Council action, unless the item is limited to discussion. The City Attorney objects to this ordinance pursuant to the attached Objection to Ordinance Presented to Council filed pursuant to subsections (c) and (e) of Article IV, Section 10 of the City Charter. The City Charter requires the objection to be maintained by the City Secretary as a “public record”. Accordingly, the objection and underlying legal authority for said objection is exempt from the confidentiality that would otherwise be provided for Attorney-Client communications. Recommendations from the attorney for resolving objections to this ordinance would still be confidential attorney-client communications for which closed session communications would be appropriate. Article IV, Section 10 of the City Charter provides, in relevant part: Sec. 10. - Legal department. . . . Responsibilities and duties of the city attorney shall include: (c) Drafting and filing approvals or written objections to all ordinances presented to council; (d) Reviewing and filing approvals or written objections to all contracts, franchises and other legal documents subject to city council approval and others as to form prior to execution by the city; (e) All written objections as set forth above shall be maintained by the city secretary as public records; . . BACKGROUND AND FINDINGS: Undetermined. This is not a staff-recommended item. ALTERNATIVES: Legal alternatives may be presented by the City Attorney in executive session. FISCAL IMPACT: Undetermined. This is not a staff-recommended item. RECOMMENDATION: City staff does not recommend approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Request for Ordinance to be placed on Agenda, Objection to Ordinance Presented to Council ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 2 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 3 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 4 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx Objection to Ordinance Presented to Council Non-Privileged and Public pursuant to Article IV, Sec. 10 of Charter of the City of Corpus Christi To: City Council, City Manager, and City Secretary From: Miles Risley, City Attorney Date: December 9, 2019 Subject: City Charter Mandated Objection to Ordinance with provisions that do not comply with applicable superseding Laws Issue: Legal Review of Ordinance Authorizing a Navigable Canal on North Beach submitted for City Council approval by Four Council Members pursuant to Council Policy for approval on its meeting of December 10, 2019. Summary Answer: I hereby object to the attached Ordinance Authorizing a Navigable Canal on North Beach (the “proposed ordinance”) submitted for City Council approval by Four Council Members pursuant to Council Policy for approval on its meeting of December 10, 2019. I am required by Article IV, Section 10 of the Charter of the City of Corpus Christi (“City Charter”) to object to ordinances that are not legal. The proposed ordinance is not legal because: 1. The proposed ordinance establishes an obligation involving an expenditure of money and is not accompanied by a certification of funds of the director of finance as required by Article IV, Section 7 of the City Charter. 2. The proposed ordinance requires excavation and placement of fill that is not permitted in accordance with local, state, and federal law unless the City successfully applies for and obtains all necessary permits for construction of the canal, which could delay construction beyond January 1, 2025 or require modifications to design, potentially subjecting the City to liability under an estoppel theory. 3. The proposed ordinance provides for execution of an agreement that contains municipal obligations that are indefinite in amount and therefore violate the City Charter and the Texas Constitution. 4. The proposed ordinance provides for execution of an agreement that contains rebates that are not legally permitted in the absence of contractual provisions restricting expenditures of such funds for statutorily permitted purposes. 5. The proposed ordinance provides for execution of an agreement that mandates execution of a lease that is longer than is permitted by the City Charter in the absence of a 28-day delay in second reading and is otherwise not permitted by State law. 6. The proposed ordinance provides for execution of an agreement that mandates expenditure of Tax Increment Reinvestment Zone (TIRZ) funds that are not authorized by a Financing Plan approved by the TIRZ board. 7. The proposed ordinance provides for execution of an agreement that contains counter-party obligations that may be so indefinite as to undermine a potential municipal public purpose for the obligations therein. 8. The proposed ordinance provides for execution of an agreement that contains an obligation to effectively transfer (90-year lease) property to which the City does not have fee simple ownership. 5 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 9. The proposed ordinance provides for execution of an agreement that may violate Article IX, Section 4 of the City Charter, which requires City Council approval of any assignment of a lease. 10. The proposed ordinance provides for execution of an agreement that may violate Chapters 252 and 271 of the Texas Local Government Code and Chapter 2269 of the Texas Government Code via the requirement to pay general fund revenues to the Developer as a design/build contractor. Discussion: This memorandum is an objection to the proposed Ordinance Authorizing a Navigable Canal on North Beach pursuant to subsections (c) and (e) of Article IV, Section 10 of the City Charter. The City Charter requires it to be maintained by the City Secretary as a “public record”. This City Charter provision constitutes a City waiver of the attorney-client privilege for this type of objection. Accordingly, the objection and underlying legal authority for said objection is exempt from the confidentiality that would otherwise be provided for Attorney-Client communications. Recommendations for resolving such objections would be confidential attorney-client communications for which closed session communications would be appropriate. Article IV, Section 10 of the City Charter provides, in relevant part: Sec. 10. - Legal department. . . . Responsibilities and duties of the city attorney shall include: (c) Drafting and filing approvals or written objections to all ordinances presented to council; (d) Reviewing and filing approvals or written objections to all contracts, franchises and other legal documents subject to city council approval and others as to form prior to execution by the city; (e) All written objections as set forth above shall be maintained by the city secretary as public records; . . . The proposed ordinance provides as follows: ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS, the City of Corpus Christi (the "City") understands that a canal would address drainage issues on North Beach which would benefit all the citizens and property owners on North Beach apart from future development; and WHEREAS, Blackard Global and its affiliates and partners (the "Developer") is relying on the promises and commitments of the City in order to proceed with their North Beach development plans; and WHEREAS, the City and the Developer have been in discussions for approximately two years regarding the North Beach development; and WHEREAS, Urban Engineering presented on October 29th, 2019 to the City, a navigable canal option (the "Navigable Canal"); and WHEREAS, the Developer has presented term sheet to the City in response to a proposal from the City on November 18th, 2019 which has a fixed price for the Navigable Canal of $41.2 million, among other terms (the 'Term Sheet"); BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTl, TEXAS HEREBY PASSES THIS ORDINANCE TO TAKE ALL NECESSARY STEPS TO ACHIEVE THE FOLLOWING: 1. The City will build the Navigable Canal using its own financing and development oversight with a completion of no later than January 1, 2025. Or; 2. The City and the Developer will execute definitive documentation having the effect of documenting the terms of Term Sheet, and agreeable to both parties, which will result in the Developer building the Navigable Canal. If the City and the Developer cannot agree on definitive documentation by June 1, 2020, then the City will proceed according to provision number one, immediately above. 