HomeMy WebLinkAboutAgenda Packet City Council - 04/19/2022 Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street
Corpus Christi,TX 78401
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\ Meeting Agenda - Final-revised
City Council
Tuesday,April 19,2022 11:30 AM Council Chambers
Addendums may be added on Friday.
Public Notice: Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services are requested to contact the City Secretary's office (at
361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete
ingles-espanol en todas las juntas del Concilio para ayudarle.
This meeting may be held via videoconference call pursuant to Texas Government Code
§ 551.127. If this meeting is held via videoconference call or other remote method of
meeting, then a member of this governmental body presiding over this meeting will be
physically present at the location of this meeting unless this meeting is held pursuant to
Texas Government Code § 551.125 due to an emergency or other public necessity
pursuant to Texas Government Code § 551.045.
A. Mayor Paulette M. Guajardo to call the meeting to order.
B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Fatima Abdullah, W. B. Ray High School Student.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
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City Council Meeting Agenda-Final-revised April 19,2022
E. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public
comment period, you must sign up before the meeting begins. Each speaker is
limited to a total of no more than 3 minutes per speaker. You will not be allowed
to speak again on an item when the Council is considering the item. Time limits
may be restricted further by the Mayor at any meeting. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Written comments may be submitted at
cctexas.com/departments/city-secretary. Electronic media that you would like to
use may only be introduced into the City system IF approved by the City's
Information Technology (IT) Department at least 24 hours prior to the Meeting.
Please contact IT at 826-3211 to coordinate. This is a public hearing for all items
on this agenda.
F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
a. SUMMARY OF FY 2021 ANNUAL COMPREHENSIVE REPORT
G BOARD &COMMITTEE APPOINTMENTS:
H. EXPLANATION OF COUNCIL ACTION:
I. CONSENT AGENDA: (ITEMS 1 - 8)
1. 22-0729 Approval of the April 12, 2022 Regular Meeting Minutes
sponsors: City Secretary's Office
Consent-Second Reading Ordinances
2. 22-0536 Ordinance adopting text amendments to the Unified Development Code
(UDC) to adjust requirements for Master Preliminary Plats, and platting
regulations regarding expirations and extensions.
sponsors: Development Services
3. 22-0507 Ordinance abandoning and vacating an 80.00-foot-wide by approximately
1761.00 feet long (3.0633 Acres) portion of an existing 80.00-foot-wide
drainage easement out of Bohemian Colony Lands, Section 7, Lot 6,
located at 1802 Lands Road, conditioned on the dedication of a
replacement easement.
sponsors: Development Services
4. 22-0578 Ordinance approving Amended and Restated Addendum No. 1 to Lease
Agreement with Corpus Christi Baseball Club, L.P., which provides for an
increase of$374,200.00 in Type A funding on a reimbursement basis, to
make certain capital improvements to the Whataburger Field property in
accordance with Major League Baseball Requirements; and amending the
operating budget.
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Sponsors: Finance &Procurement
5. 22-0406 Zoning Case No. 0222-03, Graham Office, LLC.: (District 4) Ordinance
rezoning property at or near 202 Graham Road from the "IH" Heavy
Industrial District to the "RV" Recreational Vehicle Park District. (Planning
Commission and Staff recommend Approval).(Tabled April 12, 2022)
Sponsors: Development Services
Consent- Capital Projects
6. 22-0491 Motion awarding a construction contract to South Texas Building Partners
(STBP) Inc., Corpus Christi, Texas, to complete the improvements for the
Art Museum of South Texas, located in Council District 1, in an amount of
$843,755 with FY 2022 funding available from the Type A/B Sales Tax.
Sponsors: Engineering Services, Asset Management Department and Finance &
Procurement
7. 22-0490 Motion awarding a construction contract to Barcom Construction Inc. of
Corpus Christi, Texas, for rehabilitation of the O.N. Stevens Water
Treatment Plant (ONSWTP) Filter Building 1, located in Council District 1,
in an amount not to exceed $2,093,770, with FY 2022 funding available
from the Water Capital Fund.
Sponsors: Engineering Services, Water Utilities Department and Finance &
Procurement
General Consent Items
8. 22-0592 Resolution authorizing renewal of property insurance, including All Risk,
Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown
insurance, through Carlisle Insurance Agency, Broker of Record, for
upcoming policy year (May 5, 2022 - May 4, 2023) in exchange for annual
premium of$3,927,242.
Sponsors: Legal Department
J. RECESS FOR LUNCH
K. PUBLIC HEARINGS: (ITEMS 9 - 11)
9. 22-0601 Zoning Case No. 0322-02 Elizabeth and Edelmiro Garza: (District 1).
Ordinance rezoning a property at or near 11110 Interstate Highway 37
(AKA Up River Road) from the "RS-6" Single-Family 6 District to the
"CN-1" Neighborhood District. (Planning Commission and Staff
recommend denial and in lieu of a Special Permit)
Sponsors: Development Services
10. 22-0602 Zoning Case No. 0222-05, ERF Real Estate, Inc.: (District 2) Ordinance
rezoning property at or near 4130 South Alameda Street from the "RM-1"
Multifamily District and "RM-1/SP" Multifamily District with a Special Permit
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to the "CN-1" Neighborhood Commercial District. (Planning Commission
and Staff recommend Approval)
sponsors: Development Services
11. 22-0603 Zoning Case No. 0322-01, South Texas Rainbow Limited Partnership:
(District 5) Ordinance rezoning a property at or near 6626 Williams Drive
from the "CN-1" Neighborhood Commercial District to the "CN-1/SP"
Neighborhood Commercial District with a Special Permit. (Planning
Commission and Staff recommend Approval)
sponsors: Development Services
L. RECESS TO CORPORATION MEETING: (ITEM 12)
12. 22-0712 Special Board Meeting of the Corpus Christi Housing Finance Corporation
to consider a proposal to participate as General Partner in the Greenwood
Manor, LP and as ground lessor, to consider accepting a total of
$1,352,431 from the Corpus Christi Business & Job Development
Corporation (Type A) and Corpus Christi B Corporation (Type B), and to
consider making a loan of$481,483 from Corpus Christi Housing Finance
Corporation funds and $1,352,431 from the Corpus Christi Business & Job
Development Corporation (Type A) and Corpus Christi B Corporation
(Type B) to Greenwood Manor, LP. Greenwood Manor, LP will be the
ownership entity of ALMA at Greenwood a 152-unit affordable rental
housing project for households at or below 60 percent of the area median
income located on 10.554 acres on the southeast corner of Greenwood
Drive and Gollihar Road east of West Point Road.
sponsors: Neighborhood Services
M. RECONVENE COUNCIL MEETING:
N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 13 - 14)
13. 22-0713 Public Hearing and First Reading Ordinance approving a substantial
amendment to the City's FY 2018-2019 Consolidated Annual Action Plan
("CAAP") to reprogram $300,000 from the Community Development
Corporation of Brownsville homebuyer project under the HOME Investment
Partnerships Program ("HOME") to Greenwood Manor, LP's ALMA at
Greenwood affordable rental housing project under the HOME Program in
the City's FY 2021-2022 CARP. This ordinance also approves a
substantial amendment to the City's FY 2021-2022 CAAP to accept and
appropriate $751,373 in Program Income to Greenwood Manor, LP's
ALMA at Greenwood under the HOME Program.
sponsors: Neighborhood Services
14. 22-0708 Ordinance authorizing an affordable housing agreement for$160,560.00
between the Corpus Christi Business & Job Development Corporation
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(Type A) and the Corpus Christi Housing Finance Corporation and
authorizing an affordable housing agreement for$1,191,871.00 between
the Corpus Christi B Corporation (Type B) and the Corpus Christi Housing
Finance Corporation for the construction of ALMA at Greenwood a
152-unit affordable rental Housing project for households at or below 60
percent of the area median income located on 10.554 acres on the
southeast corner of Greenwood Drive and Gollihar Road east of West
Point Road; appropriating $160,560.00 from unreserved fund balance of
the Business and Job Development Fund and $1,191,871.00 from the
unreserved fund balance of the Type B Affordable Housing Fund; and
amending the budget.
sponsors: Neighborhood Services
O. FIRST READING ORDINANCES: (ITEMS 15 - 19)
15. 22-0542 Zoning Case No. 0222-04, Exclusive Housing, LLC.: (District 2) Ordinance
rezoning property at or near 1333 Logan Avenue from the "RS-6"
Single-Family 6 District to the "RS-TF" Two-Family District. (Planning
Commission and Staff recommend Approval)
sponsors: Development Services
16. 22-0535 Ordinance amending the Unified Development Code to delegate approval
of wastewater lot or acreage fee exemptions to the Director of
Development Services.
sponsors: Development Services
17. 22-0540 Ordinance authorizing a Revocable Easement and a Temporary
Construction Easement with Kinder Morgan Tejas Pipeline LLC for 0.05
acres of revocable easement and a temporary workspace easement of
1.51 acres to realign a portion of an existing 24-inch pipeline that
transports natural gas, gaseous products, crude oil and other hydrocarbons
or minerals in liquid or gaseous form on City owned property, operated by
Solid Waste Department, located at the intersection of County Road 20
and County Road 57, appropriating $11,200 into the City's Solid Waste
Operating Fund and reimbursent to LA Farms in an amount of$2,764 from
Solid Waste Operating Fund for crop damages.
sponsors: Engineering Services
18. 22-0593 Ordinance authorizing a Wastewater Trunk Line Construction and
Reimbursement Agreement with Braselton Development Company, Ltd. to
construct off-site wastewater trunk line improvements for a planned
residential subdivision within the city limits, London Towne Unit 6, with a
completion date of 24 months; and appropriating $82,935.48 from the
Wastewater Trunk System Trust Fund to reimburse the developer per the
agreement. (District 3)
sponsors: Development Services
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19. 22-0595 Ordinance authorizing a Wastewater Trunk Line Construction and
Reimbursement Agreement with Braselton Development Company, Ltd. to
construct off-site wastewater trunk line improvements for a planned
residential subdivision within the city limits, London Towne Unit 7, with a
completion date of 24 months; and appropriating $110,296.96 from the
Wastewater Trunk System Trust Fund to reimburse the developer per the
agreement. (District 3)
sponsors: Development Services
P. BRIEFINGS: (ITEM 20)
20. 22-0658 Corpus Christi Regional Economic Development Corporation (CCREDC)
Quarterly Update to City Council (the first quarter of Calendar Year 2022).
sponsors: Economic Development
Q. EXECUTIVE SESSION: (ITEMS 21 -22)
21. 22-0741 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 the Texas Pollutant
Discharge Elimination System permit process, Texas laws and rules of the
Texas Commission of Environmental Quality, Texas Water Development
Board, State Water Implementation Fund for Texas, and the U.S.
Environmental Protection Agency related to funding for water treatment
plants, desalination plants, discharge permits, intake permits, desalination,
and other permits related to water treatment, and administrative
procedures related thereto.
22. 22-0758 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 Participation
Agreement(s) for Oversizing Streets and Drainage Crossing per UDC §
8.4 with MPM Development LP, reimbursement obligations related thereto,
construction requirements in said participation agreement(s), requested
changes thereto, and City standards relating to the construction of streets,
and pursuant to Texas Government Code § 551.072 to deliberate the
exchange or value of real property (including, but not limited to, streets to
be dedicated to the City in the Kings Landing Subdivision) because
deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person.
R. ADJOURNMENT
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City of Corpus Christi 1201 Leopard Street
/ Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday,April 12,2022 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Paulette M. Guajardo to call the meeting to order.
Mayor Guajardo called the meeting to order at 11:36 a.m.
B. Invocation to be given by Pastor David Bendett, Rock City Church.
Pastor David Bendett, Rock City Church, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Mia Ortiz, Miller High School Student.
Mia Ortiz, Miller High School Student, led the Pledge of Allegiance to the Flag of the
United States of America and to the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
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 Huerta
Note: Council Member Smith arrived at 11:50 a.m.
Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council
Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and
Council Member Greg Smith
E PUBLIC COMMENT
Mayor Guajardo opened the public comment period.
Jack Gordy, 4118 Bray Dr., spoke regarding being over charged for a copy of a DVD.
The following citizens spoke in opposition to Item 6: Christopher Phelan, 3806 Kingston
Dr.; Peggy Duran, 4022 Congressional Dr.; Chloe Torres, 5430 Saratoga Blvd.; and
Elida Castillo, 131 Lerdo St.
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Keith Hanson, 331 Graham Rd., spoke in opposition to Item 4.
Adam Rios, 901 Upper Broadway, spoke regarding skate park repairs.
The following citizens submitted written public comments which are attached to the
minutes: Scotsy Thompson, 12412 Natal Plum Dr.; Saskia Short, 15118 Reales Dr.;
Jennifer Seymour, 13942 Flintlock Dr.; Sierra Treanot, 16110 Broomsedge St.; Kacie
Kirkpatrick, 14709 Dasmarinas Dr.; Holly Edwards, 14957 Canadian Mist Dr.; and Eli
McKay, 1008 Marguerite St.
F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
Mayor Guajardo referred to City Manager's comments.
a. Introduction of New Parks & Recreation Director, Robert Dodd
City Manager Zanoni introduced the new Parks and Recreation Director Robert Dodd.
Mr. Dodd will focus on team building, youth leadership, and is goal oriented.
b. Oso Water Reclamation Plant Headworks and Lift Station Project Update
City Manager Zanoni reported that a ribbon cutting ceremony will be held on April 18th for
the Oso Water Treatment Plant Headworks and Lift Station Project. The average daily
treatment amount is 12 million gallons a day of wastewater.
C. Community Health Fair Re-Cap
City Manager Zanoni provided a recap on the Community Health Fair that was held on
April 7th. Services included vaccinations, health screenings, lab work, vital records, and
WIC nutrition program.
d. Acknowledgement of City Team members participating in Process Improvement
Training (Lean Six Sigma)
City Manager Zanoni recognized the 16 City employees who are participating in the
Process Improvement Training.
G. BOARD &COMMITTEE APPOINTMENTS:
1. 22-0646 Airport Board (3 vacancies)
Animal Care Advisory Committee (6 vacancies)
Arts & Cultural Commission (1 vacancy)
Board of Adjustment (7 vacancies)
Island Strategic Action Committee (7 vacancies)
Mayor Guajardo referred to Item 1.
Airport Board:
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Kusumakar Sooda (Reappointed)
Rosie G. Collin (Appointed)
Rick Barrera (Appointed)
Animal Care Advisory Committee:
Reappointments: Jarvis J. Amaya (Community At-Large); and Deborah Shores
(Veterinarian)
Appointments: Ronald S. Smith (Community At-Large); Lynn A. Valley (Community
At-Large); Tambi Parker (Animal Welfare); and Curtis Speed (Animal Shelter)
Arts & Cultural Commission:
Sylvia Campos (Appointed to Public Art/Public Space)
Board of Adjustment:
Reappointments: Ricardo D. Barrera, Jr. (Regular); and Gordon Robinson (Regular)
Appointments: Carol Hayden (Regular); Mohan Mathew (Regular); Priscilla San Miguel
(Regular); Brandon Crowson (Alternate); and Robert Reyna (Alternate)
Island Strategic Action Committee:
Reappointments: Roy D. Coons (At-Large); Charles F. Duffley (Developer); Eric L.
Evans (Commercial Property Owner); and Melanie Salinas ( At-Large)
Appointments: Robert J. Corbett (Padre Isles Property Owners Association); Meagan E.
Furey (Padre Island Business Association); and Craig Thompson (Professional
Engineer)
I. CONSENT AGENDA: (ITEMS 2 - 16)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda and asked if a Council Member would
like to pull an item for individual consideration. Council Members requested that Items 4,
6 and 16 be pulled for individual consideration.
A motion was made by Council Member Martinez, seconded by Council Member Lerma
to approve the Consent Agenda with the exception of Items 4, 6 and 16. The motion
carried by the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
2. 22-0647 Approval of the March 29, 2022 Regular Meeting Minutes and April 1, 2022
Special Meeting Minutes.
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The Minutes were approved on the consent agenda.
Consent-Second Reading Ordinances
3. 22-0404 Zoning Case No. 0222-01, Thanksgiving Homes: (District 2) Ordinance rezoning
property at or near 1422 Shely Street from the "CG-2" General Commercial
District to the "RS-TH" Townhouse District. (Planning Commission and Staff
recommend Approval).
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032718
4. 22-0406 Zoning Case No. 0222-03, Graham Office, LLC.: (District 4) Ordinance rezoning
property at or near 202 Graham Road from the "I H" Heavy Industrial District to
the "RV" Recreational Vehicle Park District. (Planning Commission and Staff
recommend Approval).(Tabled April 12, 2022)
Mayor Guajardo referred to Item 4.
Staff requested that this item be postponed until April 19, 2022.
5. 22-0405 Zoning Case No. 0222-02, SCI Wireless & Tillman Infrastructure: (District 2)
Ordinance rezoning property at or near 5007 Everhart Road from the "CN-1"
Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial
District with a Special Permit. (Planning Commission and Staff recommend
Approval)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032719
6. 22-0485 Ordinance disannexing a 75.58-acre tract from a 114.8-acre continuous parcel
of land currently divided by the City limit boundary; amending the boundaries of
Industrial District No. 2 to include the disannexed area; and approving Industrial
District Agreement No. 110B with Bootstrap Energy LLC.
Mayor Guajardo referred to Item 6.
Council Member Lerma made a motion to table this item until April 19, 2022, seconded
by Council Member Pusley. The motion failed.
Council Member Barrera made a motion to approve the ordinance, seconded by Council
Member Hunter. This Ordinance was passed on second reading and approved with the
following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Nay: 1 - Council Member Lerma
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Abstained: 0
Enactment No: 032720
7. 22-0509 Ordinance authorizing acceptance and appropriation of a donation in the amount
of$100,000 from NextEra Energy and authorizing the City of Corpus Christi Gas
Department to provide gas pipe plumbing services to eligible low-income city
residents.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032721
Consent- Contracts and Procurement
8. 22-0234 Motion authorizing a two-year service agreement with one two-year extension
option with Miguel Hernandez Jr., dba Universal Tool and Die, of Corpus Christi
for an amount not to exceed $289,650.00, and a potential amount of
$577,400.00 if option period is exercised for fabrication, welding, and repair
services for the Utilities Department, effective upon issuance of a notice to
proceed, with FY 2022 funding in the amount of$84,500.00 available through the
Wastewater Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-048
9. 22-0284 Motion authorizing a one-year service agreement with two one-year options with
Beck Bros., Inc., of Beeville, in an amount not to exceed $76,439.90, and a
potential amount not to exceed $229,319.70 if option periods are exercised, for
13 gate replacements at Mary Rhodes Pipeline (MRP) easements, for the Water
Utilities Department, with FY 2022 funding of$38,219.95 available from the
Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-049
10. 22-0419 Motion authorizing a three-year service agreement with Highway Barricades and
Services, LLC of Corpus Christi, in the amount of$200,000 for FY 2022 and not
to exceed $1,627,440.00, to provide traffic control services for the Public Works
Department, with FY 2022 funding available from the Street Maintenance Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-050
11. 22-0420 Motion authorizing an 18-month service agreement for the purchase and
installation of two Dataire Computer Room Air Conditioners (CRAC) Units, with
Scott Electric Company of Corpus Christi, for$104,626.00, with FY 2022
funding available from the Information Technology Fund.
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This Motion was passed on the consent agenda.
Enactment No: M2022-051
12. 22-0421 Motion authorizing a one-year service agreement with GTS Technology
Solutions, Inc., of Austin, Texas, for datacenter computer flooring replacement, in
an amount of$87,926.85, effective upon issuance of a notice to proceed with FY
2022 funding available in the Information Technology Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-052
13. 22-0478 Resolution authorizing the acquisition of 27 vehicles and equipment by various
departments, of which 23 units will be outright purchases and 4 units will be
lease purchases through JP Morgan, for a total of$3,893,318.54, with such
items to be acquired in the manner, at the amounts, and from the sources stated
with FY 2022 funding in the amount of$2,545,101.63.
This Resolution was passed on the consent agenda.
Enactment No: 032722
14. 22-0548 Motion authorizing a three-year service agreement with Coastline Refrigeration
and Service, LLC of Corpus Christi for a total amount not to exceed $
1,686,033.00 for heating, ventilation, and air conditioning (HVAC) preventative
maintenance and repairs for Asset Management to 51 City facilities, with FY
2022 funding in the amount of up to $281,005.00 available from the Facility
Management and Maintenance Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-053
General Consent Items
15. 22-0694 Resolution authorizing the submission of a grant application for funding under the
U.S. Department of Transportation for funding from the Rebuilding American
Infrastructure with Sustainability and Equity (RAISE) Grant Program in the
amount of$23,900,000.00, with a City cash match of$6,725,000.
This Resolution was passed on the consent agenda.
Enactment No: 032723
16. 22-0604 Motion authorizing an amendment to the Development Reimbursement
Agreement with South Padre Investment, Inc., located in Tax Increment
Reinvestment Zone No. 5, to extend the project start deadline from April 30,
2022, to April 30, 2024, and extend all other milestones for additional two years.
Mayor Guajardo referred to Item 16.
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A Council Member and Director of Finance Heather Hurlbert discussed the following
topics: the developer would like to delay this project because of the rising interest rates
and supply chain issues; and this will not affect the financing plan.
Council Member Pusley made a motion to approve the motion, seconded by Council
Member Hunter. This Motion was passed and approved with the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
Enactment No: M2022-054
J. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:39 p.m. Executive Session
Items 26-28 were held during the lunch recess. Mayor Guajardo reconvened the meeting
at 3:13 p.m.
K. PUBLIC HEARINGS: (ITEMS 17 - 19)
17. 22-0542 Zoning Case No. 0222-04, Exclusive Housing, LLC.: (District 2) Ordinance
rezoning property at or near 1333 Logan Avenue from the "RS-6" Single-Family
6 District to the "RS-TF" Two-Family District. (Planning Commission and Staff
recommend Approval)
Mayor Guajardo referred to Item 17.
Director of Development Services Al Raymond presented information on the following
topics: zoning pattern and adjacent development; property background; public
notification; and staff analysis and recommendation.
Council Members, Director Raymond and Administrator of Development Services
Andrew Dimas discussed the following topics: the remodeling permit will allow the owner
to upgrade his home; a Council Member's concern about the quality of the construction; if
this request is denied, then the owner will not be able to renovate the outside of his home
legally; and a Council Member's request for more information on the scope of the project.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Molina made a motion to table the ordinance until April 19, 2022,
seconded by Council Member Hernandez. This Ordinance was tabled with the following
vote:
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Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Nay: 1 - Council Member Lerma
Abstained: 0
18. 22-0535 Ordinance amending the Unified Development Code to delegate approval of
wastewater lot or acreage fee exemptions to the Director of Development
Services.
Mayor Guajardo referred to Item 18.
Council Member Pusley made a motion to approve the ordinance, seconded by Council
Member Barrera.
Council Members and Director of Development Services Al Raymond discussed the
following topics: a Council Member's concern about giving staff authority to exempt
wastewater fee payments and issue refunds; and the purpose of this item is to
streamline the process.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Smith made a motion to table the ordinance to no specific date,
seconded by Council Member Hernandez. This Ordinance was tabled with the following
vote:
Aye: 6- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member
Martinez, Council Member Molina and Council Member Smith
Nay: 3- Council Member Barrera, Council Member Lerma and Council Member Pusley
Abstained: 0
19. 22-0536 Ordinance adopting text amendments to the Unified Development Code (UDC)
to adjust requirements for Master Preliminary Plats, and platting regulations
regarding expirations and extensions.
Mayor Guajardo referred to Item 19.
Director of Development Services Al Raymond presented information on the following
topics: master preliminary plats; time extensions; and planning commission and staff
recommend approval.
Council Members and Director Raymond discussed the following topics: the elimination
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City Council Meeting Minutes April 12,2022
of dimensions is only for the preliminary plat.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Lerma made a motion to approve the ordinance, seconded by Council
Member Smith. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
L. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 20)
20. 22-0614 Resolution by the City Council of the City of Corpus Christi, Texas, authorizing
and approving publication of Notice of Intention to issue not more than
$21,000,000 in one or more series of Certificates of Obligation for certain facility
construction and capital improvements; consistent with the FY 2022 City Council
Approved Capital Budget with the exception of$2,000,000 for the Health District
building on Horn Road; complying with the requirements contained in Securities
and Exchange Commission Rule 15c2-12; and providing an effective date.
Mayor Guajardo referred to Item 20.
Director of Finance Heather Hurlbert presented information on the following topics: steps
for issuance; and project funded with Certificates of Obligation.
Council Members and Director Hurlbert discussed the following topics: a Council
Member believes that this item should go through a bond election for voters to approve;
funds for this project will be available by July; and if this project is delayed, then taxpayers
could end up paying more.
Mayor Guajardo opened public comment.
There were no comments from the public.
Council Member Barrera made a motion to approve the resolution, seconded by Council
Member Molina.
Council Member Barrera made a motion to amend Exhibit A, Notice of Intention, to
change the amount from $29,200,000 to $33,837,493, seconded by Council Member
Molina and passed with the following vote: Mayor Guajardo, Council Members Barrera,
City of Corpus Christi Page 9 Printed on 411512022
City Council Meeting Minutes April 12,2022
Hunter, Lerma, Martinez, Molina, Pusley and Smith-voting yes; and Council Member
Hernandez-voting no.
Council Member Barrera made a motion to approve the resolution as amended,
seconded by Council Member Molina. This Resolution was passed as amended and
approved with the following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Nay: 1 - Council Member Hernandez
Abstained: 0
Enactment No: 032724
M. FIRST READING ORDINANCES: (ITEMS 21 -22)
21. 22-0507 Ordinance abandoning and vacating an 80.00-foot-wide by approximately
1761.00 feet long (3.0633 Acres) portion of an existing 80.00-foot-wide
drainage easement out of Bohemian Colony Lands, Section 7, Lot 6, located at
1802 Lands Road, conditioned on the dedication of a replacement easement.
Mayor Guajardo referred to Item 21.