6 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx The term “Navigable Canal” in the proposed ordinance refers to the canal presented to the City Council on October 29th. For purposes of this memo, it is presumed to be the Option 3 presented to City Council on that date. The term “Term Sheet” is believed to be the term sheet first provided to this office on November 22, 2019. For quick reference purposes, the documents assumed herein to have been incorporated into the proposed ordinance are attached to this memo and are labeled as “Navigable Canal” and “Term Sheet.” The authority substantiating these objections to the proposed ordinance is as follows: 1. The proposed ordinance establishes an obligation involving an expenditure of money and is not accompanied by a certification of the director of finance as required by Article IV, Section 7 of the Charter of the City of Corpus Christi. Article IV, Section 7 of the City Charter provides that any obligation of the City may only be funded with identified funds available in the City’s budget and appropriated for such purpose. Any ordinance requiring the expenditure of funds must be accompanied by a certificate of funds. More specifically, Article IV, Section 7 of the City Charter provides: Sec. 7. - Funds in treasury. No contract, agreement or other obligation involving an expenditure of money requiring approval by the City Council shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the council or be authorized by any officer of the city, except in the case hereinafter specified, unless the director of finance first certifies to the council, or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure is in the treasury to the credit of the fund from which it is to be drawn and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement or obligation. The proposed ordinance fails to identify a source of funding or appropriate sufficient funds for the purpose of constructing the Navigable Canal. As such, the proposed ordinance creates an unfunded liability for the City in violation of the City Charter. The proposed ordinance also does not include a certification from the director of finance that adequate funds are available in the treasury. Such certification cannot be provided without reference to an identified source of funding that City Council is appropriating for this purpose. Accordingly, the proposed ordinance creates an unfunded liability of the City in violation of the City Charter. Further, while there is a suggestion in one “Whereas” of the proposed ordinance that the funding for the canal will be limited to $41.2 million, there is no such limiting language in Section 1, which mandates that the City construct the navigable canal. Should the City choose to proceed under Section 1, rather than enter into an agreement with the Developer, the City’s liability is unlimited by the language in the ordinance and indefinite. Sufficient funds to cover this indefinite liability have not been identified or appropriated and cannot be so identified or appropriated without an express limitation on the funds to be expended in the proposed ordinance. This sort of indefinite liability without a funding source is not permitted by the City Charter or the Texas Constitution, which will be further discussed in 3 below. There is an argument that Section 1 does not constitute an “obligation” of the City to build the canal by January 1, 2025 because the first alternative provision does not contain an enforcement mechanism. That argument would be put into serious question by the second “Whereas” clause of the ordinance that states “Blackard Global and its affiliates and partners (the "Developer") is relying on the promises and commitments of the City in order to proceed with their North Beach development plans.” This reliance provision could create a basis for an express estoppel claim against the City if the City fails to complete construction of the canal by January 1, 2025. Under current law, a City immunity defense might succeed, 7 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx but the reliance mechanism is so specifically expressed by the underlined clause that a trial judge could determine the City was estopped from modifying its plans.1 2. The proposed ordinance requires excavation and placement of fill that is not permitted in accordance with local, state, and federal law unless the City successfully applies for and obtains all necessary permits for construction of the canal, which could delay construction beyond January 1, 2025 or require modifications to design, potentially subjecting the City to liability under an estoppel theory. Section 1 of the proposed ordinance mandates that the City build the Navigable Canal, but does not require compliance with local, state and federal law or permitting requirements or account for the possibility that some or all of the proposed canal might not be permittable within the required timeframe. Several state and federal agencies and regulations, including those of the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality, and the Federal Emergency Management Agency, must be considered in construction of a navigable canal on North Beach because the construction requires substantial excavation and use of fill materials. The described excavation and fill can have impacts on the neighboring property that are prohibited or otherwise limited by Texas and federal law. The principal federal statute regulating activities in wetland areas is the Federal Water Pollution Control Act, commonly referred to as the U.S. Clean Water Act. See 33 USCA §§ 1251 et seq. & §§ 401 et seq. The Army Corps of Engineers is primarily charged with oversight of wetlands permitting, with guidance from EPA. Determining the permits required for construction of the canal would normally occur during the design process, involve a review of potential wetlands areas, and involve consultations with the Corps of Engineers. The consultations and requirements by the Corps of Engineers could push the completion date back by several years, making a January 1, 2025 completion date unrealistic, and thereby subjecting the City to potential estoppel liability under #1 above. 3. The proposed ordinance provides for execution of an agreement that contains municipal obligations that are indefinite in amount and therefore violate the City Charter and the Texas Constitution. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet contains municipal obligations that are not fixed amounts and are therefore indefinite. While there is a note in one “Whereas” of the ordinance suggesting that the Term Sheet limits the cost to a set amount of $41.2 million, there is no such limiting language in either the Term Sheet or Section 2 of the proposed ordinance. In addition to the $41.2 million for the cost of the canal, the Term Sheet specifically requires that the City fund the following: A. Phase I and Phase II environmental assessments of all City assets on North Beach; B. Site-specific engineering study including soils testing, proposed construction specifications, and hydrologic performance; C. Assistance to the Developer in obtaining all necessary permits from State and Federal authorities; and D. Waiver or reimbursement of all City permit, inspection, and administrative cost; 1 “[t]here is authority for the proposition that a municipality may be estopped in those cases where justice requires its application, and there is no interference with the exercise of its governmental functions.” Prasifka, 450 S.W.2d at 836. This exception, however, “is applied with caution and only in exceptional cases where the circumstances clearly demand its application to prevent manifest injustice.” CHW-Lattas Creek, L.P. by GP Alice Lattas Creek, L.L.C. v. City of Alice, 565 S.W.3d 779, 790 (Tex. App. 2018), review denied (Aug. 30, 2019). 8 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx The Term Sheet further requires that the City enter into a Deficiency and Shortfall agreement with the Developer to provide annual payments for “Development Funding” that include the unspecified costs of financing “plus a one-hundred (100)”. The Term Sheet also requires the City to indemnify the Developer as follows: Other than claims arising from the activity of the Developer itself, the City will indemnify the Developer, its managers, its employees, its agents, and its affiliates from any and all claims related to any naturally occurring liabilities such as environmental clean-up, environmental enforcement actions, fines, civil litigation of environmental matters, and other such liabilities as agreed by the parties such as governmental enforcement of City designed systems such as sanitary sewer, civil litigation from the use of public facilities, and increased costs associated with incomplete or incorrect documentation of City assets which will be tied-in to Developer provided improvements. The indemnity will be paid on an as-incurred basis. Developer shall have the right to settle any claims and control any defense. At the discretion of the Developer, the Developer may pursue a defense independent of the City. These additional obligations create an indefinite liability for the City.2 Indefinite and undefined debt obligations by the City are prohibited by Article IV, Section 7 of the City Charter (see 1 above) and Article XI, Sections 5 and 7 of the Texas Constitution3, which prohibit the creation of municipal debt unless a provision is made to assess and collect annually a sufficient sum to pay the interest thereon and create a sinking fund of 2%. 4. The proposed ordinance provides for execution of an agreement that contains rebates that are not legally permitted in the absence of contractual provisions restricting expenditures of such funds for statutorily permitted purposes. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer, based on the Term Sheet. The Term Sheet requires reimbursement of all Hotel Occupancy Tax (HOT tax) collected on North Beach. HOT Tax is a restricted funding source that can only be used for specific purposes. Reimbursement of construction cost, as shown in the proposed project is not an authorized use of HOT tax revenue. The Term Sheet provides that “[t]he parties will work together to document the aspects of the development which qualify for HOT tax expenditure,” but without more specific information as to how the funds will be spent, we cannot guarantee that any reimbursement of Hotel Occupancy Tax for the proposed project would be legally permissible. A navigable canal is probably not an eligible HOT expenditure.4 2 See Texas and New Orleans Railroad v. Galveston County, 169 S.W. 2d 714 at 716, (Tex. 1943), finding that an indemnification provision created an indefinite debt of the county in violation of the Texas Constitution: “We think the indefiniteness of the clause as to what obligation may arise thereunder renders it more vicious, from the standpoint of public policy, than if it had named a sum of money to be paid at a given time but clearly beyond the power of the county to pay out of available funds.” See also Brown v. Jefferson County, 406 S.W 2d 185 (Tex. 1966), finding that the indemnification at issue was valid only because the county had made provision for the obligation through the levy of a tax and establishment of a sinking fund as required by the Texas Constitution. 3 Art. 11, Sec. 5. . . . Said cities may levy, assess and collect such taxes as may be authorized by law or by their charters; but no tax for any purpose shall ever be lawful for any one year, which shall exceed two and one-half per cent. of the taxable property of such city, and no debt shall ever be created by any city, unless at the same time provision be made to assess and collect annually a sufficient sum to pay the interest thereon and creating a sinking fund of at least two per cent. . . Art. 11, Sec. 7. . . . no debt for any purpose shall ever be incurred in any manner by any city or county unless provision is made, at the time of creating the same, for levying and collecting a sufficient tax to pay the interest thereon and provide at least two per cent (2%) as a sinking fund. . . 4 The determination of whether or not an expenditure of Hotel Occupancy Tax is authorized under state law is a two-step process as described in § 351.101 of the Texas Tax Code. First, all Hotel Occupancy Tax expenditures must promote 9 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 5. The proposed ordinance provides for execution of an agreement that mandates execution of a lease that is longer than is permitted by the City Charter in the absence of a 28-day delay in second reading and is otherwise not permitted by State law. Section 2 of the proposed ordinance mandates execution of an agreement with the Developer, based on the Term Sheet. The Term Sheet provides for an initial lease term of 40 years with the ability to renew the lease for an additional 50 years. Section 3 of the proposed ordinance requires that second reading of the ordinance occur at a special meeting on or before December 16, 2019. Article IX, Section 3 of the City Charter provides: Sec. 3 – Ordinance granting franchise or lease of city property with term exceeding 5 years Every ordinance granting, renewing, extending or expanding a franchise or a lease of city property with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, V.T.C.A., Transportation Code § 311.073, as amended now or in the future. The agreement authorized by Section 2 of the proposed ordinance would require a lease term in excess of five years. Section 3 of the proposed ordinance requires that second reading occur on or before December 16, 2019, which does not accommodate the required 28-day delay. Additionally, the proposed lease term likely requires notice and bidding for the transfer of land in accordance with Texas Local Government Code sections 253.008 and/or 272.001. Courts have found that a temporary lease of property is exempt from such notice and bidding requirements, see Walker v. City of Georgetown, 86 S.W.3d 249, 259 (Tex. App.—Austin 2002, pet. denied) approving a 10-year lease to batting cages but discussing and citing with approval the San Antonio court’s rejection of a 40-year lease on different grounds. Texas Attorney General Opinion No. GA-0321 suggests that the lease term required in the Term Sheet would not be a “temporary lease.” Op. Tex. Att’y Gen. No. GA-0321 at 9 (2005). Tex. Att’y Gen’l Opinion No. GA-0321 stated that all of the following factors went into the determination of whether or not a lease was temporary: (1) the duration of the lease, (2) the city’s right to control the land during the lease term, and (3) the city’s right to make improvements upon termination of the agreement. The initial term of the lease proposed in the Term Sheet is 40 years, but the agreement provides for an extended lease term up to an additional 50 years. It is likely that a 90-year lease would lead to a judicial determination that the transfer is not temporary. Additionally, during the lease term, the City has no right to control the land. The Developer has the exclusive right to terminate the agreement, assign, sublet, or pledge the leasehold, and to release portions of the leased property back to the City. tourism. Second, the expenditures must fall into one of the following nine categories: (1) convention and visitor centers; (2) convention registration; (3) advertising the city; (4) promotion of the arts; (5) historical restoration and preservation; (6) sporting events in a county under one million in population; (7) enhancing or upgrading existing sports facilities or sports fields (only in certain cities); (8) tourist transportation systems; and (9) signage directing the public to sights and attractions that are visited frequently by hotel guests in the city. Projects not eligible for HOT per Texas Attorney General Opinions – construction of performing arts center (KP-0131), general city purposes (GA-0851), and operation of general recreational facilities including beaches (JM-965). 10 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 6. The proposed ordinance provides for execution of an agreement that mandates expenditure of Tax Increment Reinvestment Zone (TIRZ) funds that are not authorized by a Financing Plan approved by the TIRZ board. Section 2 of the proposed ordinance mandates execution of an agreement with the Developer based on the Term Sheet. The Term Sheet requires the reimbursement of all funds collected by Tax Increment Reinvestment Zone Number Four, City of Corpus Christi, Texas (TIRZ #4) except for those amounts already pledged under Development Reimbursement Agreements. While public infrastructure, such as the proposed navigable canal, would generally be an eligible TIRZ expenditure, state law prohibits the expenditure of any TIRZ funds unless such expenditure is consistent with the project and financing plan adopted by the TIRZ Board and the City Council. Texas Tax Code § 311.010 allows the municipality that created a TIRZ to enter into agreements for the expenditure of TIRZ funds “the governing body considers necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes.” The project and financing plan for the TIRZ #4 specifically obligates 5% of the revenue to maintenance within the Zone and provides for other uses of the funds. The approved project and financing plan does not allow for the use of the revenue for the construction of a navigable canal on North Beach. Approval of the agreement authorized by Section 2 of the proposed ordinance would require an amendment to the TIRZ #4 project and financing plan, which must be approved by the TIRZ Board and City Council prior to the authorization of the proposed agreement. 7. The proposed ordinance provides for execution of an agreement that contains counter-party obligations that may be so indefinite as to undermine a potential municipal public purpose for the obligations therein. Section 2 of the proposed ordinance mandates execution of an agreement with the Developer based on the Term Sheet. The Term Sheet provides “the Developer will design, bid, contract for, and manage the undertaking to build the ‘Canal Plan,’ which is the Canal design as specified in an engineering study by Urban Engineering, as modified from time to time.” The developer’s ability to unilaterally change the design of the required canal makes it difficult to clearly determine that the canal will serve a municipal public purpose for the transfers to the Developer that are contained in the Term Sheet. A municipal public purpose is a requirement for a required transfer to not be gratuitous.5 A gratuitous transfer is prohibited by the Texas Constitution. 