Director of Development Services Al Raymond presented information on the following
topics: vicinity map; aerial overview; and staff recommends approval.
Mayor Guajardo opened public comment.
There were no comments from the public.
A Council Member and Director Raymond discussed the following topics: the developer
will pay for the drainage easement.
Council Member Barrera made a motion to approve the ordinance, seconded by Council
Member Hunter. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
22. 22-0578 Ordinance approving Amended and Restated Addendum No. 1 to Lease
Agreement with Corpus Christi Baseball Club, L.P., which provides for an
increase of$374,200.00 in Type A funding on a reimbursement basis, to make
certain capital improvements to the Whataburger Field property in accordance
City of Corpus Christi Page 10 Printed on 411512022
City Council Meeting Minutes April 12,2022
with Major League Baseball Requirements; and amending the operating budget.
Mayor Guajardo referred to Item 22.
Mayor Guajardo opened public comment.
There were no comments from the public.
Council Members, Director of Finance Heather Hurlbert and General Manager of Corpus
Christi Hooks Brady Ballard discussed the following topics: whether the City is getting
anything in return for this investment; and if improvements are not made to the facility,
then it would be out of compliance with Mayor League Baseball regulations, and the
Hooks would not be able to play here.
Council Member Hunter made a motion to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
N. BRIEFINGS: (ITEMS 23 - 25)
23. 22-0657 Presentation and Briefing on the Whitecap Preserve Development, Proposed
Public Improvement District and Requested Financing Structure
Mayor Guajardo referred to Item 23.
Assistant City Manager Andrea Gardner provided a recap on the Whitecap Preserve
Development.
Developer with Ashlar Development Steve Yetts, Vice President with LJA Engineering
Jeff Coym and Senior Vice President with Ashlar Development Dan Hatten presented
information on the following topics: project team; a new landing for entertainment,
shopping, hospitality and public engagement; sustainably designed, diverse and
welcoming community; project approach and guiding principles; context and site location;
conceptual master plan-March 2022; proposed hospitality, mixed use and retail; water
quality and flow-today; water quality and flow Park Road 22 bridge opening; water quality
and flow-with Whitecap preserve; proposed parks, green spaces and soft edges;
development phases-March 2022; community inspirations-connected by water; character
images-parks and green space; public financing proposal-request; public financing
proposal-benefits; public financing benefits; Ashlar-public financing experience; and
closing remarks and next steps.
Council Members, Assistant City Manager Gardner, Mr. Yetts, Mr. Coym, Mr. Hatten and
City of Corpus Christi Page 11 Printed on 411512022
City Council Meeting Minutes April 12,2022
Attorney representing Ashlar Development Misty Ventura discussed the following topics:
in response to a Council Member's question regarding the $15M taxpayer investment in
the water exchange bridge, developers are planning for boat mobility, but also for golf
carts and pedestrians on both sides; there are no off site utility improvements; in
response to concerns about water quality and velocity in the canals, Dr. Chris Reed was
hired to do hydrodynamic surveys to address this issue; the Encantada Bridge has water
exchange but no boat mobility; the Whitecap Bridge allows boat mobility and water
circulation; the Commodores Bridge will allow boat mobility and water exchange out to
Marker 37; there will be sections where the public can launch kayaks; the entire site will
be graded and the canals will be built during phase 1; financing estimates are still being
determined; Public Improvement Development (PID) funding will help reimburse for the
cost of streets, canals, bulk heading, and utilities; the community has the opportunity to
pay for maintaining the bulkheads; the PID is created by the Council and can only be
dissolved by petition of property owners and action of Council; the term of the PID will
exist based on the community's demand, possibly 30 years; and a Planned Unit
Development (PUD) in phase 1 allows the developer to do slight zoning variances.
24. 22-0659 Developing Our Future: Corpus Christi Master Planning and Impact Fee Study
Update Briefing
Mayor Guajardo referred to Item 24.
Director of Development Services Al Raymond presented information on the Master
Planning & Impact Fee Study Update: how did we get here; master planning and impact
fee study contract; Capital Improvement Advisory Committee; progress update;
developing our future Corpus Christi; what is this project; why is this project needed;
solving the funding issue; what is the benefit to Corpus Christi; does the community have
say; and project schedule.
Council Members and Director Raymond discussed the following topics: the impact fees
will be developed based on the Capital Improvement Plan.
25. 22-0671 Overview of Greenwood Manor Low-Income Housing Tax Credit project involving
the Corpus Christi Housing Finance Corporation
Mayor Guajardo referred to Item 25.
Assistant Director of Neighborhood Services Jennifer Buxton presented information on
the following topics: ALMA at Greenwood; financing; loans to Greenwood Manor, LP;
general partner; and timeline.
Council Members, Assistant Director Buxton and City Manager Peter Zanoni discussed
the following topics: funds in the Housing Finance Corporation account can be used for
future affordable housing projects; in response to a Council Member's question regarding
collecting on cash flow loans, staff stated that there have not been any issues with
collecting on rental projects; and payments are deferred for 15 years at 3% until there is
cash flow to repay it.
City of Corpus Christi Page 12 Printed on 411512022
City Council Meeting Minutes April 12,2022
O. EXECUTIVE SESSION: (ITEMS 26 -28)
Mayor Guajardo referred to Executive Session Items 26-28. The Council went into
Executive Session at 1:39 p.m. The Council returned from Executive Session at 3:13
p.m.
26. 22-0705 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 Section 6.5 of the City of Corpus
Christi Uniform Development Code concerning Air Installation Compatible Use
Zones, 14 CFR Parts 77 & 150, APZ compatible use guidelines, zoning,
platting, permitting, other land use controls and recently submitted plats and site
plans related to the aforesaid matters.
This E-Session Item was discussed in executive session.
27. 22-0709 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 contract(s) for the purchase of
management services and related services for the American Bank Center and
Chapters 252 and 271 of the Texas Local Government Code.
This E-Session Item was discussed in executive session.
28. 22-0710 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 the Corpus Christi Health
Department Building premises at 1702 Horne Road, Texas Local Government
Code Chapters 252 and 271, statutory requirements related to construction
contracts, renovation, repairs, and purchasing and pursuant to Texas
Government Code § 551.072 to deliberate the purchase, exchange, lease, or
value of real property (including, but not limited to, property rights at or in the
vicinity of the aforementioned location[s]) because deliberation in an open
meeting would have a detrimental effect on the position of the governmental
body in negotiations with a third person.
This E-Session Item was discussed in executive session.
P. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 5:00 p.m.
City of Corpus Christi Page 13 Printed on 411512022
WrittenPublicComment 4-12-2022
1 ®/ Public Comment&Input Form
Date of Meeting 4/12/2022
Name Scotsy Thompson
Street Address:12412 Natal Plum
Address City:Corpus Christi
State/Province:Tx
Postal/Zip Code:78418
Topic Whitecap Preserve
Agenda Item Number 0
If reference to the"Whitecap Preserve Project"being built where the old Schlitterbahn was located I highly disapprove of the new
"residence"area being added. I live on the Island&we don't need a huge area of new residences. People need to buy what is
available first. We don't need to bring the Island up to the 21st century crowding us with more people on the beaches, in the
grocery stores,&restaurants! Do you live on the Island? Things have gotten more crowded the last several years! The growth
Describe Feedback: needs to slow down not speed up. We don't want to be another Port Aransas or S.Padre Island. We have a smaller community
atmosphere&it's great as it is! I say no to the huge influx of people this will bring!Fix what is already here!We need our roads
totally redone&the JFK bridge fixed so we don't have to live with the repairs again for many years. We need our parks made over
too! Maybe adding the new park in the Schlitterbahn area would be a nice addition!
Provide an email to receive a
v@�
copy of your submission. Scots vtc.com
2 !/ Public Comment&Input Von e=,
Date of Meeting 4/12/2022
Name Saskia Short
Street Address:15118 reales drive
Address City:Corpus christi
State/Province:Texas
Postal/Zip Code:78418
Topic Whitecap preserve on NPI
Agenda Item Number General comment
I am opposed to this project.It will harm so much of our wildlife and contribute to poor water quality over time.It will make our
Describe Feedback: waters polluted and unsafe to be in.The island cannot handle such a massive influx of people.It will make a very negative impact
and our barrier island cannot handle it.Please please don't allow this project to start.
Provide an email to receive a
sasnbuas@stx.rr.com
copy of your submission.
3 !B Public Comment&Input Form
Date of Meeting 4/12/2022
Name Jennifer Seymour
Street Address:13942 Flintlock
Address City:Corpus Christi
State/Province:TX
Postal/Zip Code:78418
Topic Whitecap Development
Agenda Item Number
I worry the infrastructure of the Island is inadequate for this type of development.Traffic is already an issue here.Sewer is already
Describe Feedback: issue.Clean drinking water is already issue.The amount of sand that would be kicked up and blown into the existing homes around
the proposed development would need to be addressed aswell.There would need to dedicated turning lanes.The schools would
need more funding to handle the amount of new families in the area.
Provide an email to receive a seymourstvle(c@gmail.com
copy of your submission.
Written Public Comment 4-12-2022
1 !® Public Comment&Input Form
Date of Meeting 4/12/2022
Name Sierra Treanot
Street Address:16110 broomsedge st
Address City:Corpus christi
State/Province:Tx
Postal/Zip Code:78418
Topic Reinvestment zone 2
Agenda Item Number Public comment
Please reconsider the development to padre island at whitecap.This would ruin the island and put a huge strain on traffic and the small
charter school we have grown to adore.It's so rare to find a place like this and of you take that away it leaves no room for our children to
Describe Feedback: enjoy the island the way I did.This breaks my heart.We have such a huge traffic problem already and this will make it much worse.None of
this is my opinion,but rather facts.You must decide if the developers money matters more than the families that grew up here.Please
reconsider this one and let's work together to find an alternative.Otherwise I'm finding another oasis to call home.
Provide an email to
receive a copy of your Sierra.treanor@g.austincc.edu
submission.
2 !/ Public Comment&Input Form
Date of Meeting 4/12/2022
Name Kacie Kirkpatrick
Street Address:14709 dasmarinas
Address City:Corpus Christi
State/Province:TX
Postal/Zip Code:78418
Topic Whitecap Preserve Development
Agenda Item Number 22-0657
We own a home on Dasmarinas directly across from"phase 1"development.We have a list of concerns on how this will impact wildlife and
residents on the island.
We would like a risk assessment on how the storm surges will impact our property as a result from opening up all the canals and allowing
Describe Feedback: more water to flow in.We are concerned about increasing traffic on and off the island due to one bridge,causing delays in emergency
response and hurricane exits.A second bridge should be built before this project even begins.Schools are another major issue,as Seashore
Academy currently has a waitlist.With increased population,another school should be built before development.We are deeply concerned
and devastated for the wildlife losing their habitat and migratory nesting grounds directly in front of us for homes and canals to be built.The
Black Rail is a secretive marsh bird that recently listed in 2020 as near threatened.Monarch butterflies.Lastly,taxes increasing significantly.
Provide an email to
receive a copy of your kacie k mkavC@vahoo.com
submission.
3 !O Public Comment&Input Form
Date of Meeting 4/12/2022
Name Holly Edwards
Street Address:14957 Canadian Mist Dr
Address City:Corpus Christi
State/Province:TX
Postal/Zip Code:78418
Topic Whitecap Preserve
Agenda Item Number 22
As a resident of the island,I worry about infrastructure being able to handle the increased population.Right now,at times,there is low water
pressure.We have power outages.Our streets are in disrepair.The water pipes are old and have been bursting.During peak times the bridge
traffic gets backed up all the way to HEB(not counting construction).What is going to happen when there are more residents and tourists?
Describe Feedback: What if there's an emergency where the island needs to be evacuated?What if there's a hurricane starting as a Cat 2 and it changes last
minute to a Cat 5.It happened.Also,there needs to be clarification about this development.All the attractive amenities,will they just be for
that community,or the entire Island?They want tax dollars to help pay for this(TIRZ).Equivalent money that we pay in our taxes.We should
have equal benefits from our tax dollars.Before this project is approved,we need to focus on the present needs of the island,including a 2nd
bridge.
Provide an email to
receive a copy of your edwards.hollym@gmail.com
submission.
Sarah Brunkenhoefer
From: CitySecretary
Sent: Tuesday, April 12, 2022 9:22 AM
To: Sarah Brunkenhoefer
Subject: FW: [EXTERNAL]Public Input: 04-12-2022 - saskia short
FYI
From:Jotform <noreply@jotform.com>
Sent:Tuesday, April 12, 2022 9:10 AM
To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com>
Subject: [EXTERNAL]Public Input: 04-12-2022 -saskia short
[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a
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Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the
Helpdesk at 826-3766.
FIPublic Comment & Input 'i; .:; ,
Date of Meeting 04-12-2022
Name saskia short
Address Street Address: 15118 Reales Drive
City: Corpus Christi
State/ Province:TX
Postal/Zip Code: 78418
Topic Whitecap reserve Development
Agenda Item Number 22-0657
Describe Feedback: I have concerns about this project on how it will
impact our wildlife and residents.
I am concerned about the impact on our wildlife
losing their habitat and migratory nesting grounds.
The wildlife WILL look for other habitats, going
through our existing neighborhoods.This will mean
more interaction with humans and pets.
The Black Rail marsh bird - listed in 2020 as near
threatened.
1
Our monarch butterfly migrations will be impacted.
2nd concern is the increase of traffic and having
only 1 bridge, causing delays in emergency response
and hurricane evacuations.A second bridge should
be built to accommodate the increases, before this
project even begins.
3rd-Our taxes will increase significantly.
My ask BEFORE this project even begins
1.A risk assessment on how the storm surges will
impact properties from opening canals allowing
more water to flow in.
2. An assessment of how this will impact wildlife.
3.A build of a 2nd bridge to accommodate the
increase in population.
2
Sarah Brunkenhoefer
From: CitySecretary
Sent: Tuesday, April 12, 2022 10:44 AM
To: Sarah Brunkenhoefer
Subject: FW: Public Input: 04-12-2022 - Eli Mckay
FYI
From:Jotform <noreply@jotform.com>
Sent:Tuesday,April 12, 2022 10:36 AM
To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran<NormaD2@cctexas.com>
Subject: Public Input:04-12-2022 - Eli Mckay
[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a
password, username, payment or to take action from an email. When in doubt, please forward to
SecurityAlert@cctexas.com. ] J
F]Public Comment & Input Form
Date of Meeting 04-12-2022
Name Eli Mckay
Address Street Address: 1008 Marguerite St
City: Corpus Christi
State/Province:TX
Postal/Zip Code: 78401
Topic Crypto Mining
Agenda Item Number 6
Describe Feedback: Mayor, and city council. I am writing in today to
demand that you stop the Corpus Crypto Debacle.
Put the residents and voters over the special
interest groups y'all seem dead set on allowing to
ravage our resources.The decisions this council has
recklessly made will impact this city for
generations. Y'all have less than 7 months before
your terms are up. All I am asking is that you stop
doing the absolute worst for our city, and try
listening to your constituents. Stop acting like you
are experts,when the general public can see you're
clurless tools who won a popularity contest.
1
Provide an email to
receive a copy of your misselizabethmckay@gmail.com
submission.
z
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORP�g4 Public Hearing & First Reading for the City Council Meeting of 4/12/22
1852 Second Reading for the City Council Meeting of 4/19/22
DATE: March 11, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond(a)cctexas.com
(361) 826-3575
Text amendments to the Unified Development Code (UDC) concerning Master
Preliminary Plats and Platting Timeline Regulations
CAPTION:
Ordinance adopting text amendments to the Unified Development Code (UDC) to adjust
requirements for Master Preliminary Plats and platting regulations regarding expirations and
extensions.
SUMMARY:
As part of the continuous review of the Unified Development Code (UDC) and the implementation
of the Master Preliminary Plat process, the following amendments to the UDC are recommended.
BACKGROUND:
Master Preliminary Plats are used for phased developments and are conceptual. Amendments
to UDC Section 3.7.1 will eliminate the maximum acres required for master preliminary plats so
developers with greater acreage can develop under one master preliminary plat instead of
breaking the development up into multiple master preliminary plats.
UDC Section 3.7.1.8: Currently places acreage limitations on master preliminary plats.
UDC Amendment: Eliminates the acreage limitations of master preliminary plats which would
remove size limitations.
UDC Section 3.7.1.C: Currently requires the number of units to be listed on master preliminary
plats.
UDC Amendment: Striking the number of units requirement on master preliminary plats.
By eliminating lot lines and number of units, designers have greater flexibility in the layout of
master preliminary plats and would only be required to identify the use and density of residential
development.
UDC Section 3.8.5.F: Currently plats expire 6-months after approval by the Planning Commission.
The UDC authorizes the Planning Commission the ability to grant 6-month time extensions of
plats.
UDC Amendment: Increasing the amount of time from 6 months to 12 months of not only plat
expirations but also the period of time extensions will avoid the repetitive need for the issuance
of multiple time extensions. With the pandemic, supply chain issues, and seasonal wet weather,
developers are experiencing delays in their projects. This provides relief to developers by
changing the expiration of a plat from 6 to 12 months. Also, before a plat expires, developers
have an option to request an extension of 6 months. Augmenting the period to time granted by
an extension to 12 months will provide the sufficient time needed to complete the necessary steps
after Planning Commission approval to record the plat.
ANALYSIS AND FINDINGS:
Per §3.2.3 of the UDC, in determining whether to approve, approve with modifications, or deny a
proposed Unified Development Code text amendment, the applicable review bodies shall
consider the following criteria:
1. The amendment promotes the purpose of this Unified Development Code as established
in Section 1.2. The UDC was established to reflect the City's Comprehensive Plan and its
goal to improve and protect public health, safety, and welfare.
2. The amendment is consistent with the Comprehensive Plan.
3. The amendments are consistent with other codes and ordinances adopted by the City and
are otherwise internally consistent with other provisions of this Unified Development Code,
or that any provisions with which the amendments are or may be inconsistent also are
proposed to be modified. The effects of all such modifications shall meet the above criteria,
promote the public health, safety, and welfare, and be consistent with any applicable federal
and state requirements.
4. The fiscal impact on the City and the effect on taxpayers and ratepayers of the proposed
amendment.
The proposed text amendments do not conflict with existing language in the UDC nor the
Municipal Code. Additionally, the adoption of new state statues is directly linked to the third
condition of the review criteria listed above.
ALTERNATIVES:
Denial of an Ordinance of the City of Corpus Christi, Texas adopting text amendments to the
Unified Development Code (UDC).
FISCAL IMPACT: There are no fiscal impacts associated with this item.
RECOMMENDATION:
Planning Commission recommended approval on March 9, 2022. Staff recommends approval of
the text amendments to the UDC.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Ordinance adopting text amendments to the Unified Development Code
(UDC) to adjust requirements for Master Preliminary Plats and platting
regulations regarding expirations and extensions.
WHEREAS, the Planning Commission has forwarded to the City Council its final report
and recommendation regarding this amendment of the City's Unified Development Code(" UDC");
WHEREAS, a public hearing was held during a meeting of the Planning Commission when
said Commission recommended approval of the proposed UDC amendments, and with proper
notice to the public, an additional public hearing was conducted during a meeting of the City
Council, during which all interested persons were allowed to appear and be heard;
WHEREAS, amendments are to promote public safety, enhance quality of life through
visual relief and facilitate development and redevelopment; and
WHEREAS, the City Council has determined that this amendment to the UDC would best
serve the public's health, necessity, convenience and the general welfare of the City and its
citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and
correct and are hereby adopted as a part of this Ordinance.
SECTION 2. UDC Article 3 "Development Review Procedures", Section 3.7 "Master Preliminary
Plat", is amended by adding the following language that is underlined (added) and deleting the
language that is stricken (deleted) as delineated below:
3.7.1. Applicability
B. A master preliminary plat shall be required for any division of land where proposed
development of the tract is to occur in phases. Table 2_74 ec+ahfiches, the maximi im R-Umber of
Type of I'levelopment Afi_nw. Aures SubjeG t in Plat
SiRgle Family Desi derl#a
All Other Dec0yder141;;1 a„gg
N1ePrP5;MdeP4i Al Ap d Mixed use 4„49
C. Once a master preliminary plat has been approved, all preliminary and final plats approved
thereafter for the same land shall be consistent with the master preliminary plat for as long as
the master preliminary plat remains in effect. Minor variations, such as slight shifts in
e+street layouts, between the master preliminary plat and the subsequent plat applications
shall be permitted. However, in no case shall variations increase the intensity, density
ef s or impervious surface of the subject tract.
SECTION 3. UDC Article 3 "Development Review Procedures", Section 3.8 "Subdivision Plat
Review", Section 3.8.5 "Final Plat" is amended by adding the following language that is
underlined (added) and deleting the language that is stricken (deleted) as delineated below:
3.8.5.F Expiration
If improvements are not in place or construction initiated on said improvements within twelve
months of such plat approval, the final plat will expire, unless the improvements are secured by a
developer's financial guarantee. A final plat shall not expire if construction has been initiated and
substantial progress continues toward completion of the improvements. A determination that a
plat has expired as a result of insufficient progress may be appealed to the Planning
Commission within 30 days of notification that the plat has expired. An expired plat must be
resubmitted to Development Services for processing as a new plat. The applicant may submit a
written request for a time extension of 64 twelve months. Such request shall be submitted no later
than five business days prior to the last scheduled meeting of the Planning
Commission immediately prior to the date of the expiration of said plat. The fee for processing
such request is published in the Development Services fee schedule, set forth in Chapter 14 of
the Municipal Code.
SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or
provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this Ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full
force and effect for its purpose.
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, and Article 10 of the
UDC 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 2 of 3
That the foregoing Ordinance was read for the first time and passed to its second reading on this
day, the day of , 2022, by the following vote:
Paulette Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing Ordinance was read for the second time and passed finally on this day, the
day of 2022, by the following vote:
Paulette Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this day, the day of , 2022.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
Page 3 of 3
Text Amendments to the
Unified Development Code (UDC) concerning Master
Preliminary Plats and Platting Timeline Regulations
Public Hearing
City Council
April 12, 2022
Master Preliminary Plats
3.7.1 . Applicability
B. A master preliminary plat shall be required for any division
of land where proposed development of the tract is to occur in
phases. Table 3.7.1 establishes the maximum number
acres-that may he shieG�n�ster pFeliminary plat by typ@
of deyelepment
T-ah-le-3.7-4 h.4-axi'm-m-Aeres Subject to Plat
Type of Development nn-R., ner„s o uHj„et t,,Plat
Smngle [..mmly Rp.gO l...ton' 489
.A."Other Residential 0
4-98
Master Preliminary Plats
3.7.1 . Applicability
C. Once a master preliminary plat has been approved, all
preliminary and final plats approved thereafter for the
same land shall be consistent with the master preliminary
plat for as long as the master preliminary plat remains in
effect. Minor variations, such as slight shifts in l9t IiReS
e-r--street layouts, between the master preliminary plat and
the subsequent plat applications shall be permitted.
However, in no case shall variations increase the intensity,
density, number of units or impervious surface of the
subject tract.
Time Extensions
3.8.5.F. Expiration
If improvements are not in place or construction initiated on said improvements
within -sj* twelve months of such plat approval, the final plat will expire, unless
the improvements are secured by a developer's financial guarantee. A final plat
shall not expire if construction has been initiated and substantial progress
continues toward completion of the improvements. A determination that a plat
has expired as a result of insufficient progress may be appealed to the Planning
Commission within 30 days of notification that the plat has expired. An expired
plat must be resubmitted to Development Services for processing as a new plat.
The applicant may submit a written request for a time extension of twelve
months. Such request shall be submitted no later than five business days prior
to the last scheduled meeting of the Planning Commission immediately prior to
the date of the expiration of said plat. The fee for processing such request is
published in the Development Services fee schedule, set forth in Chapter 14 of
the Municipal Code.
Recommendation
Planning Commission and Staff
Recommend Approval of the proposed
text amendments to the UDC
SC
00
a� �h
AGENDA MEMORANDUM
NCORPOR 1'0 First Reading Ordinance for City Council April 12, 2022
zss2 Second Reading Ordinance for City Council April 19, 2022
DATE: March 09, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond(a-)cctexas.com
(361) 826-3276
Drainage Easement Closure for Lot 6, Section 7, Bohemian Colony Lands by MVR
Construction Company
CAPTION:
Ordinance abandoning and vacating an 80.00-foot-wide by approximately 1761 .00 feet
long (3.0633 Acres) portion of an existing 80.00-foot-wide drainage easement out of
Bohemian Colony Lands, Section 7, Lot 6, located at 1802 Lands Road, conditioned on
the dedication of a replacement easement.
SUMMARY:
The purpose of this ordinance is to close, abandon, and vacate an existing 80.00-foot-
wide by approximately 1761 .00 feet long (133,438 sq. ft.) portion of an existing 80.00-
foot-wide drainage easement for the development of Saratoga Downs Unit 4A consisting
of 3.0633 Acres. Saratoga Downs Unit 4A will develop 85 single family residential lots.
This closure is in anticipation of a new drainage right-of-way being dedicated to the City
of Corpus Christi by plat shown in Exhibit C and D on the approved preliminary plat of
Saratoga Downs Unit 4, a drainage easement dedication of 80.00-foot-wide by 1560.40
feet long (123,998 sq. ft) consisting of 2.84966-acres. The final plat has been submitted
for review.
BACKGROUND AND FINDINGS:
MVR Construction Company is requesting the closure of an 80-foot-wide existing
drainage right-of-way easement out of Lot 6, Section 7, Bohemian Colony Lands, a map
of which is recorded in the Deed associated with this drainage right-of-way recorded with
Nueces County in Volume 2024, Page 979 (2.266 Acres) and Volume 2024, Page 984
(3.0633 Acres). The property is zoned RS-4.5.