5 When a governmental entity attempts to spend government funds, it must make sure that those funds are spent on items which constitute a "public purpose." The public purpose doctrine was first enunciated in Sharpless v. Mayor of Philadelphia, 21 Pa. 147 (1853); see also, Willatt, Constitutional Restrictions on Use of Public Money and Public Credit, 38 Tex. B.J. 413, 414 (1975). In Sharpless, the court held that it was implicit in the Pennsylvania State Constitution that taxes could be levied only for a public purpose. Id. The court also held that any statute assessing taxes for private purposes would violate the state’s due process clause as a taking of property for private use. Id. The public purpose doctrine has now been universally accepted either by constitutional provisions or by judicial decision. See Taylor, A Proposal to Prohibit Industrial Relocation Subsidies, 72 Tex. L. Rev. 669, 673 (1994). The requirement for a municipal public purpose is necessary for a proposed transfer to avoid potentially being invalid pursuant to the following provisions of the Texas Constitution: • Tex. Const. art. III, §51. The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever. . . • Tex. Const. art. III, §52. . . . the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the state to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company. • Tex. Const. art. XI, §3. No county, city, or other municipal corporation shall hereafter become a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; . . . 11 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 8. The proposed ordinance provides for execution of an agreement that contains an obligation to effectively transfer (90-year lease) property to which the City does not have fee simple ownership Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet requires the City to lease “[o]wned land, easements, or other property controlled by the City on which the canal will be constructed, as well as additional property owned or controlled by the City on which future commercial development may be built” for an initial term of 40 years. This area is depicted below as the orange-shaded locations: The Term Sheet also requires that at the end of the 40-year term, the City must either accept the improvements to the leasehold property and pay fair market value for all such improvements or extend the lease for an additional 50-year term. This requirement essentially creates a 90-year term. As discussed in 5 above, such a term may amount to a conveyance of land, requiring compliance with notice and bidding requirements found in state law. Additionally, the property proposed to be included in the lease is not limited to City-owned land. The Developer also requires a lease of easements and other property that the City controls on North Beach. Without substantial research into the deed history of all of the subject property, we cannot determine if the City has the authority to transfer such property. The City only has an easement or tenancy interest in much of the land. Some of the land is probably not subject to any verifiably enforceable property right in favor of the City. The City’s ability to transfer or lease the property is limited to its ownership interest in the property. The City may not have the authority to build a canal or other improvements on such property. Thus, the City cannot authorize the Developer to make those improvements without extensive title research into the nature of the ownership transferred to the City. This is especially problematic given the Term Sheet’s purported indemnity of the Developer for “increased costs associated with incomplete or incorrect documentation of City assets”. 9. The proposed ordinance provides for execution of an agreement that may violate Article IX, Section 4 of the City Charter, which requires City Council approval of any assignment of a lease. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet requires the execution of a lease for an initial 40-year term. The Term Sheet allows the Developer to assign, sublet, and pledge its leasehold interest in the property subject to City approval only “under certain conditions to be negotiated by the parties.” Article IX, Section 4 of the City Charter prohibits the assignment of any franchise or lease unless such assignment is approved by ordinance of the City Council, which approval shall not be unreasonably withheld. As the Term Sheet does not provide for a process by which the City Council must approve any assignment of the lease, the agreement may violate the City Charter. 12 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 10. The proposed ordinance provides for execution of an agreement that may violate Chapters 252 and 271 of the Texas Local Government Code and Chapter 2269 of the Texas Government Code via the requirement to pay general fund revenues to the Developer as a design/build contractor. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet provides that until completion of construction, “the relationship of Developer to the Assets shall be as a Contractor.” The Developer is required under the Term Sheet to provide for both the design and construction of the canal project. If the Developer is acting as a contractor as required by the Term Sheet, the Developer would be a design/build contractor of the City for a public works project. Procurement of a contractor for a public works project is generally governed by Chapters 252 and 271 of the Texas Local Government Code. Design/build contracts are allowed pursuant to Chapter 2269 of the Texas Government Code. Chapter 2269 includes detailed instructions on how a municipality may procure a design/build contract for a public works project. The Term Sheet does not allow for this procurement process, but, rather, selects the Developer as the design/build contractor for the canal project. Were this project funded solely through TIRZ revenues, such an arrangement might be acceptable pursuant to §311.010(g) of the Texas Tax Code, which exempts TIRZ expenditures from certain procurement requirements.6 However, the Term Sheet also requires reimbursement of other revenues, including sales taxes on North Beach, which are not covered by this exception. Thus, a municipal agreement pursuant to the Term Sheet would violate Chapters 252 and 271 of the Texas Local Government Code and Chapter 2269 of the Texas Government Code by procuring a design/bid contractor without complying with the notice and bidding requirements provided by state law. 6 Regardless of the funding source, this arrangement may violate Chapter 1001 of the Texas Occupations Code if the agreement does not require that the work be supervised by a licensed engineer. 13 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS, the City of Corpus Christi (the "City") understands that a canal would address drainage issues on North Beach which would benefit all the citizens and property owners on North Beach apart from future development; and WHEREAS, Blackard Global and its affiliates and partners (the "Developer'') is relying on the promises and commitments of the City in order to proceed with their North Beach development plans; and WHEREAS, the City and the Developer have been in discussions for approximately two years regarding the North Beach development; and WHEREAS, Urban Engineering presented on October 29th, 2019 to the City, a navigable canal option (the "Navigable Canal"); and WHEREAS, the Developer has presented term sheet to the City in response to a proposal from the City on November 18th, 2019 which has a fixed price for the Navigable Canal of $41.2 million, among other terms (the "Term Sheet"); BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTl, TEXAS HEREBY PASSES THIS ORDINANCE TO TAKE ALL NECESSARY STEPS TO ACHIEVE THE FOLLOWING: 1. The City will build the Navigable Canal using its own financing and development oversight with a completion of no later than January 1, 2025. Or; 2. The City and the Developer will execute definitive documentation having the effect of documenting the terms of Term Sheet, and agreeable to both parties, which will result in the Developer building the Navigable Canal. If the City and the Developer cannot agree on definitive documentation by June 1, 2020, then the City will proceed according to provision number one, immediately above. 14 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 15 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx Navigable Canal Pages from City Council presentation of October 29, 2019 16 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx Term Sheet 17 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 18 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 19 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 20 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 21 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 22 C:\Program Files\Granicus\Legistar5\Packet\2266_City Council_12_10_2019\0039_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS, the City of Corpus Christi (the "City") understands that a canal would address drainage issues on North Beach which would benefit all the citizens and property owners on North Beach apart from future development; and WHEREAS, Blackard Global and its affiliates and partners (the "Developer") is relying on the promises and commitments of the City in order to proceed with their North Beach development plans; and WHEREAS, the City and the Developer have been in discussions for approximately two years regarding the North Beach development; and WHEREAS, Urban Engineering presented on October 29th, 2019 to the City, a navigable canal option (the "Navigable Canal"); and WHEREAS, the Developer has presented term sheet to the City in response to a proposal from the City on November 18th, 2019 which has a fixed price for the Navigable Canal of $41.2 million, among other terms (the "Term Sheet"); BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTl, TEXAS HEREBY PASSES THIS ORDINANCE TO TAKE ALL NECESSARY STEPS TO ACHIEVE THE FOLLOWING: 1. The City will build the Navigable Canal using its own financing and development oversight with a completion of no later than January 1, 2025. Or; 2. The City and the Developer will execute definitive documentation having the effect of documenting the terms of Term Sheet, and agreeable to both parties, which will result in the Developer building the Navigable Canal. If the City and the Developer cannot agree on definitive documentation by June 1, 2020, then the City will proceed according to provision number one, immediately above. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo _ Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo _ Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of December 10, 2019 Second Reading for the City Council Meeting of December 17, 2019 DATE:December 06, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P. E., Director of Street Operations Albertq@cctexas.com (361) 826-1957 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Preventative Maintenance Program Reserves. SUMMARY: This motion approves two construction IDIQ contracts to perform maintenance improvements to streets city-wide. These services include ultra-thin bonded overlays, overlays, base repairs, concrete work on curbs and gutters, minor utility work, pavement markings and ADA improvements. Construction Contract Award Street Preventative Maintenance Program BACKGROUND AND FINDINGS: This project is the continuation of the City Council approved 10-year street maintenance program for citywide Street Preventative Maintenance Program (SPMP) funded in part by the approved street maintenance fee. This program is entering the 6th year (FY 2019). On June 11, 2019, City Council approved a resolution for the SPMP 2019 Work Plan (Year – 6). With the resolution, City Council directed staff to proceed with implementing the concepts, direction, selection criteria, and general work plan for the sixth year of the program. The SPMP FY 2019 program will provide city-wide road maintenance consisting primarily of mill and overlay to arterial, collector, and residential streets as well as ultra-thin bonded wear course construction to arterial and collector streets. The project is an indefinite delivery/indefinite quantity contract that will require a variety of tasks associated with roadway maintenance. General requirements of the contract include traffic control and pavement markings. Street improvement construction includes subgrade and base repair, pavement milling, installing hot mix asphaltic concrete, and installing ultra-thin bonded wear course. Minor utility improvements such as wastewater and storm water manhole ring and cover adjustment, water valve cover adjustment, and gas valve cover adjustment will also be required as part of the program. Concrete activities such as curb and gutter, sidewalk and driveway installation are also included in the program scope. The work will be issued in individual work orders called “Delivery Orders” that provide specific scope and requirements. The project was bid in four parts. One part was ultra-thin bonded wearing course, and three parts were overlays. Each part is citywide and intended to fund two years of maintenance activities. PROJECT TIMELINE: 19 D J F M A M J J A S O N D J F M A M J J A S O N D 20212020 Design & Construction Project schedule reflects City Council award in December with anticipated completion in 2021. COMPETITIVE SOLICITATION PROCESS On November 13, 2019, the City received bids from three bidders. The project was bid with four base bids, one for ultra-thin overlays and associated work and the other three for overlays and associated work. One bidder was lowest on all four parts. The City analyzed the bids in accordance with the contract documents and determined Bay, Ltd. is the lowest responsive and responsible bidder. Bay Ltd. has successfully completed numerous City street projects. Please note, the bid amounts do not determine the contract value of an IDIQ contract but do set the unit prices for the work. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID 1 – ULTRA THIN ($20M) BASE BID 2 – OVERLAY ($10M) BASE BID 3 – OVERLAY ($6M) BASE BID 4 – OVERLAY ($6M) Bay Ltd.23,079,301.50 11,594,041.00 7,133,653.00 7,133,653.00 Haas- Anderson Ltd.24,118,345.00 12,892,432.00 7,786,661.00 7,786,661.00 A. Ortiz Construction/Paving NO BID NO BID NO BID 7,906,536.00 ALTERNATIVES: An alternative would be to rebid the project not as an indefinite delivery indefinite quantity contract and instead bid each street or group of streets as they are designed; however, this would delay starting the large volume of street work needed in the City. FISCAL IMPACT: The item proposes to award two IDIQ construction contracts to Bay Ltd., one contract for ultra-thin overlays in the not to exceed amount of $20,000,000, and one contract for overlays in the not to exceed amount of $30,000,000 for the Street Preventative Maintenance Program FY 2019. Work is located citywide, will start upon notice to proceed and funding is available upon approval of the Ordinance from Street Preventative Maintenance Program, Program Reserves, Utilities and funds for ADA Improvements from Bond 2016 and 2018. FUNDING DETAIL (Year One Only): Fund/Org: Streets/Street Preventative Maintenance Program (Fund 1041) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs (Account #530215) Activity: 18135-A-1041-EXP Amount:$16,665,375 Fund: Storm Water Fund (Fund 4300) Org:Storm Water Maintenance of Lines (Org #32005) Mission Elem: Drainage Infrastructure (ME 043) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4300-EXP Amount:$383,475 Fund: Water Fund (Fund 4010) Org:Treated Water Delivery System (Org #31520) Mission Elem: Distribute Water (ME 041) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4010-EXP Amount:$115,902 Fund: Wastewater Fund (Fund 4200) Org:Wastewater Collection System (Org #33400) Mission Elem: Wastewater Collection System (ME 042) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4200-EXP Amount:$463,299 Fund: Gas Fund (Fund 4130) Org:Natural Gas Purchased (Org #34100) Mission Elem: Gas Distribution System (ME 022) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Natural Gas Purchases (Account #520200) Activity: 18135-A-4130-EXP Amount:$226,466 Fund: Street 2018 GO Bond 2016 (Fund 3554) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Construction (Account #550910) Activity: 18135-A-3554-EXP Amount:$2,052,235.81 Fund: Street 2019 GO Bond 2018 (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Construction (Account #550910) Activity: 18135-A-3556-EXP Amount:$1,093,247.19 RECOMMENDATION: Staff recommends awarding the IDIQ construction contracts for the Street Preventative Maintenance Program FY 2019 to Bay Ltd as presented above. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabs (4) Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Operation Reserves. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $5,000,000 from the Committed Fund Balance in Fund 1041 and amending the Fiscal Year 2020 Operating Budget adopted by Ordinance 031870 to increase expenditures SECTION 2.The City Manager or designee is authorized to execute a construction contract up to the amount of $50,000,000 with Bay, LTD. for the Street Preventative Maintenance Program for up to $20,000,000 of Ultra-Thin Bonded Wear Course and up to $30,000,000 of Street Overlays. SECTION 3. This project is located citywide and will begin upon notice to proceed with funding available upon approval of this ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor BID DATE: Wednesday - Nov. 13, 2019 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1-A1 MOBILIZATION LS 1 325,000.00$ 325,000.00$ 736,000.00$ 736,000.00$ 1-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 130,000.00$ 130,000.00$ 130,000.00$ 130,000.00$ 1-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 38 9,900.00$ 376,200.00$ 6,100.00$ 231,800.00$ 1-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 72 11,500.00$ 828,000.00$ 8,900.00$ 640,800.00$ 1-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 1-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 2200 0.28$ 616.00$ 0.30$ 660.00$ 1-A8 CURB PAINTING (RED FIRE ZONE)LF 600 0.28$ 168.00$ 0.30$ 180.00$ 1-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH SY 5000 33.00$ 165,000.00$ 22.00$ 110,000.00$ 1-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 1150 12.25$ 14,087.50$ 7.15$ 8,222.50$ 