There are no reservations with any city departments. (i.e., storm water). The developer
will record the plat dedicating the new drainage easement to the city within 365 days of
the effective date of this ordinance.
ALTERNATIVES:
Deny the applicant's request and have the applicant redesign the project.
FINANCIAL IMPACT:
There are no financial impacts associated with the closing of the easement.
FUNDING DETAIL: N/A
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff supports the applicant's request for the easement closure. The closure of the
easement will support a future subdivision.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Location Map
Presentation
Ordinance abandoning and vacating an 80.00-foot-wide by approximately 1761.00
feet long (140,880 sq. ft.) portion of an existing 80.00-foot-wide drainage easement
out of Bohemian Colony Lands, Section 7, Lot 6, located at 1802 Lands Road,
conditioned on the dedication of a replacement easement.
WHEREAS, MVR Construction Company, (Owner) is requesting the closure,
abandonment and vacating of an 80.00 foot wide by approximately 1761 .00 feet long
(140,880 sq. ft.) portion of an existing 80.00-foot-wide drainage easement out of
Bohemian Colony Lands, Section 7, Lot 6.
WHEREAS, MVR Construction Company, (Owner) will deed a new drainage easement
of equivalent design and construction in accordance with standard details of the City of
Corpus Christi specified as an 80.00 foot wide by approximately 1560.40 feet long
(123,998 sq. ft.) drainage easement consisting of 2.84966 acres for Saratoga Downs Unit 4.
WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi
to abandon and vacate the 80.00 foot by approximately 1761 .00 feet long easement
portion, subject to 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 Corpus Christi Code Sec. 49.13, an existing an 80.00 foot wide
by approximately 1761 .00 feet long (140,880 sq. ft.) portion of an existing 80.00 foot
wide drainage easement as recorded in Volume 2024, Page 979 and Volume 2024, Page
984, and being out of Bohemian Colony Lands, Section 7, Lot 6, located at 1802 Lands
Road, as recorded in Volume A, Page 48, of the Map Records of Nueces County, Texas, is
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 the Owner of the property.
SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of
this ordinance is expressly conditioned upon the Owner's compliance with the
following requirements:
a. Upon approval by the City Council and issuance of the ordinance, all grants of
public easement 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. The owner will record a final plat dedicating a new 80-foot by 1560.40 feet
long drainage easement with equivalent design and construction required
by the city as shown in "Exhibit C", which is a metes and bounds
description and field
notes, "Exhibit D", which is a graphical representation of the legal, which are
attached to and incorporated in this ordnance by reference.
c. Failure to comply with all the conditions outlined in this Ordinance within 365
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 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
URBAN
ENGINEERING Job No.:4916.C1.02
January 5,2022
Exhibit A
3.0633 Acre
Drainage Easement Closure
STATE OF TEXAS
COUNTY OF NUECES
FIELDNOTES,for a 3.0633 Acres,Drainage Right-of-Way Closure,out of Lot 6,Section 7,Bohemian
Colony Lands,a map of which is recorded in Volume A,Page 48,Map Records of Nueces County,Texas,being
over and across a portion of a 34.96 Acre Tract,as described in a Correction Affidavit as to General Warranty Deed
from Zeba,LLC to MVR Construction Company,recorded in Document No.2021014902,Official Public Records
of Nueces County,Texas;Drainage Right-of-Way Closure being all of an 80 Foot Wide Drainage Right-of-Way,
in Volume 2024,Page 979,Deed Records of Nueces County,Texas and all of an 2.266 Acres of a 80 Foot Wide
Drainage Right-of-Way,recorded in Volume 2024,Page 984,of said Deed Records; said 3.0633 Acre, Drainage
Right-of-Way Closure being described by metes and bounds as follows:
Commencing,at a 5/8 Inch Iron Rod with a plastic red cap stamped"URBAN ENGR CCTX"Found,being
the South corner of Martin Street,a public roadway,and the East corner of the said 34.96 Acre Tract;
Thence,South 28°38'32"West,with the Southeast boundary line of the said 34.96 Acres,a distance of
97.71 Feet,to a 5/8 Inch Iron Rod with a cap stamped BASS&WELSH"Found,for the North corner of a 75 Foot
Drainage Right-of-Way,out of Lot 3,of the said Section 7,as described in a General Warranty Deed from Zeba,
LLC and Sea Builders, LLC to MVR Construction Company, recorded in Volume 2171, Page 144, said Deed
Records,East corner of this Closure and for the Point of Beginning;
Thence,South 28°38'32"West,with the common boundary line of the said 34.96 Acres Tract and the said
75 Foot Drainage Right-of-Way,a distance of 80.00 Feet,for a corner of this Closure;
Thence,North 61'18'50"West,over and across the said 34.96 Acres,a distance of 260.46 Feet,for a corner
of this Closure and the beginning of a circular curve to the Left, having a Delta of 33°22'12",with a Radius of
592.60 Feet,with an Arc Length of 345.14 Feet,and a Chord which bears North 77°59'56"West,340.28 Feet;
Thence,with the said circular curve to the Left,a distance of 345.14 Feet,for a comer of this Closure;
Thence,South 85°18'58"West,continuing across the said 34.96 Acres,a distance of 502.99 Feet, for a
corner of this Closure;
Thence,South 80°14'19"West, continuing across the said 34.96 Acres, 100.07 Feet, for corner of this
Closure and the beginning of a non-tangent curve to the Right,having a Delta of 48°19'43",with a Radius of 592.17
Feet,with an Arc Length of 499.49 Feet,and a Chord which bears North 44°02'04"West,484.81 Feet;
S:\Surveying\4916\C102E-Plat\Drainage-C1osure\EXA4916c102-.docxPage 1 of 2
OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145•TBPLS Firm#10032400
Thence,with the said non-tangent curve to the Right,a distance of 499.49 Feet,for a corner of this
Closure,to the common boundary line of a 0.876 Acres Tract out of the said Lot 6,and the said 34.96 Acres,for
the West corner of this Closure,from Whence,a 5/8 Inch Iron Rod with a cap stamped"BASS&WELSH"
Found,for a common corner of the said 0.876 and 34.96 Acres Tracts,bears,South 89'50'07"East, 14.04 Feet;
Thence,South 89'50'07"East,with the said common boundary line,86.06 Feet,for corner of this Closure
and the beginning of a non-tangent curve to the Left,having a Delta of 40'59'02",with a Radius of 512.17 Feet,
with an Arc Length of 366.36 Feet,and a Chord which bears South 43'39'43"East,358.60 Feet;
Thence,with the said non-tangent curve to the Left,a distance of 366.36 Feet,for a corner of this
Closure;
Thence,North 85'18'58"East,continuing over and across the said 34.96 Acres,598.75 Feet,for corner of
this Closure and the beginning of a circular curve to the Right,having a Delta of 33'22'12",with a Radius of 672.60
Feet,with an Arc Length of 391.73 Feet,and a Chord which bears South 77'59'56"East,386.22 Feet;
Thence,with the said circular curve to the Right,a distance of 391.73 Feet,for a corner of this Closure;
Thence, South 61'18'50"East,continuing over and across the said 34.96 Acre Tract,260.40 Feet,to the
Point of Beginning,containing 3.0633 Acres(133,438 Sq.Ft)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South
Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,
surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of tract described herein.
URBAN ENGINEERING
tis
bAN LEE UR8,4N
"p 4710 Dan L.Urban,R.P.L.S.
License No.4710
S:ASurveying\4916\C102E-Plat\Drainage-C1osureAEXA4916d02-.docx Page 2 of 2
OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm 9 145•TBPLS Firm 9 10032400
C 200 0 200 400
GRAPHIC SCALE
> 1'=200'
Secretariat Drive c
x7 21
POINT OF
� c
3��' 6 25 BS B5 16 21 28 29 30 31 32 33 34 35 31 31 38 39 40 41 42 43 44 45 46 COMMENCEMENT
O 5 UE 5
o,cs U Sorotogo Downs Unit 3
o _a 4 Vol. 69, Pgs. 475-476, f BEGINNING
o. v - Mnp Records of S61'18'50"E 2 0.4 !
a_ _a m 5 Nueces County, Texos C4 5.
y > z S2838'32"W 68.317 Acres
9 80.00' out of Lots 3 and 4,
as
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rte' �L'f o t0 CA Bohemlon oony Londs
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34.96 Acres o Per appraisai o�srrl,r)
out of Lot 6, Section 7 �wi
2> 2B 01 1 �.p Bohemion Colony Londs o=="
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aw 8p• `(,� ng� Map Records of Nueces County, Texos o�z Es
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de Quo �jy` (Own-MVR Construction Company) _�a a
22 'OB.9Tg9e qaW (Doc. No. 2021014902,0 R N C_T.) To V oa Lea en d:_
Lr RNCr c ° • 5/8" I.R. Found
Cit�tfcn a ?
ri 7, LINE 1 BEARING 1 DISTANCE `cam 0 1" LP. Found
L1 S2838'32"W 97.71 _ m`
L2 S80'14'19"W 100.07' o
54 a a� ..°,mom ue• 5/8" Iron Rod with red
�oL3 S89-50'07"E 14.04'
U d" a ro plostic cap stamped
CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH "URBAN ENGR CCTX" Found
C1 33'22'12" 59260' 3,fbA4' N77'S9'by W 340.28 � w'
° <_ vE• 5/8" Iron Rod with yellow
C2 48'19'43" 592.17' 499.49 N44-02'04"W 484.81'
o_`s d plostic cap stamped
C3 40'59'02" 512.17' 366.36' 5433943"E 358.60'
C4 33'22'12" 672.60' 391.73 577-59'56"E 386.22' — "VOSS ENG. RPLS 2293" Found
Exhibit B
General Notes ewe 5/8" Iron Rop with plostic
ketch t0 fACC0171p72 cop stomped "BASS AND
1, 3.0633 Acre Tract is located within the WELSH ENGINEERING" Found
FIELDNOTES for a 3.0633 Acres, Drainage Right—of—Way Closure, out of Lot City limits of Corpus Christi, Texas and a
6, Section 7, Bohemian Colony Lands, a map of which is recorded in subdivision based this
Volume A. Page 48, Map Records of Nueces County, Texas, being over and sketch/descrip Non may be in violation of
the current City of Corpus Christi
across a portion of a 34.96 Acre Tract, as described in a Correction subdivision ordinance. DATE: Jan 5, 2022
Affidavit as to General Warranty Deed from Zeba, LLC to MVR Construction uR�N SCALE: 1"=200'
Company, recorded in Document No. 2021014902, Official Public Records of 2. Grid Bearings and oistan�es mown JOB NO.: 4916.C1.02
Nueces County, Texas; Drainage Right—of—Way Closure being all of an 80 hereon are referenced to the Texas ENGINEERING
Foot Wide Drainage Right—of—Way, in Volume 2024, Page 979, Deed Records Coordinate system of 1983, Texas south SHEET: 1 OF 2
of Nueces County, Texas and all of an 2.266 Acres of a 80 Foot Wide zone 4205, and is based on the North ,,,,,,_,.'°a-w,' DRAWN BY: JAB
Drainage Right—of—Way, recorded in Volume 2024, Page 984, of said Deed American datum of 1983(2011) Epson urbansurveyl®urbaneng.com
Records. 02022 by Urban Engineering
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SCALE: N.T.S.
URBAN
ENGINEERING JOB NO.: 4916.C1.02
SHEET: 2 OF 2
DRAWN BY: JAB
urbansurveylOurbaneng.com
02022 by Urban Engineering
URBAN
ENGINEERING Job No.:4916.C1.02
January 5,2022
Exhibit C
2.8466 Acre
DrainalZe RijZht-of-Way
STATE OF TEXAS
COUNTY OF NUECES
FIELDNOTES, for a 2.8466 Acres, Drainage Right-of-Way, over and across Lot 6, Section 7,
Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces
County, Texas, being over and across a portion of a 34.96 Acre Tract, as described in a Correction
Affidavit as to General Warranty Deed from Zeba, LLC to MVR Construction Company, recorded in
Document No. 2021014902, Official Public Records of Nueces County, Texas; said 2.8466 Acres,
Drainage Right-of-Way being described by metes and bounds as follows:
Commencing, at a 5/8 Inch Iron Rod with a plastic red cap stamped "URBAN ENGR CCTX"
Found,being the South comer of Martin Street,a public roadway and,for the East comer of the said 34.96
Acre Tract;
Thence, South 28°38'32" West, with the Southeast boundary line of the said 34.96 Acres, a
distance of 97.71 Feet,pass a 5/8 Inch Iron Rod with a cap stamped"BASS & WELSH"Found, for the
North comer of a 75 Foot Drainage Right-of-Way, out of Lot 3,of the said Section 7, as described in a
General Warranty Deed from Zeba,LLC and Sea Builders,LLC to MVR Construction Company,recorded in
Volume 2171,Page 144, said Deed Records, in all a distance of 410.02 Feet, for the East comer of this
Drainage Right-of-Way and for the Point of Beginning;
Thence,South 28°38'32"West,with the commonboundary line of the said 34.96 Acres Tract and
the said 75 Foot Drainage Right-of-Way,a distance of 78.42 Feet, for the South comer of this Drainage
Right-of-Way;
Thence,North 61'48'07"West,over and across the said 34.96 Acres,a distance of 1560.40 Feet,
to the common boundary line of a 0.876 Acres Tract out of the said Lot 6,and the said 34.96 Acres,for
the West comer of this Drainage Right-of-Way;
Thence,North 28°37'41"East,with the said common boundary line,a distance of 24.73 Feet,to
a 5/8 Inch Iron Rod with a cap stamped"BASS&WELSH"Found,for a common comer of the said 0.876
Acre Tract and the said 34.96 Acre Tracts and for a comer of this Drainage Right-of-Way;
Thence, South 89°50'07" East, continuing with the said common boundary line, a distance of
276.10 Feet,to a 5/8 Inch Iron Rod with a cap stamped"BASS &WELSH"Found,for a common comer
of the said 0.876 Acre Tract and the said 34.96 Acre Tracts and for a comer of this Drainage Right-of-
Way;
S:\Surveying\4916\CI02E-Plat\Drainage-Dedication\EXA4916c102-2.84.docx Page 1 of 2
OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urban=z.co
TBPE Firm 4 145•TBPLS Firm 4 10032400
Thence,South 28°03'57"West,leaving the said common boundary line,a distance of 77.76 Feet,
for a East corner of this Drainage Right-of-Way;
Thence, South 61'52'32" East,over and across the said 34.96 Acre Tract, a distance of1316.94
Feet,to the Point of Beginning,containing 2.8466 Acres(123,998 Sq.Ft)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas
South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form,surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of tract described herein.
URBAN ENGINEERING
OF T�
DAN LEE URBAN
4710
R.
SIiR Dan L.Urban,R.P.L.S.
License No.4710
S:\Surveying\4916VC102E-PlatVDrainage-Dedication\EXA4916c102-2.84.docx Page 2 oft
OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.co
TBPE Firm 9 145 9 TBPLS Firm 9 10032400
400 _
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GRAPHIC SCALE
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o y Vol. 69, Pgs. 475-476,
o - Map Records of
�- Nueces County, Texas aw �—
m> z a 68.317 Acres
out of Lots 3 and 4,
P Section 7
Lo. a4C' r Bohemian Colony Lands
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out of Lot 6, Section 7 cap^'
Cit 4 tion �� s Bohemian Colony Lands ���o o uE• s/8" Iron Rod with red
r 4 o_ Vol. A, Pg. 48 plostic cap stamped
co _ Map Records of Nueces County, Texas a "URBAN ENGR CCTX" Found
sq (Owner.MVR Construction Company) c
No. 2 021 01 49 02, O.P.R.N.C.T.) a VE" 5/8" Iron Rod with yellow
plastic cop stomped
a "VOSS ENG. RPLS 2293" Founr
ew" 5/8" Iron Rop with plastic
cap stamped "BASS AND
WELSH ENGINEERING" Found
Exhibi,l General Notes.
Sketch t0 J
Accom an 2.8466 Acres Tract 1s located within the
AccompanyCity limits of Corpus Christi, Texos and o
FIELDNOTES, for a 2.8466 Acres, Drainage Right-of-Way, over and across subdi,ision Dosed this
Lot 6, Section 7, Bohemian Colony Lands, a map of which is recorded in sketch/description moy be inn violotio, of
the current City of Corpus Christi
Volume A, Page 48, Map Records of Nueces County, Texas, being over and DATE: Jan. 5, 2022
across a portion of a 34.96 Acre Tract, as described in a Correction subdi�is�on ordmonce.
UREUM SCALE: :"4916.
Affidavit as to General Warranty Deed from Zeba, LLC to MVR Construction 2. Grid 8eorings and oistonces shown JOB NO.: 4916.C1.02
Company, recorded in Document No. 2021014902, Official Public Records of hereon ore referenced to the Texas ENGINEERING SHEET' 1 OF 2
Nueces County, Texas. Coordinote system of 1983, Texos South ,o,,,,,�
zon 42 os, and bosed the North aA a .� DRAWN BY: JAB
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URBAN SCALE: N.T.S.
ENGINEERING JOB 4916.C1.02
SHEET.
2 OF 2
DRAWN BY: JAB
urbansurveyl®urbaneng.com
02022 by Urban Engineering
,M
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Easement Closure
3.0633 Acre Drainage Easement Closure Being out of Lot 6,
Section 7, Bohemian Colony Lands
City Council Presentation
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The applicant requesting the utility easement closure has
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closure request has been processed in accordance with
Section 49-13 of the City Code of Ordinances.
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v AGENDA MEMORANDUM
NIOHPOHPI First Reading for the City Council Meeting of April 12, 2022
1852 Second Reading for the City Council Meeting of April 19, 2022
DATE: March 16, 2022
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, CPA, CGFO, Director of Finance and Business Analysis
HeatherhHeatherh3�cctexas.com
361-826-3227
Whataburger Field Capital Improvement Project
CAPTION:
Ordinance approving Amended and Restated Addendum No. 1 to Lease Agreement with Corpus
Christi Baseball Club, L.P., which provides for an increase of$374,200.00 in Type A funding on
a reimbursement basis, to make certain capital improvements to the Whataburger Field property
in accordance with Major League Baseball Requirements; and amending the operating budget.
SUMMARY:
The purpose of this item is to approve the Amended and Restate Addendum No. 1 to the Lease
Agreement for Whataburger Field, which increases the Type A funding amount from $701,800.00
to $1,076,000.00 for improvements to the stadium property that will help bring the building into
compliance with Major League Baseball Standards, which includes Field Lighting, new Women's
Clubhouse, and renovations to the Visitors' Clubhouse.
BACKGROUND AND FINDINGS:
Since the 2021 season, MLB has operated as the new governing body overseeing minor league
baseball (also known as the Player Development League, or PDL). The previous governing body,
the National Association of Baseball, did not have facility standards in place. With the shift in
management, the MLB has created standards for minor league baseball facilities.
All 120 license holders (to include the Corpus Christi Hooks) are subject to the enhanced
standards to create a more consistent workplace environment across all of the minor league
teams. This standardization of facility assets also will attract longer term commitments from MLB
teams, reduce the potential for a minor league team to move markets, and stabilize the
professional baseball's footprint for long term community impact.
To measure facility compliance, the MLB has created a tiered grading scale that requires facilities
to achieve specific scores over a 3-year term.
• 2023 — 30 points or less
• 2024 — 20 points or less
• 2025 & beyond — 10 points or less
Recent renovations supported by Type A funding has helped Whataburger Field meet some of
the base measurements of this new grading scale. However, more investment is needed to bring
the Corpus Christi Hooks into compliance.
The total amount requested for these improvements to Whataburger Field, a City owned facility,
is for an amount not to exceed $1,076,000.00. At this time, funding totaling $701,800.00 was
allocated on August 30, 2021, for Whataburger Field improvement, and the scope of work will be
to upgrade the field lighting requirement, construct a new Women's Personnel Clubhouse, and
renovate the Visitor's Clubhouse.
The Fiscal Year (FY) 2021 contracts for the Small Business projects in the Type A Business and
Job Development Fund closed out in January 2022. The contracts returned $263,244 of unspent
funds to the fund balance in the Type A Business and Job Development Fund. These funds
helped to close the remaining funding gap of $374,200.00 for the Whataburger Field
improvements. At their March 21, 2022 Type A board meeting, the Type A Board approved a
motion to allocate additional funds in an amount not to exceed $374,200.00 for improvements to
Whataburger Field. This agenda item is needed to approve an amendment to the Lease
Agreement between the City of Corpus Christi and the Corpus Christi Baseball Club, L. P. and to
amend the City of Corpus Christi's FY 2022 operating budget to appropriate these funds in the
Type A Business and Job Development Fund.
ALTERNATIVES:
If the funding for these improvements is not supported, the PDL License holder shall be subject
to potential discipline from the MLB Commissioner. Punishments can include a fine not to exceed
$100,000 in the first year and fines more than $100,000 for subsequent non-compliance. The
ultimate penalty for continued non-compliance is potential loss of franchise license.
FISCAL IMPACT:
Funding for this project will be from Fund 1140 Business and Job Development Fund, the funding
source of the capital improvements. This item will increase Type A funding from $701,800.00 to
$1,076,000.00.
Funding Detail:
Fund: 1140 — Business & Job Development
Organization/Activity: 15010— Major Business Incentive Project
Mission Element: 707 — Economic Development
Project # (CIP Only): N/A
Account: 530000 — Professional Services
RECOMMENDATION:
Staff recommends approving the ordinance to approve $374,200.00 for capital improvements to
Whataburger Field and amending the operating budget.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Addendum No. 1 to Lease Agreement
PowerPoint— Scope of Work
Ordinance approving Amended and Restated Addendum No. 1 to Lease Agreement
with Corpus Christi Baseball Club, L.P., which provides for an increase of
$374,200.00 in Type A funding on a reimbursement basis, to make certain capital
improvements to the Whataburger Field property in accordance with Major League
Baseball Requirements; and amending the operating budget.
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and expanded
businesses enterprises within the City at a rate of one-eighth of a percent for 15 years;
WHEREAS, Proposition 2A on that same date, authorized "the use of a portion of
the sales and use tax for the construction, operation and maintenance of a minor league
baseball stadium;"
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1 , 2003, to be administered by the Corpus Christi Business and Job
Development Corporation Board ("Type A Board") and used to build and maintain
Whataburger Field in Corpus Christi;
WHEREAS, on October 18, 2021 , the Type A Board determined that it is in the best
interest of the citizens of the City that Type A sales tax funds be used to pay for a certain
public improvement, namely capital improvements at Whataburger Field (the "Project")
and voted to authorize the funds for this purpose, which Project was previously included
in the budget approved by City Council on September 7, 2021 ;
WHEREAS, on March 21 , 2022, the Type A Board approved an addition
$324,200.00 for the Project to allow the addition of improvements to the visitor's
clubhouse; and
WHEREAS, the Project is consistent with the purposes for which the Type A sales
tax was created and approved by the voters of the City;
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 $374,200.00 are appropriated from the Type A
Business and Job Development Fund No. 1140 for additional improvements to
Whataburger Field.
SECTION 3. That the FY2021-22 Operating Budget adopted by Ordinance No. 032539
is amended to increase expenditures by $374,200.00.
SECTION 4. That the City Manager or designee is authorized to execute the First
Amended and Restated Addendum No. 1 to the Lease Agreement with Corpus Christi
Baseball Club, L.P., which provides for Type A funding to increase the amount from
$701 ,800.00 to $1 ,076,000 on a reimbursement basis, to make certain capital
improvements to the Whataburger Field property in accordance with Major League
Baseball Requirements.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
I
1st AMENDED AND RESTATED ADDENDUM NO. 1 TO LEASE AGREEMENT WITH
CORPUS CHRISTI BASEBALL CLUB,L.P.
Whereas, on January 28, 2020, the City of Corpus Christi (herein referred to as "the City") and
Corpus Christi Baseball Club, L.P., a Texas Limited Partnership (herein referred to as "Lessee")
entered into the Second Amended and Restated Stadium Lease Agreement (herein referred to as
the "Lease")regarding Whataburger Field;
Whereas, the Lease authorized Lessee to make certain capital improvements to the Baseball
Stadium;
Whereas,the Lessee has proposed a capital improvement project to improve field lighting and the
women's personnel clubhouse (the"Project");
Whereas,the Corpus Christi Business and Job Development Corporation (the"Corporation") has
approved funding in the amount of$701,800.00 for the completion of the Project, which funding
will be transferred to the City for payment of the reimbursement under this Addendum;
Whereas, on March 21, 2022, the Corporation aproved an addition $374,200.00 for a total
amount of $1,076,000.00 for the completion of the Project, which funding will be transferred to
the City for payment of the reimbursement under this Addendum, and
Whereas, the intent of this addendum is to layout the responsibilities of each Party specifically
related to the Project.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Parties enter into this addendum, effective on the date of last signature, to authorize
the Project under the terms of the Lease.
2. City and Lessee agree that, in accordance with Sections 5.5 and 7.1 of the Lease and
according to state law, the City authorizes the Lessee to proceed with the Project, as more
fully described in Attachment A, which is attached hereto and incorporated by reference.
a. Proiect Completion.Lessee must cause the contractor to complete all work for the
Project within one year following the Effective Date of this addendum.Lessee shall
ensure that any contract with the engineer or architect for design includes the terms
on attached Attachment B. The specifications and contract terms for construction
must include terms outlined in attached and incorporated Attachment C. Lessee
shall be responsible to provide oversight and contract management services
including inspection services to verify work is timely and properly completed.
Lessee shall obtain all required City permits for the Project.
b. Ouarterly Updates. Lessee must provide quarterly updates on the Project to the
City in October, January, April, and July until final completion of the Project.
3. City will provide funding for the Project, up to $1,076,000.00 on a
reimbursement basis.