1-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 110 1,100.00$ 121,000.00$ 1,185.00$ 130,350.00$ 1-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATION WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 110 1,100.00$ 121,000.00$ 356.00$ 39,160.00$ 2,081,551.50$ 2,029,384.50$ NO BID 1-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 5000 42.00$ 210,000.00$ 40.00$ 200,000.00$ CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS SUBTOTAL PART A - GENERAL CORPUS CHRISTI, TEXAS TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BASE BID - PART 1: ULTRA THIN BONDED WEAR COURSE PART B - STREET IMPROVEMENTS PART A - GENERAL Page 1 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 5000 44.00$ 220,000.00$ 49.00$ 245,000.00$ 1-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 40000 72.00$ 2,880,000.00$ 74.00$ 2,960,000.00$ 1-B7 CEMENT FOR CEMENT TREATMENT TON 120 220.00$ 26,400.00$ 175.00$ 21,000.00$ 1-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 5000 4.70$ 23,500.00$ 3.85$ 19,250.00$ 1-B9 HMAC SAW CUTTING (0 TO 4" DEPTH)LF 85000 1.70$ 144,500.00$ 0.90$ 76,500.00$ 1-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 200 310.00$ 62,000.00$ 219.00$ 43,800.00$ 1-B11 CRACK SEAL WITH ALL SURFACE PREPARATION AND APPLICATION LF 45500 2.30$ 104,650.00$ 1.25$ 56,875.00$ 1-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 3400 150.00$ 510,000.00$ 139.00$ 472,600.00$ 1-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 25000 4.60$ 115,000.00$ 3.45$ 86,250.00$ 1-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 400 87.00$ 34,800.00$ 101.00$ 40,400.00$ 1-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG70-22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2750 125.00$ 343,750.00$ 118.00$ 324,500.00$ 1-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG76-22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 1375 137.00$ 188,375.00$ 114.00$ 156,750.00$ 1-B18 ULTRA-THIN BONDED WEAR COURSE MEMBRANE GAL 190000 3.00$ 570,000.00$ 3.20$ 608,000.00$ 1-B19 ULTRA-THIN BONDED WEAR COURSE ASPHALT TON 2600 170.00$ 442,000.00$ 172.00$ 447,200.00$ 1-B20 ULTRA-THIN BONDED WEAR COURSE AGGREGATE TON 45000 160.65$ 7,229,250.00$ 172.00$ 7,740,000.00$ 1-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 12850 0.80$ 10,280.00$ 0.75$ 9,637.50$ 1-B22 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 142000 0.40$ 56,800.00$ 0.40$ 56,800.00$ 1-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 260000 0.40$ 104,000.00$ 0.40$ 104,000.00$ 1-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 260000 0.40$ 104,000.00$ 0.40$ 104,000.00$ Page 2 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-B25 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 149000 0.40$ 59,600.00$ 0.40$ 59,600.00$ 1-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 26500 3.20$ 84,800.00$ 3.05$ 80,825.00$ 1-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 11 1,900.00$ 20,900.00$ 4,530.00$ 49,830.00$ 1-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 2 2,600.00$ 5,200.00$ 6,280.00$ 12,560.00$ 1-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 7700 13.75$ 105,875.00$ 13.00$ 100,100.00$ 1-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 126700 9.00$ 1,140,300.00$ 2.20$ 278,740.00$ 1-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 135 320.00$ 43,200.00$ 303.00$ 40,905.00$ 1-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 322 210.00$ 67,620.00$ 204.00$ 65,688.00$ 14,906,800.00$ 14,460,810.50$ NO BID 1-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 300 1,300.00$ 390,000.00$ 2,110.00$ 633,000.00$ 1-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 150 2,400.00$ 360,000.00$ 3,430.00$ 514,500.00$ PART C - CONCRETE ACTIVITIES SUBTOTAL PART B - STREET IMPROVEMENTS Page 3 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 5400 69.00$ 372,600.00$ 68.00$ 367,200.00$ 1-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 15000 14.00$ 210,000.00$ 23.00$ 345,000.00$ 1-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 1500 18.50$ 27,750.00$ 24.00$ 36,000.00$ 1-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 700 195.00$ 136,500.00$ 230.00$ 161,000.00$ 1,496,850.00$ 2,056,700.00$ NO BID 1-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 330 2,100.00$ 693,000.00$ 2,750.00$ 907,500.00$ 1-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 330 1,700.00$ 561,000.00$ 2,070.00$ 683,100.00$ PART D - MINOR UTILITY IMPROVEMENTS SUBTOTAL PART C - CONCRETE ACTIVITIES Page 4 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 30 2,200.00$ 66,000.00$ 2,050.00$ 61,500.00$ 1-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 320 680.00$ 217,600.00$ 1,130.00$ 361,600.00$ 1-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 320 1,300.00$ 416,000.00$ 1,100.00$ 352,000.00$ 1-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 750 15.00$ 11,250.00$ 11.00$ 8,250.00$ 1,964,850.00$ 2,373,950.00$ NO BID 1-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 250 1,100.00$ 275,000.00$ 1,850.00$ 462,500.00$ 1-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 120 2,300.00$ 276,000.00$ 2,900.00$ 348,000.00$ 1-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 17000 15.75$ 267,750.00$ 16.00$ 272,000.00$ PART E - ADA IMPROVEMENTS SUBTOTAL PART D - MINOR UTILITY IMPROVEMENTS Page 5 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 60000 23.00$ 1,380,000.00$ 28.00$ 1,680,000.00$ 1-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 45000 8.50$ 382,500.00$ 9.00$ 405,000.00$ 1-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1500 32.00$ 48,000.00$ 20.00$ 30,000.00$ 2,629,250.00$ 3,197,500.00$ NO BID 23,079,301.50$ 24,118,345.00$ NO BIDTOTAL BASE BID - PART 1 (A THRU E) SUBTOTAL PART E - ADA IMPROVEMENTS Page 6 of 6 BID DATE: Wednesday - Nov. 13, 2019 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2-A1 MOBILIZATION LS 1 90,000.00$ 90,000.00$ 625,000.00$ 625,000.00$ 2-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 65,000.00$ 65,000.00$ 68,000.00$ 68,000.00$ 2-A3 TRAFFIC CONTROL AND SWPPP (EXCLUDING SEDIMENT CONTROL FENCING), RESIDENTIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 50 2,800.00$ 140,000.00$ 1,730.00$ 86,500.00$ 2-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 12 9,000.00$ 108,000.00$ 5,670.00$ 68,040.00$ 2-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 12 10,000.00$ 120,000.00$ 7,460.00$ 89,520.00$ 2-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 2-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 100 0.50$ 50.00$ 0.50$ 50.00$ 2-A8 CURB PAINTING (RED FIRE ZONE)LF 100 0.50$ 50.00$ 0.50$ 50.00$ 2-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH.SY 3600 31.00$ 111,600.00$ 22.00$ 79,200.00$ 2-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 3500 11.50$ 40,250.00$ 7.15$ 25,025.00$ 2-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 74 1,100.00$ 81,400.00$ 2,980.00$ 220,520.00$ CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 PART A - GENERAL BASE BID - PART 2: OVERLAYS Page 1 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATIONS WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 74 1,000.00$ 74,000.00$ 635.00$ 46,990.00$ 830,830.00$ 1,311,107.00$ NO BID 2-B1 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1500 48.00$ 72,000.00$ 41.00$ 61,500.00$ 2-B2 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1500 56.00$ 84,000.00$ 48.00$ 72,000.00$ 2-B3 8" DEEP RESIDENTIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 10000 60.00$ 600,000.00$ 69.00$ 690,000.00$ 2-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1000 58.00$ 58,000.00$ 45.00$ 45,000.00$ 2-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1000 58.00$ 58,000.00$ 53.00$ 53,000.00$ 2-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64- 22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 3000 77.00$ 231,000.00$ 74.00$ 222,000.00$ 2-B7 CEMENT FOR CEMENT TREATMENT TON 50 170.00$ 8,500.00$ 211.00$ 10,550.00$ 2-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 5000 4.60$ 23,000.00$ 3.85$ 19,250.00$ 2-B9 HMAC SAW CUTTING (0 TO 4" DEPTH)LF 28500 1.70$ 48,450.00$ 0.90$ 25,650.00$ SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS Page 2 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 250 260.00$ 65,000.00$ 219.00$ 54,750.00$ 2-B11 CRACK SEAL WITH ALL SURFACE PREPARATION AND APPLICATION LF 4000 16.75$ 67,000.00$ 1.25$ 5,000.00$ 2-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 1140 130.00$ 148,200.00$ 139.00$ 158,460.00$ 2-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 300000 5.53$ 1,659,000.00$ 3.50$ 1,050,000.00$ 2-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 220 85.00$ 18,700.00$ 101.00$ 22,220.00$ 2-B15 SURFACE TREATMENT - HMAC, TYPE "D", SAC- B, PG64-22 (RESIDENTIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 20500 120.00$ 2,460,000.00$ 130.00$ 2,665,000.00$ 2-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC- B, PG70-22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 4000 120.00$ 480,000.00$ 120.00$ 480,000.00$ 2-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC- B, PG76-22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 4000 120.00$ 