2
a. City Maximum Funding Amount. The Parties agree that the funding from the
City or Corporation required to complete the Project are not to exceed
$1,076,000.00 which is defined herein as the"City Maximum Funding
Amount." The City shall only be responsible for payments up to the City Maximum
Funding Amount for completion of the Project. Lessee agrees to be responsible for
payment of any costs which exceed the City Maximum Funding Amount.
b. Reimbursement Payments. The City will pay the City Maximum Funding
Amount to the Lessee in accordance with Section 7.4 of the Lease.
4. During the Project construction, City Director of Engineering Services and City Director
of Parks and Recreation, or their designees, have the right but not the obligation to inspect
the Project. Lessee agrees to timely resolve any issues identified by City staff that
represent non-conformance with the Project design and construction plans.
5. Indemnification. The Parties agree that Lessee's indemnification
obligations in the Lease apply to this project and that such obligations are
incorporated here by reference as if fully set out here in their entirety.
6. This addendum is governed by the terms and conditions of the Lease, as amended, and is
considered part of the Lease for all intents and purposes. Failure to comply with the terms
of this addendum may be considered Lessee or City Default in accordance with Article XI
of the Lease.
7. This addendum may be executed in multiple counterparts and all such counterparts will be
deemed one and the same agreement among the parties whether or not the signatures of all
parties appear on any given counterpart.
AGREED TO BY:
Corpus Christi Baseball Club,L.P.,
through its general partner, RSB Operations, LLC
By:
N. Reese Ryan, Member
Date:
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on by N. Reese Ryan, Member
of RSB Operations, LLC, as the general partner for Corpus Christi Baseball Club, L.P., on behalf
of said partnership.
Notary Public
3
CITY OF CORPUS CHRISTI
By:
Peter Zanoni, City Manager
Date:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on by Peter Zanoni as the City
Manager for the City of Corpus Christi, Texas a Texas municipality on behalf of said municipality.
Notary Public
Approved as to form:
By:
Assistant City Attorney Date
ATTACHMENT A—PROJECT DESCRIPTION
Lessee will provide construction improvements to the field lighting and the women's personnel clubhouse
in accordance with this Scope of Work and the requirements of the Professional Development League
(PDL) or other Sanctioning Association. With the additional funding provided in the 1St Amended and
Restated Addendum, Lessee will complete improvements to the visitors' clubhouse.
Field Lighting Scope of Work: PDL Lighting Requirement: 7.7 Field Lighting - All lighting systems
shall maintain the following minimum brightness requirements: Infield: 100 fc average. Outfield: 70 fc
average. Bullpen: 50 fc average. All lighting systems shall operate with a maximum uniformity ratio of
1.2/1 in the infield and 2/1 in the outfield.The uniformity ratios shall be computed by comparing the highest
and lowest footcandle readings in the infield and the outfield. The evaluation grid used to assess compliance
with the standards above shall include 16 light measurements taken in the infield, starting at home plate on
a 30'x30' grid pattern. Outfield readings shall be taken on a 60'x 60' grid pattern starting 15' in from each
foul line and 45' out from each infield base line. 29 outfield readings shall be taken. All readings shall be
taken 3' off the ground.The cell of the light meter shall be self-leveling and mounted on a fixed tripod.The
bullpen grid shall include pitcher's mound, bullpen home plate and midpoint for each pitching location.
All new field lighting systems for which construction commenced on or after October 1, 2020, including
both new facilities and substantial modifications to existing lighting systems (e.g., a modification that
involves the installation of new lighting poles), shall be submitted to Major League Baseball for approval
in advance of construction. All new lighting systems shall utilize an LED source, follow IES RP-6-15
standards (unless specified otherwise under this provision), and meet the following minimum standards:
Color temperature shall be greater than or equal to 5000°K Color Rendering Index(CRI)shall be minimum
of 75 Light Loss Factor(LLF)shall be minimum of 0.88 Average footcandle readings in foul territory shall
be a minimum of 70% of the standard applicable to the immediately adjacent area in fair territory.
• Factory aimed and assembled LED event lighting luminaries
• Factory aimed and assembled LED ball-tracking luminaries
• Retrofit six(6)existing poles
• Infield 100fc, Outfield 70fc light level
• Remote Driver Enclosures for all fixtures
• 10-year Parts and Labor warranty including guaranteed light levels 100fc/70fc
• Gateway cabinet to interface dimming network to DMX controller
• ETC Mosaic DMX control system with two (2)touchscreens to provide dimming and theatrical
effects
• Turnkey installation
• Final aiming/commissioning of the sports lighting system for approval of owner's representation
• Includes materials/equipment delivery to the jobsite,unload and full installation
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�LLUMIIYATION SUMMARY
MAWAINED HORMUALL FOOTCANDLES
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Scan Average: 102.41 70.68
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Minimum 95 58
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CU: 0.59
No.of Poinu, 25 105
Women's Clubhouse Renovation Scope of Work: PDL Requirement: 5.4 Female Staff Facilities - All
facilities shall provide a private dressing,shower,and toilet facility that is available only to female umpires
and female staff of the home and visiting Major League organizations. Such dressing area shall be located
in reasonable proximity to the home and visiting clubhouses and shall include a minimum of four lockers
(each a minimum of 24" w x 72" h), two showerheads, two water closets, and two lavatories. Minimum
floorspace requirements for the female staff facilities shall be 200 sq.ft. (as measured from the base of each
wall). Notwithstanding the forgoing, facilities may include multiple separate dressing areas for home and
visiting female staff and umpires,provided that at least two lockers,one shower,one water closet,and one
lavatory are available in each location for female staff. For the avoidance of doubt, the combined
requirements of such facilities remain as outlined above.
• Address compliance requirement of private dressing area featuring:
• Four(4) standard lockers (min 24")
• Two (2)lavatories
• Two (2)water closets
• Two (2)shower heads
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Visitor's Clubhouse Renovation Scope of Work: PDL Requirement: 4.2 Visiting Commissary and
Dining Area-All facilities shall provide an area of not less than 300 sq. ft. dedicated to food preparation
and consumption. If these two areas are separate (e.g., a seating area across the hall from the food
preparation space), then the combined space must be a minimum of 300 sq. ft. The commissary shall
include a refrigerator, a freezer, a sink, a dishwasher, a microwave, cabinets for storage, and a seating
area that can accommodate at least 8 individuals at one time. All kitchen equipment shall comply with
applicable local and state standards related to sanitation and cleanliness. In all circumstances, the
commissary and dining area shall be separated from the player and staff dressing areas but should be
immediately accessible by players and staff and located in, or in direct proximity to, the general visiting
clubhouse area. For the avoidance of doubt, the commissM equipment above shall be dedicated for the
sole use of the Major League Baseball Club and will required irrespective of the existence of a separate
kitchen or restaurant area located away from the visiting clubhouse area(e.g., elsewhere in the facilites
• Address compliance requirement of areas featuring:
• 32 player lockers
• Manager's office &Coaches locker room
• Stand-alone dining area
• Training room
• Meet square footage and seatingguidelines
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ATTACHMENT B
Required Terms for Contract with Architect or Engineer ("Consultant")
ADDITIONAL SCOPE OF SERVICES. In addition to preparation of plans and
specifications in compliance with all applicable City Codes and State laws,Consultant
will conduct regular on-site inspections and observations of construction contractor's work
in progress, materials and equipment to assist in determining if the work is in general
proceeding in accordance with construction documents.
INDEMNIFICATION
A. Consultant shall fully indemnify and hold harmless the City of Corpus Christi and
its officials, officers, agents, employees, excluding the engineer or architect or that
person's agent, employee or subconsultant, over which the City exercises control
("Indemnitee") from and against any and all claims, damages, liabilities or costs,
including reasonable attorney fees and court costs, to the extent that the damage is
caused by or results from an act of negligence, intentional tort, intellectual property
infringement or failure to pay a subcontractor or supplier committed by Consultant or
its agent, Consultant under contract or another entity over which Consultant exercises
control while in the exercise of rights or performance of the duties under this
agreement. This indemnification does not apply to any liability resulting from the
negligent acts or omissions of the City or its employees, to the extent of such
negligence.
B. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including reasonable
attorney fees and court costs, included in the indemnification above if the claim is not
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach
of contract by Indemnitee, the Consultant shall reimburse the City's reasonable
attorney's fees in proportion to the Consultant's liability.
C. Consultant must advise City in writing within 24 hours of any claim or demand
against City or Consultant known to Consultant related to or arising out of Consultant's
activities under this Agreement.
INSURANCE. Consultant must not commence work under this Agreement until all insurance
required has been obtained and such insurance has been approved by the City. Consultant must
not allow any subcontractor to commence work until all similar insurance required of any
subcontractor has been obtained. Insurance Requirements for the Consultant are shown in
ATTACHMENT B-1
ATTACHMENT B-1
Architect/Engineer ("Consultant")
1. Insurance Requirements
1.1 Consultant must not commence work under this agreement until
all required insurance has been obtained and such insurance has been
approved by the City. Consultant must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has
been obtained.
1.2 The City must be listed as an additional insured on the General liability
and Auto Liability policies, 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, Bodily Injury and Property Damage
required on all certificates or by Peroccurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1 ,000,000 Per Occurrence
1 . Commercial Broad Form $2,000,000 Aggregate
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1 ,000,000 Per Claim
(Errors and Omissions) If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
and identify any limitations regarding
who is insured.
ATTACHMENT C- REQUIRED TERMS AND CONDITIONS FOR
CONSTRUCTION OF THE PROJECT
1. Performance and Payment Bonds. Bonds furnished must be the requirements of Texas
Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable
laws and regulations. The contractors who are awarded contracts for construction of the capital
improvement project to improve field lighting and the women's personnel clubhouse shall furnish
the following bonds by surety companies authorized to do business in Texas:
A. Payment Bond - A payment bond in the amount of One Hundred Percent (100%)
of the contract for construction of the Improvements shall be furnished for the protection of all
persons, firms and corporations who may furnish materials or perform labor. The payment bond
shall be made with City of Corpus Christi as an Obligee.
B. Performance Bond - A performance bond in the amount of One Hundred Percent
(100%) of the contract for construction of the Improvements shall be furnished covering the
faithful performance of the contract. The performance bond shall be made with City of Corpus
Christi as an Obligee.
2. All construction agreements for the Project shall include the following provisions. The
Indemnity section shall be in large bold face font.
A. INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND ALL
OF ITS OFFICIALS, AGENTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES,
SUITS, DEMANDS OR CAUSES OF ACTION INCLUDING ALL
EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT
COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED
BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR,
ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES OR ANY OTHER PERSON, ARISING OUT OF OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT,
AND CONTRACTOR SHALL AT HIS OR HER OWN COST AND
EXPENSE DEFEND AND PROTECT THE CITY OF CORPUS CHRISTI
FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
B. Project shall be constructed in accordance with all applicable Federal, State and City
codes, laws and regulations.
C. Contractor and any subcontractors employed on this Project will comply with Chapter
2258 of the Texas Government Code by paying Contractor's employees or subcontractors
not less than the general prevailing wage rates.
D. Contractor warrants that the goods and services provided under this Contract shall be
warranted against any defaults for five years from final acceptance.
E. Contractor shall provide insurance as required by Attachment C-1.
ATTACHMENT C-1 INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. 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.
B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property
Management 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, Bodily Injury and Property Damage
non-renewal, material change or termination Per occurrence - aggregate
required on all certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part 11 of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Value of the equipment
C. 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.
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 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.
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 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
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, 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.
E. 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.
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 stop work hereunder, and/or
withhold any payment(s) 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 contract.
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 contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
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NO- • ' OF • '
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• Field Lighting—Approved by Type A Board in October 2021 and passed two reading ordinance in January
2022 by City Council; Project Complete
• Women's Personnel Clubhouse -Approved by Type A Board in October 2021 and passed two reading
ordinance in January 2022 by City Council; In progress
• Visitor's Clubhouse— Project will take place in October 2022.
NO- ' • Completed
1
PDL Requirement:
Infield average footcandle: 100
Outfield average footcandle: 70
Musco Performance Checklist for commissioning,
Feb 15, 2022:
Infield average footcandle: 133
Outfield average footcandle: 87
Most Recent (2016)Whataburger Field Lighting
Survey(old system):
Infield average footcandle: 79
Outfield average footcandle: 60
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'IMIPP PDL Requirement
Visitor's Clubhouse Requirement
• 4.2 Visiting Commissary and Dining Area-All facilities shall provide an area of not less than 300 sq.ft.dedicated to food preparation
and consumption.If these two areas are separate(e.g.,a seating area across the hall from the food preparation space),then the
combined space must be a minimum of 300 sq.ft.The commissary shall include a refrigerator,a freezer,a sink,a dishwasher,a
microwave,cabinets for storage,and a seating area that can accommodate at least 8 individuals at one time.All kitchen equipment
shall comply with applicable local and state standards related to sanitation and cleanliness.In all circumstances,the commissary and
dining area shall be separated from the player and staff dressing areas but should be immediately accessible by players and staff and
located in,or in direct proximity to,the general visiting clubhouse area.For the avoidance of doubt,the commissary equipment above
shall be dedicated for the sole use of the Major League Baseball Club and will required irrespective of the existence of a separate
kitchen or restaurant area located away from the visiting clubhouse area(e.g.,elsewhere in the facility).
Current floorplan without dining area
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reiviKRuom Office
7MIDD PDL Requirement
Visitor's Clubhouse Renovation Scope of Work
Address compliance requirement of areas featuring:
• 32 player lockers . �.
• Manager's office&Coaches locker room
• Stand alone dining area
• Training room
• Meet square footage and seating guidelines
------ --- f' ----- ------ --------- —
r
VISITOR'S CLUBHOUSE UPGRADES•CONCEPT 1
FACILITY STANDARDS:GRADING RUBIC 42
O O g ' Requirements ; g TOTAL POINTS
enalty Section 3 Home Club Facilities Penalty Range 5
Low Med High
2 Home Commissary and Dining Area
Freezer 1 1 1
Compliance Requirements Dishwasher 1 1 1
4 Home Training Room
Minimum 400 sq ft 1 3 10
• 30 points or less by 2023 2 full body whirlpools - 2 5
• 20 points or less by 2024
Section Visiting Club Facilities Penalty Range 22
• 10 points or less by 2025 and Low Med High
in perpetuity 1 Visiting Clubhouse/Dressi ng Area
Minimum#of regulation lockers 1 3 10
2 Visiting Commissary and Dining Area
Minimum 300 sq ft 1 2 5
Freezer 1 1 1
Sink 1 1 1
Dishwasher 1 1 1
Microwave 1 1 1
Storage Cabinets 1 1 1
Seating Area for 8 min 1 1 1
4 Visiting Training Room
2 ful l body whirlpools - 2 5
6 Visiting Field Manager's Office
SeparateManager's office 3 3 3
Separate toilet,shower and dressing area 1 1 1
Meeting space for min 4people 2 2 2
Section Additional Team Facilities Penalty Range 8
Low Med High
4 Female Staff Facilities
Minimum 4regulation lockers 1 2 5
Shower heads:2 NA 1 10
Waterclosets:2 NA 1 10
Lavatories-2 NA 1 10
Section High Speed Internet Penalty Range 3
Low Med High
2 Seconda ry l me met Con rection 3 3 3
Section Playing Field Penalty Range 4
Low Med High
7 Field Lighting Average fc(Infie Id) 1 3 10
Field Lighting Average fc(Outfield) 1 3 10
Field Lighting Uniformity Ratio(Infield) 1 3 5
Field Lighting Uniformity Ratio(Outfield) 1 3 5
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AGENDA MEMORANDUM
v Public Hearing & First Reading Ordinance for the City Council Meeting 3/29/22
NOOgpOHPI EO Second Reading (Tabled) Ordinance for the City Council Meeting 4/12/22
1852 Second Reading Ordinance for the City Council Meeting of 4/19/22
DATE: February 21, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 202 Graham Road
CAPTION:
Zoning Case No. 0222-03, Graham Office, LLC.: (District 4) Ordinance rezoning property at or
near 202 Graham Road from the "IH" Heavy Industrial District to the "RV" Recreational Vehicle
Park District.
SUMMARY:
The purpose is to allow for the construction of a recreational vehicle park.
BACKGROUND AND FINDINGS:
The subject property is 4.015 acres in size. The subject property is currently zoned "IH" Heavy
Industrial District, consists of vacant land, and has remained undeveloped since annexation in
1961. To the north and west are vacant properties zoned "RM-1" Multifamily District. To the south
across Graham Road are residential homes zoned "RM-1" Multifamily District. To the east are
vacant properties zoned "IH" Heavy Industrial District.
Conformity to City Policy
The subject property is located within the boundaries of the Flour Bluff Area Development Plan
and is planned for a high-density residential use. The proposed rezoning to the "RV" Recreational
Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants
an amendment to the Future Land Use Map.
Public Input Process
Number of Notices Mailed
5 within 200-foot notification area
1 outside notification area
As of January 26, 2021:
I n Favor In Opposition
2 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the 200-foot notification area* is in opposition.
"Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification
area.
Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition
ALTERNATIVES:
1. Denial of the zoning from the"IH" Heavy Industrial District to the"RV" Recreational Vehicle
Park District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Planning Commission recommended approval of the zoning from the"I H" Heavy Industrial District
to the "RV" Recreational Vehicle Park District on February 9, 2021.
Vote Count.-
For:
ount.For: 6
Opposed: 0
Absent: 3
Abstained: 0
Staff recommends approval of the zoning request.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0222-03, Graham Office, LLC.: (District 4) Ordinance rezoning property at
or near 202 Graham Road from the "IH" Heavy Industrial District to the "RV"
Recreational Vehicle Park 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
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 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 described as being 4.015 acres out of Lot 9, Section 55, Flour Bluff and
Encinal Farm and Garden Tracts, as shown in Exhibit "A":
from the "IH" Heavy Industrial District to the "RV" Recreational Vehicle Park District.
The subject property is located at or near 302 Graham Road. Exhibit A, which is the Metes
and Bounds of the subject property with an associated map 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.
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 2 of 5
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 5
Exhibit A
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Page 4 of 5
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Page 5 of 5
ZONING REPORT
Case No. 0222-03
INFOR No. 22ZN1003
Planning Commission Hearin Date: February 9, 2022
C Owner: Graham Office, LLC.
r �a o Applicant: Graham Office, LLC
u Location Address: 202 Graham Road
a N Legal Description: 4.015 acres out of Lot 9, Section 55, Flour Bluff and Encinal
Q °� ° Farm and Garden Tracts, located along the north side of Graham Road, east of
Waldron Road, and west of Laguna Shores Road
From: "IH" Heavy Industrial District
To: "RV" Recreational Vehicle Park District
io Area: 4.015 acres
Purpose of Request: To allow for the construction of a RV Park.
Existing Zoning District Existing Future
Land Use Land Use
Light Industrial High Density
Site "IH" Heavy Industrial District and Professional
Office Residential
a� N
° High Density
'E ? North "RM-1" Multifamily District Vacant Residential
N
a _ Low Density High Density
)C J South RM-1 Multifamily District Residential Residential
LU East "IH" Heavy Industrial District Professional High Density
Office Residential
West "CG-2" General Commercial Vacant High Density
District Residential
Area Development Plan: The subject property is located within the boundaries
06 u, of the Flour Bluff Area Development Plan and is planned for a high-density
o residential use. The proposed rezoning to the "RV" Recreational Vehicle Park
2 District is consistent with the adopted Comprehensive Plan (Plan CC) and
a IU
o warrants an amendment to the Future Land Use Map.
o �
Q City Council District: 4
Zoning Violations: None
° Transportation and Circulation: The subject property has approximately 330
feet of street frontage along Graham Road which is designated as a "C1" Minor
° Collector Street. According to the Urban Transportation Plan, "Cl" Minor
a
N Collector Streets can convey a capacity between 1 ,000 and 3,000 Average Daily
L
Trips (ADT).
Zoning Report
Page 2
Street Urban Transportation Proposed Existing Traffic
Plan Type Section Section Volume
}' Graham 40paved 20paved 60' ROW 45' ROW
� � Road �°C1" Minor Collector N/A
Staff Summary:
Existing Land Uses & Zoning: The subject property is zoned "IH" Heavy Industrial
District and has remained vacant since annexation in 1961 . To the north and west are
vacant properties zoned "RM-1" Multifamily District. To the south across Graham Road
are residential homes zoned "RM-1" Multifamily District. To the east are vacant properties
zoned "IH" Heavy Industrial 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: 6-inch ACP line located along Graham Road.
Wastewater: 8-inch PVC line located along Graham Road.
Gas: 4-inch Service Line located along Graham Road.
Storm Water: Roadside drainage located along Graham Road.
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 a high-density
residential use. The proposed rezoning to the "RV" Recreational Vehicle Park District is
consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment
to the Future Land Use Map. 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 direct arterial access for high-density apartments or interior access from a
street designed specifically to collect the apartment traffic and distribute it directly to
an arterial without passing through a lower density residential area. (Future Land Use,
Zoning, and Urban Design Policy Statement 3)
• Encourage convenient access from medium-density residential development to
arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3)
• Support expanded and additional recreation vehicle area to serve tourists. Rezoning
of proposed commercial and/or multi-family land use near SPID and adjacent to the
Laguna Madre for recreational vehicle usage should be encouraged. Zoning this area
for recreation vehicles (RV) would take advantage of the natural resource of the
Laguna Madre, excellent access to SPID, and would meet community objectives to
Zoning Report
Page 3
minimize the potential for property losses in flood-prone areas. (Flour Bluff Area
Development Plan Policy Statement 4.4)
Department Comments:
• The proposed rezoning is consistentwith the adopted Comprehensive Plan (Plan CC),
compatible with the adjoining properties, and warrants an amendment to the Future
Land Use Map.
• An adjacent property to the north and west is currently being rezoned as part of the
RV park development.
Planning Commission and Staff Recommendation (February 9, 2022):
Approval of the change of zoning from the "IH" Heavy Industrial District to the "RV"
Recreational Vehicle Park District.
Number of Notices Mailed — 5 within 200-foot notification area.
1 outside notification area
As of February 8, 2022:
In Favor — 2 inside notification area
— 0 outside notification area
o In Opposition — 0 inside notification area
Z
— 0 outside notification area
a- Totaling 0.00% of the land within the 200-foot notification area in opposition.
"Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The
opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the
total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the
notification area=Percentage of public opposition
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
Zoning Report
Page 4
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Case # 0222-03
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Zoning Case #0222-03
Graham Office, LLC.
Rezoning for a Property at 202 Graham Road
From "IH" To "RV"
o
° � T
BJE
��7 q City Council
March 29, 2022
Zoning Pattern and Adjacent Development
CO-1
2SP103-0 ,' Currently Zoned:
"IH" Heavy Industrial District
Proposed Use:
' Recreational Vehicle Park
Surrounding Uses:
r North: Drainage Channel and
Single-Family Homes
$ �5 South: Single-Family
� Residences
B9E
"ROPE, East: Vacant
2015„ o' '0 rk H
]gas N West: Park and Mini-Storage
Public Notification
5 Notices mailed inside 200' buffer / '�•�
1 Notices mailed outside 200' buffer I
-s
Notification Area
Opposed: 0 (0.00%)
Separate Opposed Owners. 0
sUaaecr
cc PROPEPTY O
!H
In Favor: 2 (69.80%) %4 ,� 2
M 1
Notified property owner's land in square N
feet/Total square footage of all property in
the notification area =
Percentage of public opposition
3
Staff Analysis and Recommendation
The proposed rezoning is
z consistent with the adopted
Comprehensive Plan (Plan
CC), compatible with the
adjoining properties, and
warrants an amendment to
the Future Land Use Map.
p °�FRrY An adjacent property to the
north and west is currently
� t being rezoned as part of the
RV park development.
Staff Recommendation-
Approval
CHRISTI CRADDICK,CHAIRMANDANNY SORRELLS
RYAN SITTON COMMISSIONER 'S
DIRECTOR,OIL AND GAS DIVISION
WAYNE CHRISTIAN,COMMISSIONER I CLAY WOODUL
r i y ASSISTANT DIRECTOR,FIELD OPERATIONS
RAILROAD COMMISSION OF TEXAS
OIL AND GAS DIVISION
November 8, 2018
Mr. Quan Tran
ExxonMobil Environmental Services Company
22777 Springwoods Village Pkwy
Spring, TX 77389
Re: No Further Action
ExxonMobil Environmental Services Company(EMES)
Flour Bluff Oil Field North Parcel (Site)
Nueces County, Texas
Operator Cleanup Program (OCP)No. 04-3534
Dear Mr. Tran:
Railroad Commission of Texas Site Remediation Section (RRC) staff reviewed the OCP file for
the ExxonMobil Flour Bluff Oil Field North Parcel located on Graham Road, approximately one-
half mile east of the intersection of Waldron Road and Graham Road in Nueces County, Texas.
The parcel is bordered by a drainage canal to the north, a drainage canal and Wranosky Park to the
west, Graham Road to the south, and the former Texas Crude Energy, Inc. Central Tank Battery
property to the east. The North Parcel is more specifically located at latitude 27.66060 and
longitude -97.28080 (WGS 84).
Site History
The North Parcel totals an area of 21.13 acres consisting primarily of undeveloped coastal lands,
which includes oak groves, grass and brush; however, the Site has historically been used for oil
and natural gas exploration,production and processing operations. No buildings are located at the
Site and the surrounding area consists primarily of undeveloped land with a small number of
single-family residential properties to the north and south. The Laguna Madre is located
approximately 0.2 miles to the east-southeast of the property.
Investigation
In 2008, Arcadis U.S., Inc (Arcadis) conducted a Phase I Environmental Site Assessment (ESA)
at the Site. The results of the Phase I warranted a Phase II ESA, which was performed in April of
2009. Investigation activities performed during the Phase II include the advancement of six soil
borings, three of which were converted into temporary monitor wells. Analytical results from one
soil sample (FB-TMW03 at 0-2 feet) showed exceedances of benzene, toluene, ethylbenzene, and
xylenes (BTEX)above the applicable protective concentration levels (PCLs). Analytical results of
1701 NORTH CONGRESS AVENUE * POST OFFICE BOX 12967 * AUSTIN,TEXAS 78711-2967 * PHONE:512/463-6765*FAX:512/463-2388
TDD 800/735-2989 OR TDY 512/463-7284*AN EQUAL OPPORTUNITY EMPLOYER*httn://www.rrc.tcxm.gov
Mr. Quan Tran
11/8/2018
Page 2
groundwater from FB-TMW03 indicated exceedance of total petroleum hydrocarbon(TPH)above
the Class 1/2 PCL of 0.98 milligram per liter(mg/L).
In February of 2010, following Phase I and 11 ESA activities,Arcadis began soil removal activities
at the Site. In total, Arcadis removed approximately 78 tons of impacted soils from the Site.
Impacted soils were disposed of off Site at the Waste Facilities Inc. at 716 FM 716 in Premont,
Texas. Confirmation soil samples collected from the excavation indicated that concentrations of
BTEX and TPH were below their applicable PCLs. Excavation backfilling activities were not
necessary at the Site because the impacted soils were removed from above grade. The excavation
area was regraded to match the existing contours on Site and to minimize ponding or erosion.
In August of 2017, Arcadis installed five monitor wells at the Site. Groundwater was encountered
during drilling activities at depths between 16.5 and 17.5 feet below ground surface (bgs). Soils
were continuously logged and field screened using a photoionization detector(PID). Elevated PID
readings were not observed during drilling activities, therefore soil samples were not collected.
Monitor wells NP-MW-01 and NP-MW-02 were screened between five and 15 feet bgs and the
remaining monitor wells were screened between 10 and 20 feet bgs.
Gauging and sampling activities were performed on all monitor wells at the Site on September 7
and November 13 of 2017, as well as on February 6, 2018. Light non-aqueous phase liquids were
not detected in any monitor well at the Site. TPH and chloride were the only constituents detected
above the Class 1/2 groundwater PCL. TPH exceedances were only detected in NP-MW-01 in
September of 2017 and subsequent sampling events showed concentrations had decreased below
the method quantification limit. Chloride exceedances were detected in all monitor wells at the
Site. However,region-wide brackish and saline groundwater is ubiquitous and naturally-occurring
in Flour Bluff. Poor yield and high total dissolved solids (TDS) characterize the undifferentiated
nearshore deposits and the Beaumont formation that make up the upper 100 feet of the subsurface.
Well records from the Texas Water Development Board (TWDB) indicated that stock irrigation
wells are installed in these formations, but the deeper Chicot (approximately 150 to 450 feet bgs)
and Evangeline (500 to 1,000 feet bgs) Aquifers represent the principal source for significant
withdrawal of water. Therefore, EMES requested that groundwater at the Site be designated as
Class 3. RRC staff agree with this designation based on the presence of upgradient TDS values
greater than 10,000 milligrams per liter(mg/L),non-producing and low yield wells at the Site, and
the non-utilization of this groundwater bearing unit as a potable water resource.
Monitor Well Plugging
Monitor wells NP-MW-01 through NP-MW-05 were plugged and abandoned on June 28 and
August 28, 2018 in accordance with state and federal plugging requirements.
Based on the findings of the Site investigation, the Site Remediation Section of the Oil and Gas
Division concurs that the above-referenced Site requires no further action to investigate, assess,
control, and cleanup the release subject to OCP No. 04-3534. Based on information available,
you may consider remediation issues related to the Site as closed. Please feel free to contact me
at 512-475-3089 or by email at leslie.bruce@rrc.texas.gov.
SASite Rem\Operator Cleanup\Dist_4\3534 ExxonMobil Flour Bluff North Parcel\3534 ExxonMobil Flour Bluff North Parcel NFA.docx
Mr. Quan Tran
11/8/2018
Page 3
Sincerely,
6r' &"'
Leslie Bruce
Technical Coordinator In
cc: Mr. Leo Guerra, Director, Corpus Christi District Office (via email)
Mr. Colin Melson, Arcadis (via email)
OCP E-reading file
SASite Rem\Operator Cleanup\Dist_4\3534 ExxonMobil Flour Bluff North Parcel\3534 ExxonMobil Flour Bluff North Parcel NFA.docx
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1852 AGENDA MEMORANDUM
Action Item for the City Council Meeting of April 19, 2022
DATE: April 19, 2022
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
0effreye(a)-cctexas.com
(361) 826-3851
Charles Mendoza, Director of Asset Management
CharlesM2(a-)cctexas.com
(361) 826-1941
Heather Hurlbert, Director of Finance & Business Analysis
heatherh3(a)cctexas.com
(361) 826-3227
Construction Contract
Art Museum Improvements
CAPTION:
Ordinance awarding a construction contract to South Texas Building Partners (STBP) Inc., Corpus
Christi, Texas, to complete improvements at the Art Museum of South Texas, located in Council
District 1, in an amount of$843,755 with FY 2022 funding available from the Type A/B Sales Tax.
SUMMARY:
This item awards a construction contract to South Texas Building Partners (STBP) to complete
improvements at the Art Museum. The improvements completed will resolve water and moisture
infiltration by replacing skylights, windows, and storefronts.
BACKGROUND AND PURPOSE:
The Art Museum of South Texas was first opened to the public in 1972. The older portion of the
museum, the South Building, is known as the Johnson & Burgee Building. The addition of the
Legorreta building was completed in 2006 and doubled the size of the gallery and exhibition space.
The Art Museum Building is owned by the City of Corpus Christi and is operated by Texas A&M
University Corpus Christi.
This scope will replace seven of the ten skylights at the Johnson & Burgee Building. The remaining
three skylights have not experienced water leaks and do not require replacement at this time. The
project will provide the Legorreta building with new storefronts at the main entry, cafe, and between
the small gallery and the exterior water feature. The cafe will acquire new windows in the dining
area overseeing the Harbor Bridge and the Texas State Aquarium.
The proposed skylight, storefront and window systems are aluminum framed with large missile
(hurricane) impact-resistant glazing. Glazing will comply with the City of Corpus Christi Energy
Conservation Codes to provide savings and improved comfort. The work will also include improved
emergency egress and ADA accessibility.
PROJECT TIMELINE:
2022
F M A M J J A S O N D
BI D/AWARD CONSTRUCTION
Project schedule reflects City Council award in April 2022 with anticipated construction completion
by December 2022.
COMPETITIVE SOLICITATION PROCESS
The Contracts and Procurement Department issued a Request for Bids on February 7, 2022. The
City of Corpus Christi received bids from two bidders. The City analyzed the bids in accordance
with the contract documents and determined STBP, Inc. is the lowest responsive, and responsible
bidder. As the lowest bid received was within the acceptable range of Engineer's Opinion of
Probable Construction Cost the City decided to proceed with the project.
BID SUMMARY
CONTRACTOR BASE BID
STBP Inc. $843,755.00
Barcom Construction $983,488.00
Engineer's Opinion of Probable
Construction Cost $830,739.00
STBP Inc. has completed several projects for the City of Corpus Christi including repairs,
replacement, and installation of doors, windows, shutters, and other facility maintenance projects
for various citywide facilities like the American Bank center.
ALTERNATIVES:
City Council could instruct staff to reject the bid and provide direction to re-advertise, however,
this is not likely to produce a better bid. A rejection would postpone the improvements and extend
the risk of water and moisture infiltration damage to the building and artwork.
FISCAL IMPACT:
The fiscal impact in FY 2022 is an amount of $843,755 with funding available from Type A Sales
Tax Fund. The proposed CIP project page is included in the package.
FUNDING DETAIL:
Fund: Seawall CIP (Fund 3271)
Mission Elem: Seawall (707)
Project No.: Art Museum Improvements (Project No. 21124)
Account: Construction (550910)
Activity: 21124-3271-EXP
Amount: $843,755.00
RECOMMENDATION:
Staff recommends awarding a construction contract for Art Museum Improvements to STBP Inc.,
for replacing skylights, windows, and storefronts.
LIST OF SUPPORTING DOCUMENTS:
Location Maps
Bid Tab
CIP Project Page
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CITY COUNCIL EXHIBIT
ARTMUSEUM IMPROVEMENTS CITY OF CORPUS CHRISTI,TEXAS '
DEPARTMENT OF ENGINEERING SERVICES
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PROJECT NUMBER: 21124
ART MUSEUM CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI,TEXAS
IMPROVEMENTS DEP
ARTMENT OF ENGINEERING SERVICES
Art Museum Improvements
ID: Project No 21124
Item Description Unit Quantity South Texas Total Barcom Total
Building Construction,
Partners Inr
Base Bid
Al MOBILIZATION MAX.5% LS 1 $42,188.00 $42,188.00 $35,000.00 $35,000.00
A2 BONDS AND INSURANCE AL 1 $32,794.00 $32,794.00 $13,568.00 $13,568.00
Sub Totals $74,982.00 $48,568.00
B1 REMOVE EXISTING SKYLIGHTS AND 1 $144,441.00 $144,441.00 $187,773.00 $187,773.00
REPLACE WITH NEW IMPACT-RATED
SKYLIGHTS LS
Sub Totals $144,441.00 $187,773.00
190010TIM.M.- Or M2
C1 REMOVE EXISTING PROTECTIVE 1 $35,000.00 $35,000.00 $15,848.00 $15,848.00
SHUTTER TRACK SYSTEM FROM CAFE
AND REMOVAL OF POCKET DOOR WALL
AT STAIRWELL LS
C2 REMOVE EXISTING STOREFRONT AND 1 $80,000.00 $80,000.00 $84,600.00 $84,600.00
REPLACE WITH NEW
STOREFRONT/DOORS, IMPACT-RATED LS
C3 REMOVE EXISTING WINDOWS AND 1 $115,000.00 $115,000.00 $419,114.00 $419,114.00
REPLACE WITH NEW WINDOWS,
IMPACT-RATED LS
C4 REMOVE EXISTING STOREFRONT AND 1 $300,000.00 $300,000.00 $140,285.00 $140,285.00
REPLACE WITH NEW CURTAIN WALL
SYSTEM AND DOORS,IMPACT-RATED LS
C5 DEMOLITION AND REMEDIATION OF 1 $19,332.00 $19,332.00 $12,300.00 $12,300.00
EXISTING PARTITION AT STAIRWELL LS
Sub Totals 1 $549,332.00 $672,147.00
D1 ALLOWANCE FOR UNSEEN BUILDING 1 $75,000.00 $75,000.00 $75,000.00 $75,000.00
CONDITIONS DURING CONSTRUCTION AL
Sub Totals $75,000.00 $75,000.00
Grand Total 1 $843,755.001 1 $983,488.00
Capital Improvement Flan 2022 thru 2024
City of Corpus Christi, Texas
Project# 21124
Project Name Art Museum Improvements
Type Improvement/Additions Department Health&Safety Other ART MUSEUM
Useful Life 25 years Contact Director of Engineering
Category Site Improvements Priority 2 Critical-Asset Condition\longe Ron
Status Active
Description
The project will replace HVAC System,electrical gear and several repairs to roof,plumbing,exterior and interior structure.
Justification
Consistency with the Comprehensive Plan:Policy Statements pg.48:3&6
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 900,000 900,000
Design 443,725 443,725
Eng,Admin Reimbursements 56,275 100,000 156,275
Tom 500,000 1,000,000 1,500,000
Funding Sources Prior Years 2022 2023 2024 Total
Type A/B Sales Tax 500,000 1,000,000 1,500,000
Total 500,000 1,000,000 1,500,000
Budget Impact/Other 71
There is no operational impact with this project.
150
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NoAPoapYE° AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of April 12, 2022
DATE: April 12, 2022
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
0effreye(a)cctexas.com
(361) 826-3851
Gabriel Ramirez, Interim Director of Water Utilities Department
Gabriel r(a)cctexas.com
(361) 826-1202
Heather Hurlbert, Director of Finance & Business Analysis
heatherh3(a)-cctexas.com
(361) 826-3227
Construction Contract Award
O. N. Stevens Water Treatment Plant Filter Building Rehabilitation, Phase II
CAPTION:
Motion awarding a construction contract to Barcom Construction Inc. of Corpus Christi, Texas, for
rehabilitation of the O.N. Stevens Water Treatment Plant (ONSWTP) Filter Building 1, located in
Council District 1, in an amount not to exceed $2,093,770, with FY 2022 funding available from
the Water Capital Fund.
SUMMARY:
This motion awards a construction contract for the O.N. Stevens Water Treatment Plant
(ONSWTP) Filter Building 1, Phase II to provide construction services for building upgrades.
BACKGROUND AND FINDINGS:
The ONSWTP provides potable water to the City of Corpus Christi and the surrounding region.
The ONSWTP consists of treatment process units, chemical storage, maintenance facilities and
office space to serve plant operators and other City staff. Phase I of the filter building rehabilitation
project renovated the north wing of the facility in 2013. The current project is Phase 11 and will
renovate the south wing of the facility to create 5,376 square feet of useable space for offices,
restrooms, a breakroom, a conference room, and an instrument lab.
The two-story filter building was originally built in 1954. The basement (at ground level) houses
mechanical equipment for the filters. The second floor was used to house the original pneumatic
filter control consoles which have been automated and relocated. Currently, the second-floor
interior space is unutilized. The overall reinforced concrete structure, roof and the exterior of the
building envelope are in sound condition so the space can be economically renovated.
All modifications to Filter Building 1, both interior and exterior, will match the construction finishes
used at the adjacent Filter Building 2. Moreover, the improved space will be energy-efficient, ADA
accessible, and hurricane-rated.
PROJECT TIMELINE
2022 2023
J F M A M J J A S O N D J F M
ID/AWARD CONSTRUCTION
Projected schedule reflects City Council award in April 2022 with construction completion by
March 2023.
COMPETITIVE SOLICITATION PROCESS:
The Contracts and Procurement Department issued a Request for Bids on December 27, 2021,
subsequently on February 23, 2022, the City received bids from four bidders. The apparent low
bid was submitted by DFL TWO Inc. of Corpus Christi, however, DFL withdrew their bid based on
a calculation error.
Barcom Construction Inc. is the second lowest responsive and responsible bidder. All bids
received are slightly higher than the engineer's estimate for several reasons. The increase is due
to the supply chain challenges, rising cost of raw materials, and the cost of labor. The bids appear
to be competitive and representative of current market conditions. The bid results are summarized
below:
BID SUMMARY
CONTRACTOR BASE BID
1 F T14Zn '^^ (Bid withdrawn)
2. STBP Inc. $2,392,000.00
3. Marshall Company $2,345,000.00
4. Barcom Construction $2,093,770.00
Engineer's Opinion of Probable Construction Cost $1,583,042.09
Barcom Construction has successfully completed numerous projects for the City. Projects
completed by Barcom Construction include Fire Station 18, the new EMS Central, Flour Bluff
Police Substation remodel, 6t" Floor Conference Room Upgrades, Greenwood WWTP Building
Interior Refresh, and the Dimmitt Pier Improvements.
ALTERNATIVES:
The alternative is to reject the bids and re-advertise or cancel the project. Re-advertisement is
unlikely to result in lower bids and will delay the project. Canceling the project would require
creating an alternative plan to adequately house staff currently located in the prior chemical
building.
FISCAL IMPACT:
The FY 2022 Capital Improvement Program (CIP) shows that the project has an estimated
construction budget of $2,000,000 and a contingency of $100,000 available for FY 2022. The
estimated construction cost is in line with the bids received.
The fiscal impact in FY 2022 is an amount of$2,093,770.00 with funding available from the Water
Capital Fund.
FUNDING DETAIL:
The Capital Improvement Program (CIP) shows the project is planned for FY 2022. The project
is ready to be implemented and the expenditures shown reflect the CIP.
Fund: Water 2022 CIP (Fund 4484)
Mission Elem: Water Distribution (041)
Project: O.N. Stevens Water Treatment Plant Filter Building Rehabilitation, Phase II
(20094A)
Account: Construction (550910)
Activity: 20094-A-4484-EXP
Amount $2,093,770
RECOMMENDATION:
Staff recommends awarding the construction contract for the ONSWTP Filter Building
Rehabilitation Phase II to Barcom Construction Inc. of Corpus Christi, Texas in an amount of
$2,093,770. The construction duration is planned for 12 months from issuance of the Notice to
Proceed to begin construction in April 2022.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Bid Tab
CIP Page
O.N STEVENS WATER TREATMENT
PLANT REHABILITATION
PHASE 2
SCALE: N.T.S.
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NOT TO SCALE PROJECT NUMBER: 20094A
O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT
FILTER BUILDING REHABILITATION CITY OF CORPUS CHRISTI,TEXAS V441
PHASE 2 DEPARTMENT OF ENGINEERING SERVICES
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O.N STEVENS WATER TREATMENT
PLANT REHABILITATION
PHASE 2
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AERIAL MAP
NOT TO SCALEPROJECT NUMBER: 20094A e,
O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT
FILTER BUILDING REHABILITATION CITY OF CORPUS CHRISTI,TEXAS V441
PHASE 2 DEPARTMENT OF ENGINEERING SERVICES
ONSWTP Filter Building Rehabilitation — Phase 2
ID: Project No.20094A RFB No.4010
. . M,fllllllrolpp ..
Al Mobilization LS 1 $90,925.00 $90,925.00 $25,000.00 $25,000.00 $323,194.00 $323,194.00 $32,522.41 $32,522.41
A2 Bonds and Insurance LS 1 $25,495.00 $25,495.00 $30,000.00 $30,000.00 $89,500.00 $89,500.00 $17,756.73 $17,756.73
Sub Totals $116,420.00 $55,000.00 $412,694.00 $50,279.14
B1 Demolition LS 1 $65,325.00 $65,325.00 $95,400.00 $95,400.00 $51,560.00 $51,560.00 $45,716.00 $45,716.00
Sub Totals $65,325.00 $95,400.00 $51,560.00 1 $45,716.00
C1 Structural Concrete LS 1 $17,500.00 $17,500.00 $76,600.00 $76,600.00 $15,740.00 $15,740.00 $8,210.25 $8,210.25
C2 Structural Stairs LS 1 $28,450.00 $28,450.00 $29,900.00 $29,900.00 $10,200.00 $10,200.00 $77,050.34 $77,050.34
C3 Structural Steel Framing at 1 $95,506.00 $95,506.00 $145,500.00 $145,500.00 $115,179.00 $115,179.00
Openings LS $119,954.99 $119,954.99
Sub Totals $141,456.00 $252,000.00 $141,119.00 $205,215.58
D1 Architectural Wall Framing 1 $352,875.00 $352,875.00 $194,400.00 $194,400.00 $368,850.00 $368,850.00
&Drywall LS $48,517.53 $48,517.53
D2 Architectural Finishes LS 1 $221,291.00 $221,291.00 $359,200.00 $359,200.00 $223,442.00 $223,442.00 $63,863.42 $63,863.42
D3 Architectural Insulation LS 1 $55,769.00 $55,769.00 $115,200.00 $115,200.00 $195,863.00 $195,863.00 $19,998.86 $19,998.86
D4 lArchitectural Doors LS 1 $53,944.00 $53,944.00 $56,900.00 $56,900.00 $34,080.00 $34,080.00 $21,662.30 $21,662.30
D5 Architectural Windows 1 $38,561.00 $38,561.00 $54,200.00 $54,200.00 $17,987.00 $17,987.00
(Interior Aluminum
Frames) LS $98,653.50 $98,653.50
D6 Architectural Windows 1 $199,400.00 $199,400.00 $196,200.00 $196,200.00 $179,400.00 $179,400.00
Exterior-Im act LS $110,576.50 $110,576.50
D7 Architectural Millwork LS 1 $18,943.00 $18,943.00 $16,000.00 $16,000.00 $26,540.00 $26,540.00 $8,916.02 $8,916.02
D8 Architectural Exterior Metal 1 $133,960.00 $133,960.00 $98,500.00 $98,500.00 $66,508.00 $66,508.00
Wall Panels LS $73,158.80 $73,158.80
Sub Total $1,074,743.00 $1,090,600.00 $1,112,670.00 $445,346.93
E1 Mechanical Rough-in LS 1 $71,450.00 $71,450.00 $90,700.00 $90,700.00 $116,890.00 $116,890.00 $65,879.00 $65,879.00
E2 Mechanical Equipment LS 1 $21,735.00 $21,735.00 $77,300.00 $77,300.00 $0.00 $0.00 $58,880.80 $58,880.80
E3 Mechanical Trim LS 1 $50,715.00 $50,715.00 $8,100.00 $8,100.00 $0.00 $0.00 $7,555.90 $7,555.90
Sub Totals $143,900.00 $176,100.00 $116,890.00 $132,315.70
F1 Electrical Rough-in LS 1 $130,078.00 $130,078.00 $103,700.00 $103,700.00 $194,610.00 $194,610.00 $105,965.14 $105,965.14
F2 Electrical Gear LS 1 $62,500.00 $62,500.00 $59,000.00 $59,000.00 $0.00 $0.00 $86,698.76 $86,698.76
F3 Electrical Trim LS 1 $52,000.00 $52,000.00 $144,800.00 $144,800.00 $0.00 $0.00 $21,407.10 $21,407.10
Sub Totals $244,578.00 $307,500.00 $194,610.00 $214,071.00
G1 Plumbing Rough-in LS 1 $76,096.00 $76,096.00 $85,200.00 $85,200.00 $146,619.00 $146,619.00 $24,134.41 $24,134.41
G2 Plumbing To -out LS 1 $68,487.001 $68,487.00 $82,900.00 $82,900.00 $0.00 $0.00 $19,746.34 $19,746.34
G3 Plumbing Fixtures LS 1 $9,609.001 $9,609.00 $29,700.00 $29,700.00 $0.00 $0.00 $32,607.75 $32,607.75
Sub Totals $154,192.00 $197,800.00 $146,619.00 $76,488.50
.. me WY-11157511111111
H1 Fire Alarm LS 1 $23,045.00 $23,045.00 $31,600.00 $31,600.00 $50,472.00 $50,472.00 $34,047.00 $34,047.00
Sub Totals $23,045.00 $31,600.00 $50,472.00 $34,047.00
11 Fire Sprinkler LS 1 $26,111.00 $26,111.00 $35,000.00 $35,000.00 $61,366.00 $61,366.00 $33,696.00 $33,696.00
Sub Totals $26,111.00 $35,000.00 $61,366.00 $33,696.00
J1 Unforeseen Conditions 1 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00
AL
J2 Concrete Testing IAL 1 1 1 $4,000.001 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00
Sub Totals $104,000.00 $104,000.00 $104,000.00 $104,000.00
Grand Total $2,093,770.00 $2,345,000.00 $2,392,000.00 $1,341,175.85
Note:`Bid Package from DLF was received before the deadline,however it was delivered to another Procurement office within the department,Therefore it was not read outload
during the bid opening,Bid is considered Responsive.
Capital Improvement Plan 2022 thril 2024
City of Corpus Christi, Texas
Project# 20094
Project Name ONSWTP Filter Bldg Rehabilitation Ph#2 ,
Type Recondition/Longevity Department Water Department
Useful Life 40 years Contact Director of Water Utilities "
Category Water Treatment Priority 2 Critical-Asset Condition ^
Status Active
Description
This project will complete rehabilitation of the Filter Building at ONSWTP originally constructed in 1954. Phase 1 addressed the North wing and
was completed in 2013. Under Phase 2,the South wing will be rehabilitated to house Water Quality(WQ)and Environmental Quality(EQ)staff
currently located in the Chemical Building at ONSWTP. Work will consist of removing hazardous asbestos,performing structural repairs as
needed,and reconfiguring available space to accommodate multiple offices,breakroom and restrooms. Currently,WQ and EQ staff are housed
in a former sub-standard industrial building in close proximity to hazardous chemicals.
Justification
Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3&6;pp.55-57;Water Master Plan This project will provide safe and
functional work space for Water Quality team and laboratory staff and equipment.
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 2,000,000 2,000,000
Inspection 200,000 200,000
Design 270,000 270,000
Contingency 100,000 100,000
Engineering Svc 223845 22,845
Eng,Admin Reimbursements 200,000 200,000
Total 292,845 2,500,000 2,792,845
Funding Sources Prior Years 2022 2023 2024 Total
Revenue Bonds 292,845 2,500,000 2,792,845
Total 292,845 2,500,000 2,792,845
Budget Impact/Other 71
There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on-
going or maintenance costs.
294
Corpus Chr sti
Engineering
ONSWTP Filter Building Rehabilitation
Phase II
Council Presentation
April 12, 2022
�.
Project Location
Corpus Chr sti
Engineering
�• ' O.N STEVENS WATER TREATMENT � / \
PLANT REHABILITATION
t i i PHASE 2
_ -- N
SME'N.T.S.
VICINITY MAP
JOT-0 SC/.LE
V
Y
O.N STEVENS WATER TREATMENT
PLANT REHABILITATION
PHASE 2
NUEC-ES RIVER
624
ANNAVILLE
77
w
2
Pr Background
r o�ect Corpu5 Chr 5ti
Engineering
• The ONSWTP provides treated drinking water to the
City of Corpus Christi.
• The City of Corpus Christi built the two-story filter
building at ONSTP in 1954.
• In 2013 Phase I of the Filter Building Rehabilitation
project renovated the North Wing Filter Building Two.
Project Scope
Corpus Chr sti
Engineering
Phase II
• Rehabilitate the South-wing of Filter Building 1.
• Create approximately 5,376 square feet of office space.
• Improved space will be energy-efficient, ADA
accessible, and fire-sprinklered.
The City of Corpus Christi has designated ONSWTP as a
hurricane shelter for essential employees.