480,000.00$ 120.00$ 480,000.00$ 2-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 4300 1.67$ 7,181.00$ 1.65$ 7,095.00$ 2-B22 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 29000 0.85$ 24,650.00$ 0.85$ 24,650.00$ 2-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 21000 0.85$ 17,850.00$ 0.85$ 17,850.00$ 2-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 30500 0.85$ 25,925.00$ 0.85$ 25,925.00$ Page 3 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-B25 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 12100 0.85$ 10,285.00$ 0.85$ 10,285.00$ 2-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 2500 4.50$ 11,250.00$ 4.40$ 11,000.00$ 2-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 10 250.00$ 2,500.00$ 4,560.00$ 45,600.00$ 2-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 3 340.00$ 1,020.00$ 6,390.00$ 19,170.00$ 2-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 1000 13.50$ 13,500.00$ 13.00$ 13,000.00$ 2-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 20500 11.00$ 225,500.00$ 2.20$ 45,100.00$ 2-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 25 390.00$ 9,750.00$ 386.00$ 9,650.00$ 2-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 70 280.00$ 19,600.00$ 276.00$ 19,320.00$ 6,929,861.00$ 6,363,025.00$ NO BID 2-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 150 1,300.00$ 195,000.00$ 2,110.00$ 316,500.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - CONCRETE ACTIVITIES Page 4 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 75 2,400.00$ 180,000.00$ 3,430.00$ 257,250.00$ 2-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 5500 67.00$ 368,500.00$ 68.00$ 374,000.00$ 2-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 28500 13.75$ 391,875.00$ 25.00$ 712,500.00$ 2-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 3000 18.00$ 54,000.00$ 26.00$ 78,000.00$ Page 5 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 700 190.00$ 133,000.00$ 230.00$ 161,000.00$ 1,322,375.00$ 1,899,250.00$ NO BID 2-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 70 2,100.00$ 147,000.00$ 2,750.00$ 192,500.00$ 2-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 70 1,700.00$ 119,000.00$ 2,070.00$ 144,900.00$ 2-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 15 2,100.00$ 31,500.00$ 2,050.00$ 30,750.00$ 2-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 35 660.00$ 23,100.00$ 1,130.00$ 39,550.00$ SUBTOTAL PART C - CONCRETE ACTIVITIES PART D- MINOR UTILITIES IMPROVEMENTS Page 6 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 35 1,200.00$ 42,000.00$ 1,100.00$ 38,500.00$ 2-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 150 14.50$ 2,175.00$ 11.00$ 1,650.00$ 364,775.00$ 447,850.00$ NO BID 2-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 250 1,100.00$ 275,000.00$ 1,930.00$ 482,500.00$ 2-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 120 2,200.00$ 264,000.00$ 3,020.00$ 362,400.00$ SUBTOTAL PART D - MINOR UTILITY IMPR PART E - ADA IMPROVEMENTS Page 7 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 17000 15.25$ 259,250.00$ 17.00$ 289,000.00$ 2-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 42000 24.00$ 1,008,000.00$ 33.00$ 1,386,000.00$ 2-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 34000 8.30$ 282,200.00$ 9.20$ 312,800.00$ 2-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1750 33.00$ 57,750.00$ 22.00$ 38,500.00$ 2,146,200.00$ 2,871,200.00$ NO BID 11,594,041.00$ 12,892,432.00$ NO BIDTOTAL BASE BID - PART 2 (A THRU E) SUBTOTAL PART E - ADA IMPROVEMENTS Page 8 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 3-A1 MOBILIZATION LS 1 290,000.00$ 290,000.00$ 375,000.00$ 375,000.00$ 3-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 44,000.00$ 44,000.00$ 41,000.00$ 41,000.00$ 3-A3 TRAFFIC CONTROL AND SWPPP (EXCLUDING SEDIMENT CONTROL FENCING), RESIDENTIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 31 3,000.00$ 93,000.00$ 1,730.00$ 53,630.00$ 3-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 9,300.00$ 65,100.00$ 5,670.00$ 39,690.00$ 3-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 10,900.00$ 76,300.00$ 7,460.00$ 52,220.00$ 3-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 3-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 3-A8 CURB PAINTING (RED FIRE ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 3-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH.SY 2200 32.00$ 70,400.00$ 22.00$ 48,400.00$ 3-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 2100 11.25$ 23,625.00$ 7.15$ 15,015.00$ 3-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 45 1,000.00$ 45,000.00$ 3,800.00$ 171,000.00$ 3-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATIONS WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 45 1,000.00$ 45,000.00$ 522.00$ 23,490.00$ 753,037.00$ 821,789.00$ NO BID PART A - GENERAL TABLATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wednesday - Nov. 13, 2019 STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BASE BID - PART 3: OVERLAYS SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS Page 1 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-B1 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 48.00$ 43,200.00$ 41.00$ 36,900.00$ 3-B2 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 55.00$ 49,500.00$ 48.00$ 43,200.00$ 3-B3 8" DEEP RESIDENTIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 6000 61.00$ 366,000.00$ 69.00$ 414,000.00$ 3-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 57.00$ 34,200.00$ 45.00$ 27,000.00$ 3-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 58.00$ 34,800.00$ 53.00$ 31,800.00$ 3-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 1800 76.00$ 136,800.00$ 74.00$ 133,200.00$ 3-B7 CEMENT FOR CEMENT TREATMENT TON 30 170.00$ 5,100.00$ 211.00$ 6,330.00$ 3-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 3000 4.50$ 13,500.00$ 3.85$ 11,550.00$ 3-B9 HMAC SAW CUTTING (0 - 4" DEPTH)LF 17100 1.65$ 28,215.00$ 0.90$ 15,390.00$ 3-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 150 260.00$ 39,000.00$ 219.00$ 32,850.00$ 3-B11 CRACK SEAL WITH ALL SURFACE PREPARATION AND APPLICATION LF 2400 16.50$ 39,600.00$ 1.25$ 3,000.00$ 3-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 684 130.00$ 88,920.00$ 139.00$ 95,076.00$ 3-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 180000 5.50$ 990,000.00$ 3.50$ 630,000.00$ 3-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 132 84.00$ 11,088.00$ 101.00$ 13,332.00$ Page 2 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-B15 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG64-22 (RESIDENTIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 12300 116.75$ 1,436,025.00$ 130.00$ 1,599,000.00$ 3-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG70-22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 3-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG76-22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 3-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 2580 1.65$ 4,257.00$ 1.65$ 4,257.00$ 3-B22 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 17400 0.85$ 14,790.00$ 0.85$ 14,790.00$ 3-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 12600 0.85$ 10,710.00$ 0.85$ 10,710.00$ 3-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 18300 0.85$ 15,555.00$ 0.85$ 15,555.00$ 3-B25 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 7260 0.85$ 6,171.00$ 0.85$ 6,171.00$ 3-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 1500 4.40$ 6,600.00$ 4.40$ 6,600.00$ 3-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 6 330.00$ 1,980.00$ 4,640.00$ 27,840.00$ 3-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 2 330.00$ 660.00$ 6,390.00$ 12,780.00$ 3-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 600 13.25$ 7,950.00$ 13.00$ 7,800.00$ 3-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 12300 10.00$ 123,000.00$ 2.20$ 27,060.00$ Page 3 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 15 330.00$ 4,950.00$ 331.00$ 4,965.00$ 3-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 42 250.00$ 10,500.00$ 248.00$ 10,416.00$ 4,099,071.00$ $3,817,572.00 NO BID 3-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 90 1,300.00$ 117,000.00$ 2,110.00$ 189,900.00$ 3-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 45 2,400.00$ 108,000.00$ 3,430.00$ 154,350.00$ 3-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 3300 66.00$ 217,800.00$ 68.00$ 224,400.00$ 3-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 17100 13.50$ 230,850.00$ 25.00$ 427,500.