C,7) Project Aerial & Sco ep Corn g Engineering
e
-
0"
. t
w
s� Sol
_ 1
i
Y
,' gyp. q• �
PHASE II
r�
5
Project Schedule
Corpus Chr sti
Engineering
2022 2023
J F M A M J J A S O N D J F M
ID/AWARD CONSTRUCTION .0
Projected schedule reflects City Council award in March
2022 with construction completion in March 2023.
0'�
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting April 19, 2022
DATE: March 21 , 2022
TO: Peter Zanoni, City Manager
FROM: Miles Risley, City Attorney
mrisley@cctexas.com
(361) 826-1941
Josh Chronley, Assistant Director of Contracts and Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Resolution authorizing renewal of property insurance, including All Risk, Flood, Named
Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle
Insurance Agency, Broker of Record,for the upcoming policy year(May 5, 2022-May 4, 2023),
for an annual premium of$3,927,242.
CAPTION:
Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm,
Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency,
Broker of Record, for the upcoming policy year (May 5, 2022-May 4, 2023), for an annual premium
of$3,927,242
SUMMARY:
The current property insurance policy expires May 4, 2022. This renewal is under current Broker of
Records Service agreement with Carlisle Insurance. Limits, coverage and deductible structures will
remain as per expiring policy.
BACKGROUND AND FINDINGS:
The City's Property Insurance Program currently carries property insurance coverage including: All
Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown
(Boiler/Machinery). The City's property insurance program is a multi-layered program comprised
of participating admitted and non-admitted commercial insurance carriers. In addition to traditional
insured property (buildings and contents), the City's schedule of insured property includes other
specialty insurance type risks: wharves, baseball stadium, docks, piers and fine arts. The City also
purchases through our broker of record agreement flood insurance for property located wholly or
partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency
Management Agency (FEMA) in Flood Zone A and V through the National Flood Insurance
Program that is not included in this amount).
Last year, our property insurers were unwilling to submit bids unless we updated our property
assessment. Our updated 2021 assessment increased our Total Insured Values (TIV) for Policy
year 2021-22 to $761,086,240. This year's policy year 2022-23 renewal is based on that
assessment with the additional acquisition of Frost Bank, which pushed our TIV to $769,065,740.
Worldwide catastrophic events the last five years continue to push property rates upward at levels
seen after Hurricanes Katrina and Rita. Last year it appeared for a period of time that rates were
stabilizing, however, that did not turn out to be the case, winter storm Uri, across Texas last year
affected property insurance rates and continued to affect the market. The City's recent property loss
history for Hurricane Harvey, Hurricane Hannah, and now Winter storm Uri is also another
contributing factor for the rate increase.
IN
Totallnsured/Value S $703,725,410 $704,560,606 $706,083,206 $761,086,240 $769,065,740
Property Rate(per$100 $0.2851 $0.3115 $0.4029 $0.4598 $0.5107
value)
Premium $2,110,480 $2,194,681 $2,884,565 $3,602,050 $3,927,242
Premium+/- $157,565 $85,367 $691,239 $751,633 $345,869
(7%increase (4%increase (32%increase (26%incr (10%increase
from prev yr.) from prev yr.) from prev yr.) from prev yr.) from prev yr.)
Limits/A11 Risk $250,000,000 $250,000,000 $250,000,000 $250,000,000 $250,000,000
Named Storm $150,000,000 $150,000,000 $150,000,000 $150,000,000 $150,000,000
FloodlEarthMovement $50,000,000 $50,000,000 $50,000,000 $50,000,000 $50,000,000
CoveragelPeril Deductible LVeductible Deductible Deductible Deductible
All Risk per occurrence $50,000 $50,000 $50,000 $50,000 $50,000
Flood per occur(storm surge $100,000 $100,000 $100,000 $100,000 $100,000
included)
NamedStorm 2%of Total 2%of Total 2%of Total 2%of Total 2%of Total
Insurable value Insurable value Insurable value Insurable value Insurable value
at the time of at the time of at the time of at the time of at the time of
the loss at each the loss at each the loss at each the loss at each the loss at each
location location location location location
involved in the involved in the involved in the involved in the involved in the
loss or damage loss or damage loss or damage loss or damage loss or damage
arising out of arising out of arising out of arising out of arising out of
the named the named the named the named storm the named
storm subject to storm subject to storm subject to subject to a storm subject to
a minimum of a minimum of a minimum of minimum of a minimum of
$100,000 any $100,000 any $100,000 any $100,000 any $100,000 any
one occurrence one occurrence one occurrence one occurrence one occurrence
and max of and max of and max of and max of and max of
$4,000,000 any $4,000,000 any $4,000,000 any $4,000,000 any $4,000,000 any
one occurrence one occurrence. one occurrence. one occurrence one occurrence.
Win&Hail per occur $50,000 $50,000 $50,000 $50,000 $50,000
Earth Movement per occur $50,000 $50,000 $50,000 $50,000 $50,000
Equipment Breakdown $2500 $2500 $2500 $2500 $2500
Boiler&Machine
Future strategies to address increasing premiums, if needed:
➢ Continue to work with departments to refine and scrub property schedule
➢ Review and deductible structure and consider increasing and retaining additional risk
➢ Consider analyzing feasibility of lowering coverage limits for the different types of perils
ALTERNATIVES:
Every year, the Risk Management Division obtains alternative bids for insurance coverage. The only
alternate bid that saved more than $100,000 was a bid for coverage that increased the deductibles across-
the board to $250,000 and 3% for Named Storm and maximum payment on Named Storm from $4 million
to $5 million. This alternative bid reduced the total annual premium from $3,945,893 to $3,779,618. The
potential savings from an alternative higher-deductible bid is relatively low in the first year, but savings
would increase in following years as a result of improved claims history.
Also, if this item is not approved, another alternative is for the City to fully self-insure property losses.
However, such an increase in risk might be considered a negative for the City's bond rating agencies. Any
decrease in credit rating would quickly absorb any self-insurance savings.
FISCAL IMPACT:
Risk Management included this expenditure in its FY 2022-2023 budget. The Risk Management fund is an
internal operating fund based on departmental property value cost allocation to each department. Approval
of this item is an annual reoccurring expenditure to limit the City's financial exposure under its current
property insurance program.
FUNDING DETAIL:
Fund: Fund 5611-Liab/EB Liab; Fund 1140-Business Job Dev; Fund 4710-Visitor Facility
Organization/Activity: Org. 40520-Ins Policy Premiums; Org.13826-Baseball Stadium;
Org. 13625-Arena Operations; Org. 13600-Convention Center/Auditorium Operations;
Mission Element: 005, 734, & 734
Project # (CIP Only):
Account: 537090-Flood Ins., 537095-Windstorm Ins., & 537420-Property Ins.
RECOMMENDATION:
Staff recommend the City renew its property insurance as illustrated above as per expiring with the same
coverage, limits, sub-limits, deductible structure and policy terms and conditions. Future premiums
renewals which are less may be subject to automatic renewal.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Historical TIV and Cost graph
Historical Timeline Property Rates graph
Texas City Property Survey
Resolution authorizing renewal of property insurance, including All
Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment
Breakdown insurance, through Carlisle Insurance Agency, Broker of
Record, for upcoming policy year (May 5, 2022 — May 4, 2023) in
exchange for annual premium of $3,927,242.
WHEREAS, the City utilizes its broker of record to obtain property insurance
including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment
Breakdown insurance for protection of the public health or safety of the municipality's
residents;
WHEREAS, the current coverages are subject to renew as of May 5, 2022;
WHEREAS, State law provides that such procurements, as outlined above, are
subject to statutory procurement requirements, including competitive bids, unless an
exception applies;
WHEREAS, the City Council finds that this procurement of property insurance
qualifies as an exception to competitive bidding under Local Government Code, Section
252.022(a)(2), as this procurement is necessary to preserve or protect the public health
or safety of the municipality's residents; and
WHEREAS, the City Council also finds that this procurement is authorized
pursuant to Texas Local Government Code Section 252.024, which authorizes a sole
broker of record to procure necessary coverages for insurance.
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 renew property insurance, including All Risk, Flood, Named Storm,
Wind/Hail, Earthquake, and Equipment Breakdown insurance, through City's Broker of
Record Carlisle Insurance Agency, for upcoming policy year (May 5, 2022 through May 4,
2023) in exchange for annual premium in the amount of $3,927,242..
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 1 of 2
Corpus Christi, Texas
day of 20
The above resolution was passed by the following vote:
Paulette M. Guajardo
Roland Barrera
Billy Lerma
John Martinez
Gil Hernandez
Michael Hunter
Ben Molina
Mike Pusley
Greg Smith
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
Page 2 of 2
City of PROPERTY INSURANCE
Carpus HISTORICAL TIV&COST
Christi
$900.0M $4,500,000
$800.0M $3,927,242 $4,000,000
53,499,738
$700.CM $3,500,000
w $2,976,323 $2,844,565
$600.0M $2,860,695 $3,000,000
o $2,673,799 $
w
MS 1.9�52.915 �M�-
$2,
:2 �
$2,500,000
z 52.110, 9
O $400.OM
$2,000,000
La
o $300.0M $1,500,000
$200.OM $1,OOfl,000
$100.OM $500,pOp
S.OM -- -- $
2g1g2qtit 2gt12gt2 2giZ2gt3 2g132g14 2p14,?M$ 2gy52g15 2g562gti1 2g112g18 7.0 8b * JgVg 0V vvs2A 102,2a 22 V222021
' PROPERTY T[W —Om.TOTAL COST
Al
CARLISLE
I N S U R A N C E
City of PROPERTY INSURANCE
ew Corpus HISTORICAL TIMELINE&RATES
Christi
TOTAL PROPERTY RATE
$0.6000
$0.5300 $0.5300
$0.5107
$0.5000 $0.4900 $0.4900
$0.4598
0.4384
$0.4029
$0.4000
nterStorms-$10-$20
20 separate$1 B+
$0.2875 $0.3115 weather/climate disasters
LU $0.2761 $0.2851
� Hard Market
0.3000
Hurricane Harvey,Irma,Maria-$88B Global Pandemic
CA Wildfires-$126
Losses from Civil Unrest-$1.5B
2017 Global Losses:115013 Record 30 Named Storms $76B
_,..
$0.2000 CA/COWildfires -$1313
' 16:Spring Texas Hail Storms $5.5B
12019 Global Losses:-$57BI
, :Sixteen$1 B+Weather Events in U.S. -
2016:Global Losses:-$51B
1
$0.1000 Hurricane Florence&Michael $15B
December2015 Flooding 8, CAWildfires$116
Tornadoes$413 118 Global Losses:-$80
2015 Global Lasses:-$32B 9
$0.0000 ..........................................................................................................................................................................................................................................................................................................................................
2010.2011 2011.2012 2012-2013 2013 2014 401A 2015 .105-2016 2016.2919 201J-2015 2018-2019 2019.2029 2p20.2021 2p21.2022 2p22.2023
CARLISLE
I N S U R A N C E
Texas Public Entity
PROPERTY SURVEY 2022
PREMIUM
PUBLIC ENTITY POLICY PERIOD PROPERTY INSURANCE LIMIT ANNUAL PREMIUM INCREASE/ TIV COMMENTS/REASON FOR INCREASE/SIGNIFICANT CHANGES
DECREASE(%)
Cityof H.—I, 9/1/2022-4/1/202. $200M $ 19,418,166 6.9% $ 10,6)0,990,)280.%TWi.ueazq TWindudez BI,ZOIl ler Yorm Urielimatedlozz$4M
CltyofArling— 10/1/2021-10/1/2022 $500M $ 685,961 36% $ 614,851,7174%TIVlncrease,Wfnt.,Smrm Urlestlmatedlos$875,000
CYtyof—tf, 10/1/2021-10/1/2022 $18 $ 6,863,629 26% $ 7,184,737,346 6% no @ata Iom,PDCan AEMeo erHQ;TIV
CYty of Co rpus ChrlsU 5/5/2021-5/4/2022 $250M AOP/$150M Named So— $ 3,505,754 8% $ 769,065,7407.79°h TIVlnoease
Clty of Dallas 10/1/2021-10/1/2022 $250M A0P/$100M Flood $ 6,610,423 25% $ 4,275,076,8183%TIV increase
Clty of Garland 10/1/2021-10/1/2022 $250M $ 2,946,639 9% $ 1,025,792,0831n g aeon,ex ues Boi er Maci ry 535K,
Cltyof San A-- 7/1/2021-7/1/2022 $18 $ 4,957,570 214% $ 4,197,629,737 11, ase doeto Wmt—to—URI,hall--t—dotherdalms
Clty of Sugar Land 10/1/2021-9/30/2022 $327.6M $ 506,877 4% $327.6M m perry ease mot en was
Port of Co rpus Ch,[,t 4/1/2022-4/1/2023 $125M $ 2,919,005 13% $ 435,209,075 Nolo—,,$3M Increase In Tl V,no changes In deductibles or llmlt
Port of Houston 3/1/2022-3/1/2023 $75M $ 1,754,453 9% $ 176,000,000
Fort Bend ISD 7/1/2021-6/30/2022 $100M $ 4,873,010 19% $ 2,191,916,777
H...—ISD4/1/2022-4/1/2023 $250M $17.6M 19% $5.5B ased Tl V and dalms loin wimter storm Url
Fort Bend County 4/1/2022-4/1/2023 $250M AOP/$50MNamed Storm $ 3,835,705 8% $ 7-92—,1-2 3,6853%TIincrease
Hauls County 6/1/2021-6/1/2022 $250M $ 6,651,010 10% 1$ 2,397,110,299 In aced TIV and dalms hlsmry(Wimter 3mrm Url,Hort—Harvey)
PROPERTY SURVEY 202
PROPERTY ANNUAL PREMIUM
PUBLIC ENTITY POLICY PERIOD INSURANCE PREMIUM INCREASE/
LIMIT DECREASE (%)
City of Atlanta, GA
City of Baton Rouge, LA
City of Birmingham, AL
City of Denton
City of Ft Lauderdale, FL
City of Tallahasse, FL
2
TIV COMMENTS/REASON FOR
INCREASE/SIGNIFICANT CHANGES
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/19/22
1852 Second Reading Ordinance for the City Council Meeting 04/26/22
DATE: March 21, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 11110 IH 37 (AKA Up River Road)
CAPTION:
Zoning Case. No. 0322-02 Elizabeth and Edelmiro Garza (District 1). Ordinance rezoning a
property at or near 11110 Interstate Highway 37 (AKA Up River Road) from the "RS-6" Single-
Family 6 District to the "CN-1" Neighborhood Commercial District.
SUMMARY:
The purpose of this rezoning is to bring the subject property into conformity to allow for a Mobile
Vendor Unit (MVU).
BACKGROUND AND FINDINGS:
The subject property is 0.1736 acres. To the north property is zoned "RS-6" Single-Family 6
District and is vacant. To the south is Interstate Highway 37. The east and west property is zoned
"RS-6" Single-Family 6 Residential and is vacant.
The property is an existing nonconforming lot due to taking of subject property land for
improvement son IH 37 Access. Prior to the onset of the COVID-19 Pandemic, the applicant ran
a successfully off-site "brick and mortar' restaurant. Due to the economic strain of the pandemic,
the applicant had to close the off-site restaurant. The closure prompted the applicant to open a
Mobile Vending Unit (MVU) on the subject property.
Conformity to City Policy
Although the proposed zoning is inconsistent with the Future Land Use Map, it is generally
consistent with many broader elements of the comprehensive plan.
Public Input Process
Number of Notices Mailed
10 within 200-foot notification area
1 outside notification area
As of March 22, 2022:
I n Favor In Opposition
1 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the 200-foot notification area* is in opposition.
"Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification
area.
Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition
ALTERNATIVES:
1. Denial of the zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood
Commercial District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Planning Commission recommended denial of the change of zoning from the "RS-6" Single-
Family 6 District to the "CN-1" Neighborhood District, in lieu thereof approval of the "RS-6/SP"
Single-Family 6 District with a Special Permit on March 9, 2022.
Vote Count.-
For:
ount:For: 8
Opposed: 0
Absent: 0
Abstai ned: 0
Staff recommends denial of the change of zoning from the "RS-6" Single-Family 6 District to the
"CN-1" Neighborhood District, in lieu thereof approval of the "RS-6/SP" Single-Family 6 District
with a Special Permit.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0322-02 Elizabeth and Edelmiro Garza: (District 1) Ordinance rezoning a
property at or near 11110 Interstate Highway 37 (AKA Up River Road) from the "RS-
6" Single-Family 6 District to the "CN-1" Neighborhood Commercial 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
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 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 described as Portion of Lots 4 and 5, Block 2, Buena Vista, as shown
in Exhibit "A":
From the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial
District.
The subject property is located at or near 11110 Interstate Highway 37. Exhibit A, which
is an associated map 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.
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 2 of 4
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 4
Exhibit A
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SUBJECT 12 10
PROPERTY
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0245,202:
CASE: 0322-02
Zoning and notice Area
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Page 4 of 4
Case No. 0322-02 Elizabeth and Edelmiro Garza: (District 1) Ordinance rezoning a
property at or near 11110 Interstate Highway 37 (AKA Up River Road) from the "RS-
6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special
Permit.
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
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 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 described as Portion of Lots 4 and 5, Block 2, Buena Vista, as shown
in Exhibit "A":
From the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a
Special Permit.
The subject property is located at or near 11110 Interstate Highway 37. Exhibit A, which
is an associated map attached to and incorporated in this ordinance.
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
following conditions listed below:
1. Use: The only uses authorized by this Special Permit other than uses permitted
in the base zoning district is a restaurant use for an outdoor Mobile Vending Unit
as an accessory use.
2. Hours of Operation: The hours of operation shall be limited to 6:00 A.M. to 10:00
P.M. daily.
3. Location of Mobile Vending Unit (MVU): The MVU must be established on-site
and outside of the street yard setback. Additionally, the MVU shall not be placed
nor operate within a right-of-way. The MVU may remain on-site for an unlimited
period as an accessory to the single-family home.
4. Utility Connections: The MVU may connect to utilities on-site via the appropriate
permits, if necessary. `
5. Parking: Four off parking spaces must be provided. The parking spaces must be
constructed of an all-weather surface and striped.
6. Other Requirements: The conditions listed herein do not preclude compliance
with other applicable UDC, Municipal Code, Building, or Health Department
requirements.
7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to
have expired within 12 months of this ordinance unless a complete Mobile Vending
Unit permit application has been submitted, and the Special Permit shall expire if
the allowed use is discontinued for more than six consecutive months.
SECTION 3. The 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 2 of 4
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 4
Exhibit A
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Page 4 of 4
ZONING REPORT
Case # 0322-02
Applicant & Subject Property
City Council District: 1
Owner: Elizabeth and Edelmiro Garza
Applicant: Elizabeth and Edelmiro Garza
Address and Location: 11110 Interstate Highway 37 (IH 37) Access (aka Up River Road),
located along the north side of IH-37 Access, east of Violet Road and west of Guth Road.
Legal Description: Lots 4 and 5, Block 2 Buena Vista Por
Acreage of Subject Property: 0.1736 acres
Zoning Request
From: "RS-6" Single-Family 6 District
To: "CN-1" Neighborhood Commercial District
Purpose of Request: To bring the subject property into conformity and allow for a Mobile
Vendor Unit (MVU).
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
Site "RS-6" Single-Family 6 Low Density Residential Low Density Residential
North "RS-6" Single-Family 6 Vacant Low Density Residential
South Interstate Highway 37
East "RS-6" Single-Family 6 Vacant Low Density Residential
West "RS-6" Single-Family 6 Vacant Low Density Residential
Plat Status: Property is platted.
Air Installation Compatibility Use Zone (AICUZ): Not located in an AICUZ area
Code Violations: None.
Transportation & Circulation
Urban Street' Designation' Section Proposed' Section Existing'
IH 37 Access F1 NA 2 Lanes
(Up River Road) Freeway/Expressway 40 Feet
Road Segment Length Total 2 Total 2 Volume to 2
Volume Capacity Capacity Ratio
.20 miles
IH 37 Access (south from IH 37 /
(Up River Road) Violet Road 8,108 21 ,918 0.37
intersection to IH 37
ingress)
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Transit: The Corpus Christi RTA provides service to the subject property (.5 miles) via Bus
Route 27.
Zoning Report
Page 2
Utilities
Water: 20-inch CIP service line located along the front property line.
Wastewater: No current service.
Gas: 6-inch WS service line located along the front property line.
Stormwater: Storm ditch CL2 running along the front of property line.
Corpus Christi Comprehensive Plan
Plan CC: Provides a vison, principles, goals, and strategies, to guide, regulate, and manage
future development and redevelopment within the corporate limits and extraterritorial jurisdiction
(ETJ) was adopted in 2016.
Area Development Plan: According to Plan CC the subject property is located within the
Northwest Area Development Plan (ADP) (Adopted January 9, 2001 ). There are currently no
plans to update the ADP.
Future Land Use Map: Proposed low density residential uses.
Water Master Plan: Proposed increase to a 24-inch service line.
Waste Water and Stormwater: Currently, there are no proposed improvements.
Parks and Recreation Master Plan (2012): Park Planning Area 1
Public Notification
Number of Notices Mailed — 10 within 200-foot notification area
Returned Notices: In Favor — 1 inside notification area
In Opposition — 0 inside notification area
0.00% in opposition within the 200-foot notification area
Public Hearing Schedule
Planning Commission Hearing Date: March 9, 2022
City Council 1St Reading/Public Hearing Date: April 19, 2022
City Council 2nd Reading Date: April 26, 2022
Property Background:
• Existing nonconforming lot due to taking of subject property land for improvements on
IH 37 Access.
• Prior to the onset the COVID-19 pandemic, the applicant ran a successful, off-site "brick
and mortar" restaurant.
• Due to the economic strain of the pandemic, the applicant had to close the off-site
restaurant.
• The closure of the off-site restaurant prompted the applicant to open a Mobile Vending
Unit (MVU) on the subject property.
Comprehensive Plan Consistency:
Plan CC: The proposed rezoning is generally consistent with following:
• Promote the proper location of land uses based on compatibility, locational needs, and
characteristics of each use. (Future Land Use, Zoning and Urban Design)
• Encourage orderly growth of residential, commercial, and industrial areas. (Future Land
Use, Zoning and Urban Design)
• 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)
Zoning Report
Page 3
• Promote a community culture that recognizes and embraces innovation and
entrepreneurship. (Economy and Work Force)
• Promote interconnected neighborhoods with appropriate transitions between lower-
intensity and higher-intensity land uses (Future Land Use, Zoning and Urban Design)
Northwest Area Development Plan: The proposed rezoning is generally consistent the
following:
• Commercial development of a small scale for convenience needs is necessary and
desirable to serve the outlying portions of the Plan area.
Future Land Use Map: The proposed rezoning is inconsistent with the Future Land Use map:
• Low-density residential use
Staff Analysis: "While the comprehensive plan is consulted when making decisions about
rezonings. . . It does not justify the denial of a plat or the development of land." (Plan CC). Staff
reviewed the subject property's background information and the applicant's purpose of the
rezoning request and conducted research into the properties land development history to include
platting, zoning, existing surrounding land uses and potential code violations. Staff compared
the proposed zoning's consistency with the applicable elements of comprehensive plan. As a
result of the above analysis staff notes the following:
• Although the proposed zoning is inconsistent with the Future Land Use Map, it is generally
consistent with many broader elements of the with the Comprehensive Plan.
• Future Land Use Map for the subject property and more importantly surrounding properties
considerably lacks uniformity with a mix of low-density-residential, medium-density
residential as well as commercial uses in adjacency.
• The Future Land Use Map for the properties nearly adjacent to the east and west plan for
commercial uses.
• Subject property is 150 feet to commercial zoning ("CG-2" General Commercial District,
7-Eleven) to the west and 450 feet commercial zoning ("CN-1" Neighborhood
Commercial, vacant) to the east.
• Four adjacent properties to the north, west and east are vacant. Properties to the east
have been vacant since at least 2008 and are less than 3,000 square feet each.
• As a result of governmental land takings and decades old vacancies, the geographic
layout of the subject property is isolated from nearby residential adjacency.
• The subject property is the only occupied, residential property in the adjacent neighborhood
that fronts IH 37 Access and as such does not have the same residential character.
• Ingress/egress are aligned with the commercial uses on IH-37 Access versus those of the
residential uses on Guth Road.
• An MVU currently operates successfully on the subject property.
• The proposed rezoning will bring the property and associated uses into conformity with
Unified Development Code.
• While the applicant requested the "CN-1" Neighborhood Commercial District, the granting
of the "CN-1" District would render the single-family home a nonconforming use.
Additionally, the applicant intends to remain living in the existing single-family residence.
• The nearest adjacent and occupied residential property has submitted a notification letter
in favor of the rezoning.
Zoning Report
Page 4
After evaluation of case materials provided and subsequent staff analysis including land
development, surrounding uses and zoning, transportation and circulation, utilities,
Comprehensive Plan consistency and considering public input, staff proposes maintaining
property's residential base zoning but including a Special Permit for restaurant uses limited to
one MVU. Staff has prepared a Special Permit to allow the legal establishment of the MVU with
conditions as an accessory use to the remaining single-family home.
Planning Commission and Staff Recommendation (March 9, 2022): Denial of the change of
zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District,
in lieu thereof approval of the "RS-6/SP" Single-Family 6 District with a Special Permit and
subject to the following conditions:
1. Uses: The only uses authorized by this Special Permit other than uses permitted in
the base zoning district is a restaurant use for an outdoor Mobile Vending Unit
(MVU) as an accessory use.
2. Hours of Operation: Hours of operation shall be from 6:00 A.M. to 10:00 P.M. daily.
3. Location of Mobile Vending Unit: The Mobile Vending Unit must be established
on-site and outside of the street yard setback. Additionally, the MVU shall not be
placed nor operate within a right-of-way. The MVU may remain on-site for an
unlimited period as an accessory use to the single-family home.
4. Utility Connections: The MVU may connect to utilities on-site via the appropriate
permits if necessary.
5. Parking: Four off-street parking spaces must be provided. The parking spaces must
be constructed of an all-weather surface and striped.
6. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC, Municipal Code, Building, or Health Department
requirements.
7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to
have expired within 12 months of this ordinance unless a complete Mobile Vending
Unit permit application has been submitted, and the Special Permit shall expire if the
allowed use is discontinued for more than six consecutive months.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Returned Notifications
Zoning Report
Page 5
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Manning to attend this meet, may require special ser% quested to contact the Develeprn ervices
Departm, d hours in advance at(361)826-a, has con Incapacidades tidnen la intencidn de asistir a esta• isy pue
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CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0322-02
Elizabeth & Edelmiro Garza have petitioned the City of Corpus Christi to consider a change of zoning from
the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, resulting in a
change to the Future Land Use Map.The proposed change of zoning is to allow for commercial uses.
The property to be rezoned is described as:
A property located at 11110 Up River Road and described as Portion of Lots 4 & 5, Block 2, Buena
Vista Por,located along the north side of Interstate Highway 37 Access Road,north of Up River road,
and west of Guth Road.
The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate
zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's
Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council.The public hearing will be held Wednesday, March 9,2022,
during one of the Planning Commission's regular meetings, which begins at 6:30 p.m. in the City Council
Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this
rezoning request. For more information, pilease call (361) 826-3240.
TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY
OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O.
BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES
PUBLIC RECORD.
NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a
member or members of this Commission with an applicant or appellant concerning an application or
appeal, either at home or office, or in person, by telephone call or by letter.
Printed Name: R__y J,1 E p k So-5a- Sr.
Address: 4.70q C-7�4c I k L nt City/State: (0 q a
(]Y�l,. IN FAVOR ( ) IN OPPOSITION Phone:_ l -f3'1$ 03_,7 6
EASON:
Signature
SEE MAP ON REVERSE SIDE Case No 0322-02
INFOR Case No.:22ZN1006 Case Manager Elena Buentello
Property Owner 113 2 Email:elenab@cctexas.com
Zoning Case #0322-02
Elizabeth and Edelmiro Garza
Rezoning for a property at 11110 Interstate 37
(aka Up River Road)
From "RS-6" To "CN-1"
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City Council
April 19, 2022
Zoning Pattern and Adjacent Development
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' Existing Zoning.
p'CG-2 ,, ,.: �., "RS-6" Single-Family 6 District
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Proposed Use:
Single-Family Residential with Mobile
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• South: Interstate
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Public Notification
30 Notices mailed inside 200' buffer 2
5 Notices mailed outside 200' buffer
5
Notification Area °
s 0 8
Opposed: 0 (0.00%)
2
Separate Opposed Owners. 0 _2
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In Favor: 1 (7.24%) Rs-6 SUBJECT
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Percentage of public opposition
3
Staff Analysis and Recommendation
• Although the proposed zoning is inconsistent with
b` the Future Land Use Map, it is generally consistent
G with many broader elements of the with the
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Comprehensive Plan.
C 6-2 Future Land Use Map for the subject property and
more importantly surrounding properties
considerably lacks uniformity with a mix of low-
density-residential, medium-density residential as
well as commercial uses in adjacency.
• Subject property is 150 feet to commercial zoning
cG-z¢oR- � ("CG-2" General Commercial District, 7-Eleven)to
CG-2 � t the west and 450 feet commercial zoning ("CN-1"
Neighborhood Commercial,vacant)to the east
• Due to the construction of IH-37, subject property
SUBJECT` is inconsistent with the original plat and has lost
PROPERTY 4 the original neighborhood character.
zEro The proposed rezoning will bring the property and
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associated uses into conformity with Unified
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Development Code
However, a special permit with a single-family
residential base zone will allow for the residential
use by-right in addition to the accessory food truck.
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Permit and retaining the base zoning.
Staff Recommendation:Denial in lieu of a Special
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Special Permit Conditions
1. Uses: The only uses authorized by this Special Permit other than uses permitted in
the base zoning district is a restaurant use for an outdoor Mobile Vending Unit (MVU)
as an accessory use.
2. Hours of Operation: Hours of operation shall be from 6:00 A.M. to 10:00 P.M. daily.
3. Location of Mobile Vending Unit: The Mobile Vending Unit must be established on-
site and outside of the street yard setback. Additionally, the MVU shall not be placed
nor operate within a right-of-way. The MVU may remain on-site for an unlimited period
as an accessory use to the single-family home.
4. Utility Connections: The MVU may connect to utilities on-site via the appropriate
permits if necessary.
5. Parking: Four off-street parking spaces must be provided. The parking spaces must
be constructed of an all-weather surface and striped.
6. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC, Municipal Code, Building, or Health Department requirements.
7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within 12 months of this ordinance unless a complete Mobile Vending Unit
permit application has been submitted, and the Special Permit shall expire if the
allowed use is discontinued for more than six consecutive months.
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µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/19/22
1852 Second Reading Ordinance for the City Council Meeting 04/26/22
DATE: March 21, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 4130 South Alameda Street
CAPTION:
Zoning Case No. 0222-05 ERF Real Estate, Inc. (District 2). Ordinance rezoning a property at or
near 4130 South Alameda Street from the "RM-1" Multifamily District and the "RM-1/SP"
Multifamily District with a Special Permit to the "CN-1" Neighborhood Commercial District.
SUMMARY:
The purpose is to allow for a commercial use.
BACKGROUND AND FINDINGS:
The subject property is 2.183 acres. To the north property is zoned"RS-6"Single-Family 6 District.
To the south and west"CN-1" Neighborhood Commercial District and to the east property is zoned
"RM-1" Multifamily District.
Conformity to City Policy
The proposed rezoning to the "CN-1" Neighborhood Commercial District is inconsistent with the
adopted Comprehensive Plan (Plan CC) and the Southeast Area Development Plan.
Public Input Process
Number of Notices Mailed
21 within 200-foot notification area
1 outside notification area
As of March 22, 2022:
In Favor In Opposition
1 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the 200-foot notification area* is in opposition.
"Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification
a rea.
Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition
ALTERNATIVES:
1. Denial of the zoning from the "RM-1" Multifamily District and the "RM-1/SP" Multifamily
District with Special Permit to the "CN-1" Neighborhood Commercial District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Approval of the change of zoning from the "RM-1" Multifamily District and the "RM-1/SP"
Multifamily District with Special Permit to the "CN-1" Neighborhood Commercial District.
Vote Count:
For: 8
Opposed: 0
Absent: 0
Abstai ned: 0
Staff recommends approval of the rezoning request.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0222-05, ERF Real Estate: (District 2) Ordinance rezoning property at or
near 4130 South Alameda from the "RM-1" Multifamily District and "RM-1/SP"
Multifamily District with a Special Permit to the "CN-1" Neighborhood Commercial
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
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 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 described as 2.183 acres out of Lot 1 , Block 1 , Carmelite Home Tract,
as shown in Exhibit "A":
from the "RM-1" Multifamily Distict and "RM-1/SP" Multifamily District with a Special
Permit to the "CN-1" Neighborhood Commercial District.
The subject property is located at or near 4130 South Alameda Street. Exhibit A, which
is a map 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.
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 2 of 7
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 7
Exhibit A
JPH Land Surveying, Inc.
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D.F.W. * C'e.ntrar Texas * West Texas * f#itc t�prf q
PAGE 1 OF?
TRACT DESCRIPTION
FIELD NOTES to that certain tract being a portion of Lot 1, Block 1.
C:arnielite Hese Tract, an addition m the City of Corpus Christi,Naeces
Cotmty,Texas according to the plat recorded in Volume 43,Page 80,Plat
Records,Nueces County,Texas,with the current caning designation of RM-ISP;the subject tract
is more particularly described as follows(bearings are based on the Texas Coordinate System of
1983,South Zane):
BEGINNING at a 518 inch capped febar stamped 'Brister" faimd on the m":"nimiented northeast
fight of way of S.Alameda Street(no dedicating document foimd),at the}vest corner of said Lot
1,from which a 5r 8 inch capped rebar stamped'''Brister"found at the westerly beginning of a curve
at the south corner of Lot 1 bears SOUTH 31'20'13-EAST a distance of 568.58 feet„
THENCE NORTH 58041'42"EAST,with the northwest line of Lot 1, a distance of 475.00
feet;
THENCE SOUTH 31`20'13"EAST,through the interior of Lot 1,a distance of 100.00 feet;
THENCE SOUTH 58°41'42"'WEST,continuing through the interior of Lot 1, a distance of
47 5.00 feet to the southwest line of List 1;
THENCE NORTH 31°20'13" VMST. with the southwest line of Lot 1 (ahovm to be the
northeast right of way of S.Alameda Street on the plat of Calruelite Howie Tract),
a distance of 100.00 feet retwumg to the POINT OF BEGEgNING and eaclosmg
1-090 acus (147,500 square feet).
Jewel Chadd
Registered Professional .{}F x _F
Land Surveyor N°5754
iewelir�tuhls.corm r. .
February 4,2022 JF,A CFJA a
Project M 2021.022-051 ,., 57=• ,,,., `
Proposal M HOU5078
Dallas-Fart 11-arth Central Texas Wea Teras Houston
785 Lxmxme Ekwe Tr. 1516 H Palmi Valley Blvd-,A1.4 426 Cxiah3M Skeet 11511 K2ty Fwy.,515
Hum,Texas 76054 Round 1 Dck,Texas 780664 Tuscola,Texas 79562 HoustX,Texas 77079
(817)431-4971 (512)778-5588 (325)672-7420 (281)812-2242
FM1910019500 1 WWWJPELANDSC7RVEYING.COM
Page 4 of 7
LWEND OF ABBREVULUONS i atONT—MLVFS I BE.4FI*GBASIS
P-F N.C.T. Plat Records ofNueres Cmurtv,Trrm E BIT Mumme■1g are fomd U mm m�rl€ed\ffS or C RS.
O.P R_N.C.T. Official Public Records od:Nueces Ca oty.Teras PAGE 2 OF? B����based�Grid Nardi Te a=_ aaei�ase
C R W C.T. Deed Records odNueces County,T&. System of 1483.Sarah Zane
F:1B=POC PoiWafBep�PadmofCommenroninv
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ZONWGMAP D43038
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VOL. 43,P . SO
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_1.121-022.051 4130 S.Alameda St,Carpus Christi Nuexes Jewel Chard 1.090 ACRE
Co.,Tx-RM ZONING.41wg
(D 2022 JPH Land Surveying,Inc.-All Rights Resersn--ed Registered Professional S=ATED IN
785 Lonesome Dace Trail,Hirst,Texas 76054 Land Sun eyor No_5754 LOOT 1, BLOCK 1
Telephone(8 17)431-4971 n•ww.jphland,-mTeying.corn j—eL@jPWs.c— CARMEL= HOME TRACT
TBPELS Firm 410019500 February 4,2422 CORPUS CHRISTI
DFW-Houston±I Central Tears I West Texas NUECES COUNTY,TEXAS
Page 5 of 7
JRH Land Surveying, Inc.
D.F.W * Centra! Texas * West Texas * Houston
EDIT
PAGE 1 OF 1
TRACT DESCRIPTION
FIELD NOTES to that certain tract being a portion of Lot 1, Block L
Carmelite Home Tract, an addition in the City of Corpus Christi,Nueces '
County,Texas according to the plat recorded m Volume 4-3,Page 80,Plat S�r
Records,Nueces County Texas,with the current zoning designation ofRM-1;the subj ect tract is
more particularly described as follows (bearings are based on the Texas Coordinate System of
1983,South Zone):
C014BEENC:UG at a M inch capped rebar stamped "Bristee' found on the monunwated
northeast right of way of S.Alameda Street(no dedicating docunimt found),at the west corner of
said Lot 1. from which a 5/8 inch capped rebar stamped"Brister"found at the westerly begtnniug
of a cur4-e at the south corner of Lot 1 bears SOUTH 31°20'13"HAST a distance of 5 68.5 8 feet,
THENCE NORTH 58°4-1'42"EAST,with the northwest line of Lot P,a distance of 475.00 feet;
THENCE SCUTE 31020'13"EAST, through the interior of Lot 1,a distance of 100.00 feet to
the POEV T OF]BEGINNING;
THENCE SOUTH 31°20'13"EAST, continuing through the interior of Lot 1, a distance of
211.28 feet to the southeast line of Lot 1 (Ei;e&att Road);
THENCE SOUTH 28°39'10" WEST, with the said southeast line of Lot 1, a distance of
248.65 feet;
THENCE NORTH 31"20'13-IXFEST,through the interior of Lot 1,a distance of 315.74 feet;
THENCE NORTH 58°41'42"EAST, contimiing tlu-crq h the interior of Lot 1, a di,tzmce of
180.68 feet returning to the POINT OF BEGEgNII\G and enclosing 1.093 acres
(+47,612 square feet).
Jewel C'hadrl
Registered Professional ,;st .�
Land Surveyor N°5754 r
ieweliawhls.con .s. . . .
February 4,2022 .Y...... 6764 f F.—
�
Project M 2021.022.051 �• wi
Proposal M HOUM78 SUi
Dallas-Fart tt-arth Central Texas rest Teras Houston
765 Lxmz n e Deo;.-e Tr. 1516 E Patin ValW Blvd-,A4 426 Cnaham Shit 11511 Katy Fury.,515
Hast,Texas 76054 R mdF a,Texas 78664 Twcola,Texas 79562 H tstam,Texas 77M
(617)431-4971 (512)778-5688 (325)672-7424 (281)812-2242
FEW#100195001%1%1WJPHL4NDSLRVEYING.00M
Page 6 of 7
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Scale: 1"=100'
Job No. s` a EXHIBIT SHOWLNG
022.051413 0 S.,lamella St.,Corpus Christi,N Jewel Chadd 1.093 ACRE
Co..Tm-RM ZONING_dssg
@ 2022 JPH Land Sunwfing,Inc.-All Rifts Re�zen-ed Regm&Ted Professional S=ATED IN
765 Lonesome Dove Trail,Hurt,Texas 76034 Land Sun eyar No.3754 LOT 1, BLOCK 1
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Page 7 of 7
ZONING REPORT
Case # 0222-05
Applicant & Subject Property
Owner: ERF Real Estate, Inc.
Applicant: ERF Real Estate, Inc.
Address and Location: 4130 South Alameda Street, located along the east side of South
Alameda Street, south of Caramel Parkway, and north of Everhart Road
Legal Description: 0.82 acres out of Lot 1 , Block 1 Carmelite Home Tract
Acreage of Subject Property: 0.82 acres
City Council District: 2
Zoning Request
From: "RM-1" Multifamily District and "RM-1/SP" Multifamily District with a Special Permit
To: "CN-1" Neighborhood Commercial District
Purpose of Request: To allow for a commercial use.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
"RM-1/SP" Multifamily Vacant
Site with a Special Permit "Former Mt. Carmel Site" High Density Residential
North "RS-6" Single-Family Low Density Residential Medium Density Residential
South "CN-1" Neighborhood Vacant and High and Medium
Commercial District Low Density Residential Density Residential
East "RM-1" Multifamily Vacant High Density Residential
"CN-1" Neighborhood Professional Office
West Commercial District and Commercial Commercial
Plat Status: Property is not platted.
Air Installation Compatibility Use Zone AICUZ : Not located in an AICUZ area
Trans ortation & Circulation
Street Urban Transportation Proposed Existing Traffic Volume
Plan Type Section Section
South Alameda ,A2" Secondary Arterial 100' ROW 112' ROW 12,967 ADT (2015)
Street 54' paved 65' paved
Everhart Road "A1" Minor Arterial 95' ROW 85' ROW Not Available
64' paved 30' paved
Utilities
Water: 6-inch PVC line located along South Alameda Street
Wastewater: 8-inch VCP line located along South Alameda Street
Gas: 2-inch service line located along Everhart Road
Stormwater: Carmel Parkway drainage ditch located along the northern property line.
Corpus Christi Comprehensive Plan
The subject property is located within the Southeast Area Development Plan (Adopted July 11 ,
1995) and is planned for high density residential uses based on the Future Land Use Map. The
proposed rezoning is inconsistent with the Comprehensive Plan.
Zoning Report
Page 2
Public Notification
Number of Notices Mailed — 20 within 200-foot notification area
Returned Notices: In Favor — 1 inside notification area
In Opposition — 2 inside notification area
3.05% in opposition within the 200-foot notification area
Public Hearing Schedule
Planning Commission Hearing Date: February 23, 2022
City Council 1St Reading/Public Hearing Date: April 12, 2022
City Council 2nd Reading Date: April 19, 2022
Comprehensive Plan Consistency: The proposed rezoning is inconsistent with the
comprehensive plan. Staff considered the following policies to determine plan consistency:
• Promote the stabilization, revitalization, and redevelopment of older neighborhoods. (Plan
CC: Future Land Use, Zoning and Urban Design)
• Encourage orderly growth of new residential, commercial, and industrial areas. (Plan CC:
Future Land Use, Zoning and Urban Design)
• 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. (Plan CC: Future Land Use, Zoning and Urban Design)
• Promote compact and walkable mixed-use urban villages that concentrate retail and services
within walking distance of neighborhood residences and where they could support improved
public transportation service, such as expected major bus stations and future stops for bus
rapid transit, creating "transit-ready" locations. (Plan CC: Future Land Use, Zoning and Urban
Design)
• Promote interconnected neighborhoods with appropriate transitions between lower-intensity
and higher-intensity land uses. (Plan CC: Future Land Use, Zoning and Urban Design)
• Support the separation of high-volume traffic from residential areas or other noise-sensitive
land uses. (Plan CC: Future Land Use, Zoning and Urban Design)
• Screening fences, open space or landscaping can provide an essential buffer between
shopping and residential areas. (Plan CC: Future Land Use, Zoning and Urban Design)
• Noise impacts from non-residential uses should be reduced by creating a buffer open space
between the two areas. Such spaces may be landscaped areas, a street, a screening fence,
larger setbacks, etc. These methods can be used singularly but are usually most effective
when applied in combination to provide the desired effect. (Southeast ADP: Land Use)
Staff Analysis: The proposed zoning is inconsistent with the adopted Comprehensive Plan
(Plan CC).
• The future land use designation of high-density residential is due to the former Mount Carmel
Assisted Living Center. Currently, the Southeast ADP (now known as the Bayside ADP) will
update the future land use map for the entire area.
• The proposed rezoning is compatible with neighboring properties that are zoned commercial
as the subject property is part of the South Alameda Street/Everhart Road commercial node.
However, a portion of the subject property is further encroaching along Everhart Road into
the single-family residential neighborhood.
Zoning Report
Page 3
• The "CN-1" Neighborhood Commercial District allows the following uses by-right:
Apartments, Group Living Uses, Day Care, Community Service, Medical Facilities, Offices,
Overnight Accommodations, Restaurants, and Retail Sales and Service Uses.
• The subject property was part of the initial 2018 rezoning case to the "CN-1" District from
the original designation of the "RS-6" Single-Family 6 District. The rezoning case ended with
increasing the base zoning to the "RM-1" Multifamily District and adding a special permit for
a portion of the property due to neighborhood opposition.
• An additional item of concern from the previous rezoning case focused on the commercial
intrusion into the adjacent single-family neighborhood Currently, the commercial zoning
approved in 2018 lines up with adjacent commercial properties along the Everhart Road
frontage (Town and County Shopping Center).
• The approved special permit language limited hours of operation, increased landscaping
requirements, and prohibited uses such as Section 5.1.5.E "Medical Facility" except blood
plasma donation center, Minor Emergency Center, or Hospital, Section 5.1.4.0 "Office",
Section 5.1.4.F "Restaurant" except for restaurants with a drive-through or drive-in facility
as an accessory use, and Section 5.1.4.G "Retail Sales and Service" except convenience
goods.
• Since the approval of the special permit in 2018, further development of the subject property
has not occurred.
• The subject property has an existing buffer to the Carmel Parkway neighborhood due to the
Carmel Parkway Ditch (approximately 75-feet wide). Additionally, as the ditch and property
to the north is zoned "RS-6" Single-Family 6 District, a Type B zoning district buffer yard
consisting of 10-feet and 10-points will be required at the time of site development.
• Everhart Road is currently constructed to half of the designated arterial road per the Urban
Transportation Plan. Traffic generated will not only interact with the adjacent single-family
neighborhood but will be channeled onto a two-lane street that may not be capable of
absorbing the increased traffic demands. An increase in the intensity of zoning along the
Everhart Road frontage will encourage cut-through traffic into the single-family
neighborhood located to the east across Everhart Road.
• The subject property is located on a Corpus Christi Regional Transportation Authority
(CCRTA) transit route. Specifically, Route 5 (Staples Street Station to Texas A&M
University-Corpus Christi and Naval Air Station-Corpus Christi).
Planning Commission and Staff Recommendation (March 9, 2022): Approval of the change
of zoning to the "CN-1" Neighborhood Commercial District.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
Zoning Report
Page 4
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RM-1 Multifamily t IL Light Industrial Nc, i•`
RM-2 Multifamily 2 IN Heavy Industrial
RM-3 Muitlfamily3 PND Planned Unit D.,Overlay ^•R4
GN P'rofaselonal Offlce RS-10 Single-Family 10
RM-AT Multifamily AT RS-a Single-Femlly 6 Q s
CN-1 Neighborhood Commercial RS4.5 Single-Family 4.5 mb
CN-2 Neighborhood Commercial RS-TF Two-Family A4 ko
CR-1 Resort Commercial RS-15 Single-Famiy lb r� 4°,p
CR-2 Reaort Commercial RE Residential Estate SUBJECT
CG-1 General Commercial RS-TH Townhouse —PROPERTY
CG-2 General Commercial SP Special Permit �
CI In naive Comme rclal Ry Recreational Vehicle Park
CBD Downtown Commercial RMH hUnutactured Home
CR-3 Resort Com mercial
FR Farm Ruml
HHistoric Overlay
NP Business Park
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,LOCATION MAP
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Zoning Report
Page 5
Parsons with dmab,lrhe6 piinfang to attend this meeting,who may require special services _" ,
clepartmerM at*ask 48 hours In advance at(361)826-3240 ftMLIJI o>1 inC aCidides our[*r-en a YnteMcicr tle a8I X a Cx-4 ur"aY 9w
jMwisn t n v h n I n II rn n rvrcfos de riot
ati ro 361)626-.,;20
H you witch to address the Commission during the meeting and your English is limited,piece call the Development 5ervloes i]aWmen!at(361)
826.3240 at feast 48 harra in absence to request an rilerpreter be prese n1 during the meeting Si In t"virrigiumon durante la
iunts V sy inaft 21 limtw 13611 826-3240 al antes de la
IIlnti Dim&j!gilar girl Intjlrvpr(ete A! pre%entC dvarite.la;vs!a
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0222-05
ERF Real Estate, inc. has petitioned the City of Corpus Christi to consider a change of zoning from the
"RMA/SP" Multifamily District with a S12ecial Permit to the"CN-1"Neighborhood Commercial District,
resulting in a change to the Future Land Use Map. The proposed change of zoning is to allow for
commercial uses. 'The property to be reza•iec is described as
A property located at or near 4130 South Alameda Street and described as 14.01. acres out of Lot 1,
Block 1 Carmelite Home Tract, located along the east side of South Alameda Street, south of Caramel
Parkway, north of Everhart Road.
The Planning Commission may recommend to City Council approval or denial or approval of an interrredlate
zoning classification and/or Special Permit Approval of a change of zoning, d inconsistent with the City's
Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council The public hearing will be held Wednesday.February 23,
202., during one of the Planning Commission's regular meetings. which begins at 6:30 p.m., in the City
Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views
on this rezoning request For more information. please call(361)826-3240.
TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPER?
OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPAR T MV N l 0 U
BOX 9277,CORPUS CHRISTI,TEXAS 79469-9277 ANY INFORMATION PROVIDED BELOW BECLDME a
PUBLIC RECORD
NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a
member or members of this Commission with an applicant or appellant concerning an application or
appeal, either at home or office, or in person, by telephone call or by letter.
Printed Name: 11/ r ary L�ta.k,e '1-141 r't 'V,
Address :, _ r,wwl_ �r_ carat. City/State: C .4,2vr CAr.d,r iY
{ 'l IN FAVOR (K)IN OPPOSITION Phone. ,P!/- -211- '797-1-
REASON
7 7-1JREASON
Signatures
SEE MAP ON REVERSE WE Case No 022245
INFOR Case No.22ZN 1044 Case Manager Andrew Doras
Properly owner ID 11 Email andrewd@cctexas corn
Zoning Report
Page 6
PL rch disabIrlres planning to attend moelrig,wt o may require spe"I semlceis are requested to contact the Orewelopment!i,,
Pont at least 4.8 hours in adwame al 1361]826-324D ter9ct'las oan incsUa,crdaDex 1r2 tidngp la rrUirwign,go i6�9t1r rdv WFC jL
Myoe(ga serwctos eawa s se les suolida eja 12r_q M4 la dF IB 1un48 Ildnan deamnamewn dr sc rc;ce ..yerar^clic_ e,
rvu,e�+rc!J6ty 926.32411
If ow wish%)address the Commission dunng the mastsrg and your English is hneyed,pleaW call the Develapme-111:Servv:—r rr:,r^-r,,r F
926.3240 at least 49 hours In a SMO 10 request an inlerritali to Pvwt during the meatn!g Si uslied diii dit. tree a,la—'r or 3 its. _
I&LMkyt xu qgL"Pos limilado.tW&de Ilamar al dowartaim nto des srrvtaos da as. ,Ta W numrrno t3811$.2$724.".,;,I r,- -r• ras ate Cs rn
puMx Rena s0tcrter�m inft re_—s___eaente dursMF a ants
F
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No, 0222-05
ERF Real Estate, Inc. t)as petitioned the City of Corpus Chnsti to consider a change of zoning from the
RM-1/SP"Multifamily District with a Special Permit to the"CN-1"Neighborhood Commercial District„
resulting in a change to the Future Land Use M,rap. The larog2sed change of zoning is to allow for
commercial uses. The property to be rezo^r d is described as
A propprty located at or near 4130 Suuth Alameda Street and described as 4.82 acres out of Lot 1,
Block 1 Carmelite Home Tract, located along the east side of South Alameda Street,south of Caramel
Parkway, north of Everhart Road.