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - CONCRETE ACTIVITIES Page 4 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 1800 17.75$ 31,950.00$ 26.00$ 46,800.00$ 3-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 420 180.00$ 75,600.00$ 230.00$ 96,600.00$ 781,200.00$ 1,139,550.00$ NO BID 3-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 2,000.00$ 84,000.00$ 2,750.00$ 115,500.00$ 3-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 1,700.00$ 71,400.00$ 2,070.00$ 86,940.00$ 3-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 9 2,100.00$ 18,900.00$ 2,050.00$ 18,450.00$ 3-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 21 660.00$ 13,860.00$ 1,130.00$ 23,730.00$ SUBTOTAL PART C - CONCRETE ACTIVITIES PART D - MINOR UTILITY IMPROVEMENTS Page 5 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 21 1,200.00$ 25,200.00$ 1,100.00$ 23,100.00$ 3-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 90 14.50$ 1,305.00$ 11.00$ 990.00$ 214,665.00$ 268,710.00$ NO BID 3-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 150 1,100.00$ 165,000.00$ 1,930.00$ 289,500.00$ 3-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 72 2,200.00$ 158,400.00$ 3,020.00$ 217,440.00$ 3-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 10200 15.25$ 155,550.00$ 17.00$ 173,400.00$ 3-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 25200 24.00$ 604,800.00$ 33.00$ 831,600.00$ SUBTOTAL PART D - MINOR UTILITY IMPR PART E - ADA IMPROVEMENTS Page 6 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 20400 8.20$ 167,280.00$ 10.00$ 204,000.00$ 3-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1050 33.00$ 34,650.00$ 22.00$ 23,100.00$ 1,285,680.00$ 1,739,040.00$ NO BID 7,133,653.00$ 7,786,661.00$ NO BID SUBTOTAL PART E - ADA IMPROVEMENTS TOTAL BASE BID - PART 3 (A THRU E) Page 7 of 7 BID DATE: Wednesday - Nov. 13, 2019 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 4-A1 MOBILIZATION LS 1 290,000.00$ 290,000.00$ 375,000.00$ 375,000.00$ 37,500.00$ 37,500.00$ 4-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 44,000.00$ 44,000.00$ 41,000.00$ 41,000.00$ 35,000.00$ 35,000.00$ 4-A3 TRAFFIC CONTROL AND SWPPP (EXCLUDING SEDIMENT CONTROL FENCING), RESIDENTIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 31 3,000.00$ 93,000.00$ 1,730.00$ 53,630.00$ 5,000.00$ 155,000.00$ 4-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 9,300.00$ 65,100.00$ 5,670.00$ 39,690.00$ 5,500.00$ 38,500.00$ 4-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 10,900.00$ 76,300.00$ 7,460.00$ 52,220.00$ 6,000.00$ 42,000.00$ 4-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 50.00$ 200.00$ 4-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 10.00$ 600.00$ 4-A8 CURB PAINTING (RED FIRE ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 15.00$ 900.00$ 4-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH.SY 2200 32.00$ 70,400.00$ 22.00$ 48,400.00$ 15.00$ 33,000.00$ 4-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 2100 11.25$ 23,625.00$ 7.15$ 15,015.00$ 7.50$ 15,750.00$ 4-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 45 1,000.00$ 45,000.00$ 3,800.00$ 171,000.00$ 2,500.00$ 112,500.00$ 4-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATIONS WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 45 1,000.00$ 45,000.00$ 522.00$ 23,490.00$ 1,500.00$ 67,500.00$ 753,037.00$ 821,789.00$ 538,450.00$ SUBTOTAL PART A - GENERAL TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD PART B - STREET IMPROVEMENTS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BASE BID - PART 4: OVERLAYS PART A - GENERAL Page 1 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-B1 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 48.00$ 43,200.00$ 41.00$ 36,900.00$ 55.00$ 49,500.00$ 4-B2 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 55.00$ 49,500.00$ 48.00$ 43,200.00$ 65.00$ 58,500.00$ 4-B3 8" DEEP RESIDENTIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 6000 61.00$ 366,000.00$ 69.00$ 414,000.00$ 90.00$ 540,000.00$ 4-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 57.00$ 34,200.00$ 45.00$ 27,000.00$ 60.00$ 36,000.00$ 4-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 58.00$ 34,800.00$ 53.00$ 31,800.00$ 75.00$ 45,000.00$ 4-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 1800 76.00$ 136,800.00$ 74.00$ 133,200.00$ 100.00$ 180,000.00$ 4-B7 CEMENT FOR CEMENT TREATMENT TON 30 170.00$ 5,100.00$ 211.00$ 6,330.00$ 300.00$ 9,000.00$ 4-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 3000 4.50$ 13,500.00$ 3.85$ 11,550.00$ 4.00$ 12,000.00$ 4-B9 HMAC SAW CUTTING (0 TO 4" DEPTH)LF 17100 1.65$ 28,215.00$ 0.90$ 15,390.00$ 6.50$ 111,150.00$ 4-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 150 260.00$ 39,000.00$ 219.00$ 32,850.00$ 200.00$ 30,000.00$ 4-B11 APPLICATION LF 2400 16.50$ 39,600.00$ 1.25$ 3,000.00$ 8.00$ 19,200.00$ 4-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 684 130.00$ 88,920.00$ 139.00$ 95,076.00$ 150.00$ 102,600.00$ Page 2 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 180000 5.50$ 990,000.00$ 3.50$ 630,000.00$ 3.00$ 540,000.00$ 4-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 132 84.00$ 11,088.00$ 101.00$ 13,332.00$ 100.00$ 13,200.00$ 4-B15 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG64- 22 (RESIDENTIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 12300 116.75$ 1,436,025.00$ 130.00$ 1,599,000.00$ 170.00$ 2,091,000.00$ 4-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG70- 22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 175.00$ 420,000.00$ 4-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG76- 22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 180.00$ 432,000.00$ 4-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 2580 1.65$ 4,257.00$ 1.65$ 4,257.00$ 1.00$ 2,580.00$ 4-B22 THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 17400 0.85$ 14,790.00$ 0.85$ 14,790.00$ 0.60$ 10,440.00$ 4-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 12600 0.85$ 10,710.00$ 0.85$ 10,710.00$ 0.60$ 7,560.00$ 4-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 18300 0.85$ 15,555.00$ 0.85$ 15,555.00$ 0.60$ 10,980.00$ 4-B25 , THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 7260 0.85$ 6,171.00$ 0.85$ 6,171.00$ 0.60$ 4,356.00$ 4-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 1500 4.40$ 6,600.00$ 4.40$ 6,600.00$ 0.60$ 900.00$ 4-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 6 330.00$ 1,980.00$ 4,640.00$ 27,840.00$ 2,750.00$ 16,500.00$ 4-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 2 330.00$ 660.00$ 6,390.00$ 12,780.00$ 3,250.00$ 6,500.00$ Page 3 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 600 13.25$ 7,950.00$ 13.00$ 7,800.00$ 12.00$ 7,200.00$ 4-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 12300 10.00$ 123,000.00$ 2.20$ 27,060.00$ 12.00$ 147,600.00$ 4-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 15 330.00$ 4,950.00$ 331.00$ 4,965.00$ 350.00$ 5,250.00$ 4-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 42 250.00$ 10,500.00$ 248.00$ 10,416.00$ 250.00$ 10,500.00$ 4,099,071.00$ 3,817,572.00$ 4,919,516.00$ 4-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 90 1,300.00$ 117,000.00$ 2,110.00$ 189,900.00$ 2,500.00$ 225,000.00$ 4-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 45 2,400.00$ 108,000.00$ 3,430.00$ 154,350.00$ 3,000.00$ 135,000.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - CONCRETE ACTIVITIES Page 4 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 3300 66.00$ 217,800.00$ 68.00$ 224,400.00$ 50.00$ 165,000.00$ 4-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 17100 13.50$ 230,850.00$ 25.00$ 427,500.00$ 18.00$ 307,800.00$ 4-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 1800 17.75$ 31,950.00$ 26.00$ 46,800.00$ 25.00$ 45,000.00$ 4-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 420 180.00$ 75,600.00$ 230.00$ 96,600.00$ 121.00$ 50,820.00$ 781,200.00$ 1,139,550.00$ 928,620.00$ 4-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 2,000.00$ 84,000.00$ 2,750.00$ 115,500.00$ 1,500.00$ 63,000.00$ SUBTOTAL PART C - CONCRETE ACTIVITIES PART D - MINOR UTILITY IMPROVEMENTS Page 5 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 1,700.00$ 71,400.00$ 2,070.00$ 86,940.00$ 1,500.00$ 63,000.00$ 4-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 9 2,100.00$ 18,900.00$ 2,050.00$ 18,450.00$ 1,750.00$ 15,750.00$ 4-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 21 660.00$ 13,860.00$ 1,130.00$ 23,730.00$ 1,250.00$ 26,250.00$ 4-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 21 1,200.00$ 25,200.00$ 1,100.00$ 23,100.00$ 1,250.00$ 26,250.00$ 4-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 90 14.50$ 1,305.00$ 11.00$ 990.00$ 50.00$ 4,500.00$ 214,665.00$ 268,710.00$ 198,750.00$ 4-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, EA 150 1,100.00$ 165,000.00$ 1,930.00$ 289,500.00$ 2,000.00$ 300,000.00$ PART E - ADA IMPROVEMENTS SUBTOTAL PART D - MINOR UTILITY IMPR Page 6 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 72 2,200.00$ 158,400.00$ 3,020.00$ 217,440.00$ 2,500.00$ 180,000.00$ 4-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 10200 15.25$ 155,550.00$ 17.00$ 173,400.00$ 15.00$ 153,000.00$ 4-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 25200 24.00$ 604,800.00$ 33.00$ 831,600.00$ 20.00$ 504,000.00$ 4-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 20400 8.20$ 167,280.00$ 10.00$ 204,000.00$ 8.00$ 163,200.00$ 4-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1050 33.00$ 34,650.00$ 22.00$ 23,100.00$ 20.00$ 21,000.00$ 1,285,680.00$ 1,739,040.00$ 1,321,200.00$ 7,133,653.00$ 7,786,661.00$ 7,906,536.00$ SUBTOTAL PART E - ADA IMPROVEMENTS TOTAL BASE BID PART 4 - (A THRU E) Shaded area indicates bidder's mathmatical error, extended amounts and totals are based on bidder's unit pricing Page 7 of 7