The Planning Commission may recommend to City Council approval or denial or approval of an intermediate
zoning classification and/or Special Permit. Approval of a change of zoning. if inconsistent with the City's
Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Councit The public heaving will be Weld Wednesday,February 23,
292.2
during one of the Planning Commission's regular meetings, which treglns at 8;30 mm., in the City
Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views
on this rezoning request.For more information, please call(381)826-3240
TO 8E ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE. CURRENT' PROPERTY
OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O.
BOX 9277,CORPUS CHRIST],TEXAS 78489.9277 ANY INFORMATION PROVIDED BELOW BECOMES
PUBLIC RECORD.
NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a
member or members of this Commission with an applicant or appellant concerning an application or
appeal,either at home or office, or in person, by telephone call or by letter-
Print3a ]Saone I� l� \ t S Ve I C,
Address _ 1 2 4 i S �.y"� C t �I rl CltyfStale L(� 6
I.I IN'FAVOR ( IN OPPOSITION Phone._� I� t�
REASON.
Sig niire
SEE VP ON REVERSE WOE Case No 0222-05
INFOrCase,No 22ZNIW4 Cno Manager ArWewr Dimas
Proli Owrier 10 0 Email ar#ntwd@odaxas corn
Zoning Report
Page 7
s�sons wath drsa bil4ies Planning to adtand this meeting,who may rewire special services.are requesled to contact the Development Ser
Department al least 48 hours in advance at (361)8211.3240 eMoM gN inomac dedes.W IWW to r a ea un
rectuteren seri I deb iunts Ila
r!0yro(MI 1 826.3240.
If yov werh to address the commission during the meeting and your English is limited,paeese cat the Developmen!Services.Department at(361)
B26-3240 at least 48 hours in advance to request an interpreter be present during the meeting. a dr t
u lim r os de n' ro 367 4 4 0 1
lunt l gars snacW a,n jalliMM ser oMerrle duranle to juift
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0227-05
ERF Real Estate Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the
"RM-11SP"Multifamily District with a Special Permit to the"CN-1"Neighborhood Commercial Distric
resulting in a change to the Future Land Use Map The proposed change of zoning is to allow for
commercial uses. The property to be rezoned is described as:
A pro"rty located at or near 4130 South Alameda Street and described as 4.82 acres out of Lot 1,
Block 1 Carmelite Home Tract,located along the east side of South Alameda Street,south of Caramel
Parkway, north of Everhart Road.
The Planning Commissions may recommend to City Council approval or denial or approval of an intermediate
zoning cfassificatlon and/or Special Permit Approval of a change of zoning, if inconsistent with the City's
Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved
coning The Planning Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council. The public hearing will be held Wednesday,February 23,
2022, during one of the Planning Commission's regular meetings. which begins at 6:30 p.m,, in the City
Council Chambers. 1201 Leopard Street. You are invited to attend this public hearing to express your views
on this rezoning request. For more information, Blease call (361) 826-3240.
TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY
OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O.
BOX 9277 CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES
f UBLIC RECORD.
NOTE: In accordance with the Planning Commission By-Laws, no discussion shalt be held by a
member or members of this Commission with an applicant or appellant concerning an application or
appeal,either at,Home or office, or in person, by telephone call or by letter.
Printed Name lLy an�1 Gt r �
Address '��-I`� 13Ln'k0r— TeyV LcK _ CdytState: 5 >rt ,TY
{ j IN FAVOR ) IN OPPOSITION Phone` (0( _ Q � 4 r'
REASON-
nature
SEE MAF ON REVERSE SIDE Case No.0222-06
04FOR Case No 22ZN 1 Un4 Case Manager Andmw Dimas
Prcperty Owf*r 10 16 Email andrewdCcctexas com
Zoning Case #0222-05
ERF Real Estate, Inc.
Rezoning for a property at 4130 South Alameda Street
From "RM-1" & "RM-1/SP" To "CN-1"
N
a
PIv
City Council
April 19, 2022
Zoning Pattern and Adjacent Development
Currently Zoned:
r '
8 N ; "RM-1" Multifamily District and "RM-
1/SP" Multifamily District with a
o ■
Special Permit
Proposed Use:
R ®o o. o �� Commercial use
RV]-1
CH-1 I �g�g Surrounding Uses:
®0 2e North: Vacant
GOR cm X00£3 • South: Vacant and a Commercial
CHH Shopping Center
East: Vacant, Single-Family
FE)��� coo ° ° " os� Homes, and a Commercial
WOO
Shopping Center
Rs.s sF,to. • West: Vacant and Single-Family
�" cnr-rte Homes
Public Notification
20 Notices mailed inside 200' buffer
4 Notices mailed outside 200' buffer V °°0'
EP
0.�
R 13
12 Pr
Notification Area 3 UB CT
1 PROP Y ��
P0.P t1 ,rPk
tA10
Opposed: 2 (3.05%)
Separate Opposed Owners. 2 1 14
ESQ '
o
19
CN- 9 16 SOH
n Favor: 1 (0.62%) z �q
S.
S-
9�s CN-?
Notified property owner's land in square CG-2
feet/Total square footage of all property in '� a� ON
the notification area = a om
Percentage of public opposition CG-
3
G3
Staff Analysis and Recommendation
r
< The proposed rezoning is inconsistent with
the Comprehensive Plan and adopted
Southeast Area Development Plan (ADP).
Ga�P P` The proposed rezoning is in keeping in
character of the commercial node.
However, a portion of the subject property
�Pa s E is encroaching into a residential
P 17PE 5
pP�PaQ neighborhood.
• A rezoning was attempted in 2018 to the
"CN-1" District and due to neighborhood
opposition, the "RM-1" District was
approved with a portion given a Special
Permit to allow some commercial uses.
N "�R, Buffer Yards will be required along the
northern and eastern property lines.
-i
Everhart Road is not constructed to the
<o arterial standard and may have a negative
traffic impact to adjacent residents.
�e Planning Commission and Staff
Recommendation: Approval
ORP " �$'� f• k: `
G r � ` ! �• � rya �- �,
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N'7'1
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CASE: 0222-05 9a N
Aerial View QaS.
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Subject
Property r° s
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a% SUBJECT
®PROPERTY
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P
v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/19/22
1852 Second Reading Ordinance for the City Council Meeting 04/26/22
DATE: March 21, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 6626 Williams Drive
CAPTION:
Zoning Case No. 0322-01 South Texas Rainbow Limited Partnership (District 5). Ordinance
rezoning a property at or near 6626 Williams drive from the "CN-1" Neighborhood Commercial
District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit.
SUMMARY:
The purpose is to allow for a commercial use.
BACKGROUND AND FINDINGS:
The subject property is 2.48 aces in size. To the north is property zoned "CG-2" General
Commercial District with commercial uses, to the south is the "RM-1" Multifamily District and
vacant, and to the east zoned "CN-1" Neighborhood Commercial District and is currently vacant.
To the west is zoned "CN-1" Neighborhood Commercial District with commercial uses and vacant.
Conformity to City Policy
The proposed rezoning to the"CN-1/SP" Neighborhood Commercial District with a Special Permit
is consistent with the Southside Area Development Plan (Adopted March 17, 2020)and the Future
Land Use Map having planned for commercial uses.
Public Input Process
Number of Notices Mailed
12 within 200-foot notification area
1 outside notification area
As of March 22, 2022:
In Favor In Opposition
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the 200-foot notification area* is in opposition.
"Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification
a rea.
Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition
ALTERNATIVES:
1. Denial of the zoning from the"CN-1/SP" Neighborhood Commercial District with a Special
Permit.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Staff recommends approval of the zoning request from the "CN-1" Neighborhood Commercial
District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit.
Planning Commission concurred (March 9, 2022):
Vote Count:
For: 8
Opposed: 0
Absent: 0
Abstai ned: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0322-01 South Texas Rainbow, LP.: (District 5): Ordinance rezoning a
property at or her 6626 Williams Drive from the "CN-1" Neighborhood Commercial
District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit.
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
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 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 described as Lots 7, 8 and 9, Padre Plaza Subdivision, as shown in
Exhibit "A":
from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood
Commercial District with a Special Permit.
The subject property is located at or near 6626 Williams Drive. Exhibit A, which is an
associated map attached to and incorporated in this ordinance.
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
following conditions listed below:
1. Use: The only use permitted under this Special Permit, other than those
permitted by right in the "CN-1" Neighborhood Commercial District is "Vehicle
Storage" and "Auto Detailing" as categorized by the Unified Development Code
(UDC) Section 5.1 .4.1.
2. Screening: The subject property shall be screened by a solid material at a
minimum of 6-feet in height.
3. Hours of Operation: The hours of operation shall be limited to 7:00 AM to 9:00
PM.
4. Vehicle Delivery: Any vehicle deliveries to the subject property shall not occur
between the hours of 9:00 PM to 7:00 AM.
5. Lighting: All security lighting must be shielded and directed away from abutting
properties and nearby streets. Cut-off shields are required for all lighting. No light
projection is permitted beyond the property line near all public roadways and
residential developments.
6. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
7. Landscaping: Landscaping shall be installed as required by the UDC.
8. Other Requirements: The conditions listed herein do not preclude compliance
with other applicable UDC and Building and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to
have expired within 24 months of this ordinance unless a complete building permit
application has been submitted, and the Special Permit shall expire if the allowed
use is discontinued for more than six consecutive months.
SECTION 3. The 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 2 of 4
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 4
Exhibit A
CG 2
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CASE: 0322-01
Zoning and notice Area � 5
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Page 4 of 4
ZONING REPORT
Case # 0322-01
Applicant & Subject Property
Owner: South Texas Rainbow, LP.
Applicant: South Texas Rainbow, LP
Address and Location: 6626 Williams Drive, located along the northside of Williams Drive,
east of Daly Drive, and west of Nile Drive
Legal Description: Lots 7, 8, & 9, Padre Plaza Subdivision
Acreage of Subject Property: 2.48 acres
City Council District: 5
Zoning Request
From: "CN-1" Neighborhood Commercial District
To: "CN-1/SP" Neighborhood Commercial District with a Special Permit
Purpose of Request: To allow for a commercial use.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
Site "CN-1" Neighborhood Vacant Commercial
Commercial District
"CG-2" General Commercial
North Commercial District "Hotel" Commercial
South "RM-1" Multifamily Vacant and High and Medium
District Low Density Residential Density Residential
East "CN-1" Neighborhood Vacant Commercial
Commercial District
"CN-1" Neighborhood Vacant and Commercial
West Commercial District "Movie Theater" Commercial
Plat Status: Property is platted
Air Installation Compatibility Use Zone AICUZ : Not located in an AICUZ area
Trans ortation & Circulation
Street Urban Transportation Proposed Existing Traffic
Plan Type Section Section Volume/Capacity
Williams Drive "C3" Primary Collector 75' ROW 112' ROW 7,089/35,200
50' paved 50' paved Ratio: 20%
Transit: RTA Route 29 (Staples)
Utilities
Water: 8-inch PVC line located along Williams Drive
Wastewater: 36-inch HDPE line located along Williams Drive
Gas: 4-inch service line located along Williams Drive
Stormwater: 11'x7' box line located along Williams Drive.
Corpus Christi Comprehensive Plan
The subject property is located within the Southside Area Development Plan (Adopted March
17, 2020) and is planned for commercial uses based on the Future Land Use Map. The
proposed rezoning is consistent with the Comprehensive Plan.
Zoning Report
Page 2
Public Notification
Number of Notices Mailed — 12 within 200-foot notification area
Returned Notices: In Favor — 0 inside notification area
In Opposition — 0 inside notification area
0.00% in opposition within the 200-foot notification area
Public Hearing Schedule
Planning Commission Hearing Date: March 9, 2022
City Council 1St Reading/Public Hearing Date: April 19, 2022
City Council 2nd Reading Date: May 3, 2022
Comprehensive Plan Consistency: The proposed rezoning is consistent with the
comprehensive plan. Staff considered the following policies to determine plan consistency:
• Promote the stabilization, revitalization, and redevelopment of older neighborhoods. (Plan
CC: Future Land Use, Zoning and Urban Design)
• Encourage orderly growth of new residential, commercial, and industrial areas. (Plan CC:
Future Land Use, Zoning and Urban Design)
• 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. (Plan CC: Future Land Use, Zoning and Urban Design)
• Promote interconnected neighborhoods with appropriate transitions between lower-intensity
and higher-intensity land uses. (Plan CC: Future Land Use, Zoning and Urban Design)
• Support the separation of high-volume traffic from residential areas or other noise-sensitive
land uses. (Plan CC: Future Land Use, Zoning and Urban Design)
• Noise impacts from non-residential uses should be reduced by creating a buffer open space
between the two areas. Such spaces may be landscaped areas, a street, a screening fence,
larger setbacks, etc. These methods can be used singularly but are usually most effective
when applied in combination to provide the desired effect. (Southeast ADP: Land Use)
Staff Analysis: The proposed zoning is consistent with the adopted Comprehensive Plan (Plan
CC).
• The subject property has the future land use designation of commercial and has been vacant
since annexation in 1954.
• The proposed rezoning is compatible with neighboring properties that are zoned commercial
as the subject property is part of a larger commercial node that has like or greater zoning
designations.
• The "CN-1" Neighborhood Commercial District allows the following uses by-right:
Apartments, Group Living Uses, Day Care, Community Service, Medical Facilities, Offices,
Overnight Accommodations, Restaurants, and Retail Sales and Service Uses.
• The applicant is requesting a special permit to allow for the storage of the overflow of
vehicles from the Mike Shaw Kia dealership which is located 0.50 miles away. The subject
property will have a small building to serve as an office. The site will not be open to the
public and will additionally provide the preparatory cleaning prior to being moved to the main
dealership. Any vehicles delivered to the subject property will not be allowed to be unloaded
on a public right-of-way.
Zoning Report
Page 3
Planning Commission and Staff Recommendation (March 9, 2022): Approval of the change
of zoning from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood
Commercial District with a Special Permit with the following conditions:
1 . Uses: The only uses authorized by this Special Permit other than uses permitted by right
in the base zoning district is "Vehicle Storage" and "Auto Detailing" as categorized by
Unified Development Code (UDC) Section 5.1 .4.1.
2. Screening: The subject property shall be screened by a solid material at a minimum of
6-feet in height.
3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM.
4. Vehicle Delivery: Any vehicle deliveries to the subject property shall not occur between
the hours of 9:00 pm to 7:00 am.
5. Lighting: All security lighting must be shielded and directed away from abutting
properties and nearby streets. Cut-off shields are required for all lighting. No light
projection is permitted beyond the property line near all public roadways and residential
developments.
6. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
7. Landscaping: Landscaping shall be installed as required by the Unified Development
Code (UDC).
8. Other Requirements: The conditions listed herein do not preclude compliance with other
applicable UDC and Building and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within 24 months of this ordinance unless a complete building permit application
has been submitted, and the Special Permit shall expire if the allowed use is discontinued
for more than six consecutive months.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
Zoning Report
Page 4
CG-2
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CASE: 0322-01 T
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Zoning and notice Area
< r s
RM-1 Multlhmllyl IL Light lnduatrlal ¢ `•-- .^`7rd Iai.�n i
RM-2 Multitamily 2 IHHeavy Industrial
RM-1 iv itamily3 PUG Planned Unit Dev.Overlay y�var k
ON Protesslan.I office RS-10 Singie-Family 10 114
RM-AT Ml family AT RS-6 Single-Family6 �•qa ;
CN-1 Neighborhood Commercial R".5 SIngi.-Family 4.5
CN-2 Neighborhood Commercial R5-TF Two-Family ro
CRA R2.Commercial RS-15 Single-Family 15 � SUBJECT
CR-2 Rea ortCommemlal RE Residential Estate ;fiTM PROPERTY
CG-1 General Commercial RS-TH Townhouse e
C0-2 General Commercial SP Spec lal Permlt
CI Intenalve Commemlal RV Reerealicnal Vehicle Park
CBD Downtown Cammerclal RMH Manufactured Home
CR-3 Resort Commercial 71 �
FR Fa tin Rural
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4 X. Christi (Thailand)LOCATION MAP
4
I
Zoning Case #0322-01
South Texas Rainbow, LP.
Rezoning for a property at 6626 Williams Drive
From "CN-1" To "CN-1/SP"
oo UB JECT
a� �PCIY
City Council
April 19, 2022
Zoning Pattern and Adjacent Development
Currently Zoned:
- "CN-1" Neighborhood Commercial District
200 Proposed Use:
�•+ �., z Commercial Use
•
0 ® o aSurrounding Uses:
North:
Commercial (Hotel)
SUBJECT "CG-2" District
PR PERM South:
Vacant and Low Density
- ; '• �oOg ' Residential
"RM-1District
East:
G� ��1 • Vacant
• "CN-1" District
West:
Commercial (Movie Theater)
"CN-1" District
Public Notification
12 Notices mailed inside 200' buffer �
1 Notices mailed outside 200' buffer R s� CGZ2
-G-2
Notification Area C - t a
10
Opposed: 0 (0.00%)
Separate Opposed Owners: 0 PRAPERIrTY
5
0
In Favor: 0 (0.00%) RM-,
9
Notified property owner's land in square R
feet/Total square footage of all property in R \
the notification area = PF
Percentage of public opposition
o:n zi
3
Staff Analysis and Recommendation
The subject property has the future land use
Nli
c- designation of commercial and has been
R' vacant since annexation in 1954.
The proposed rezoning is compatible with
neighboring properties that are zoned
N_'I' a i_ commercial as the subject property is part of
a larger commercial node that has like or
greater zoning designations.
The applicant is requesting a special permit
?` I± sueJecT to allow for the storage of the overflow of
� I PR ,PERrTI
� vehicles from the Mike Shaw Kia dealership
r which is located 0.50 miles away. The
subject property will have a small building to
serve as an office. The site will not be open
to the public and will additionally provide the
rlr'
' ' 4 preparatory cleaning prior to being moved to
M •• the main dealership. Any vehicles delivered
to the subject property will not be allowed to
r \
be unloaded on a public right-of-way.
Planning Commission and Staff
spry°ft o aR Recommendation:Approval of a Special
Permit
Special Permit Conditions
1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in
the base zoning district is "Vehicle Storage" and "Auto Detailing" as categorized by Unified
Development Code (UDC) Section 5.1.4.1.
2. Screening: The subject property shall be screened by a solid material at a minimum of 6-feet
in height.
3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM.
4. Vehicle Delivery: Any vehicle deliveries to the subject property shall not occur between the
hours of 9:00 pm to 7:00 am.
5. Lighting: All security lighting must be shielded and directed away from abutting properties
and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted
beyond the property line near all public roadways and residential developments.
6. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
7. Landscaping: Landscaping shall be installed as required by the Unified Development Code
(UDC).
8. Other Requirements: The conditions listed herein do not preclude compliance with other
applicable UDC and Building and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired
within 24 months of this ordinance unless a complete building permit application has been
submitted, and the Special Permit shall expire if the allowed use is discontinued for more than
six consecutive months.
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WoRPORPg4 AGENDA MEMORANDUM
1852
Action Item for the City Council Meeting April 19, 2022
DATE: April 8, 2022
TO: Peter Zanoni, City Manager
THRU: Andrea Gardner, Assistant City Manager
and reaga(o-)-cctexas.com
361.826.3506
FROM: Tracey K. Cantu, Interim Director of Neighborhood Services
tracevc(a)cctexas.com
361.826.3021
Special Board Meeting of the Corpus Christi Housing Finance Corporation
CAPTION:
Special Board Meeting of the Corpus Christi Housing Finance Corporation to consider a proposal
to participate as General Partner in the Greenwood Manor, LP and as ground lessor, to consider
accepting a total of$1,352,431 from the Corpus Christi Business &Job Development Corporation
(Type A) and Corpus Christi B Corporation (Type B), and to consider making a loan of$481,483
from Corpus Christi Housing Finance Corporation funds and $1,352,431 from the Corpus Christi
Business & Job Development Corporation (Type A) and Corpus Christi B Corporation (Type B)
to Greenwood Manor, LP. Greenwood Manor, LP will be the ownership entity of ALMA at
Greenwood a 152-unit affordable rental housing project for households at or below 60 percent of
the area median income located on 10.554 acres on the southeast corner of Greenwood Drive
and Gollihar Road east of West Point Road.
SUMMARY:
The purpose is to hold a Special Board Meeting of the Corpus Christi Housing Finance
Corporation to consider matters pertaining to Greenwood Manor, LP and it's project ALMA at
Greenwood.
BACKGROUND AND FINDINGS:
Greenwood Manor, LP., a single asset entity, will be the owner of an affordable housing project,
ALMA at Greenwood, being developed by Adelante Development, LLC. ALMA at Greenwood is
a multifamily affordable rental housing project with 152 units located on 10.554 acres on the
southeast corner of Greenwood Drive and Gollihar Road east of West Point Road. All units would
serve households at or below 60 percent of the area median income.
The Corpus Christi Housing Finance Corporation (CCHFC) approved an inducement resolution
for multifamily revenue bonds for this project on January 25, 2022. Greenwood Manor, LP has
received a $15,000,000 multifamily revenue bonds reservation from the Texas Bond Review
Board. The inducement resolution and bond reservation allow Greenwood Manor, LP to include
the preliminary costs and land acquisition in a future issuance of revenue bonds. The CCHFC has
no legal obligation to issue any bonds at any time in the future, and any issuance of bonds will be
subject to review and approval at a meeting of the Board in July or August 2022.
Any revenue bonds issued by the CCHFC solely are payable from the loan payments received
from the project. They are not a general obligation of the CCHFC, and neither the City of Corpus
Christi nor its credit are involved. The CCHFC has no taxing power.
On April 18, 2022, ALMA at Greenwood was presented to the Corpus Christi Business & Job
Development Corporation (Type A) and the Corpus Christi B Corporation (Type B). The approval
from the Corpus Christi Business &Job Development Corporation (Type A)was for$160,560 and
the approval from the Corpus Christi B Corporation (Type B) was for $1,191,871. Together these
agreements total $1,352,431.
The development's $30,803,558 proposal includes $15,000,000 in private activity bonds issued
by the CCHFC, $9,607,293 in 4% Low-income Housing Tax Credit equity, $1,986,065 in deferred
developer fees, and $225,000 in materials contributions from the General Contractor. The project
also includes $3,000,000 from the City's federal U.S. Department of Housing and Urban
Development allocation and other City related sources. These sources are $481,483 from the
CCHFC, $160,560 from Type A, $1,191,871 from Type B, and $1,166,086 from the HOME
Investment Partnerships Program (HOME). HOME program sources are $300,000
reprogrammed from the Community Development Corporation of Brownsville for homebuyer
activities in the FY2019/PY2018 Consolidated Annual Action Plan, $751,373 in program income
from payments made from rental and homeowner repair loans, and $114,713 from the future
FY2023/PY2022 Consolidated Annual Action Plan.
The proposal includes a request that the CCHFC join the development partnership (Greenwood
Manor, LP) as the General Partner and as ground lessor so that the property may qualify for
property tax-exemption. As General Partner, the CCHFC would own the project's land, lease it to
Greenwood Manor, LP, and earn 25 percent of the project's developer fee. The CCHFC portion
of the developer fee to be paid during development is $355,958 and $496,516 will be deferred
and paid from 2024 through 2034.
Corpus Christi Business & Job Development Corporation (Type A) and Corpus Christi B
Corporation (Type B) affordable housing funds will be granted to the CCHFC which will loan funds
to the project. There will be two loans made to the project from all City related sources. The Type
A funds, Type B funds and CCHFC funds will be one deferred loan totaling $1,833,914 from the
CCHFC to the project at 3 percent interest and amortized over 40 years with repayment beginning
in 2037 (year 14). The HOME funds will be a $1,166,086 deferred loan from the City to the project
at 3 percent interest and amortized over 40 years with repayment beginning in 2037 (year 14) as
well. The CCHFC loan will subordinate to the City HOME loan. Both loans are repayable through
net cashflow and will be paid in full when the Limited Partner (tax credit equity investor) exits the
deal through a sale in 2039 (year 16).
The project timeline includes the following briefings, presentations for approvals, closings, and
construction dates:
City Council Briefing —April 12, 2022
Type A Board —April 18, 2022
Type B Board —April 18, 2022
CCHFC Board Meeting —April 19, 2022
City Council 1st Reading —April 19, 2022
City Council 2nd Reading —April 26, 2022
4% Low-income Housing Tax Credit Award —July 22, 2022
FY2023/PY2022 HUD HOME Allocation Council Meeting —August 2022
Bond Closing Date —August 23, 2022 (bond reservation expiration)
Construction Start—August 2022
Project Completion — December 2023
ALTERNATIVES:
The CCHFC may elect not to participate in the project.
FISCAL IMPACT:
CCHFC will fund $481,483 from the available cash balance reserved for affordable housing.
Funding Detail:
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff recommends the CCHFC approve the project's ownership structure, agree to lease the
ground and make the necessary loans to the project.
LIST OF SUPPORTING DOCUMENTS:
Agenda for CCHFC Special Board Meeting
Unapproved January 25, 2022, Board Meeting Minutes
Financial Statements
Presentation —ALMA at Greenwood
Legal and Liability Analysis —ALMA at Greenwood
Agreement with Type A
Agreement with Type B
AGENDA
CORPUS CHRISTI HOUSING FINANCE CORPORATION
SPECIAL MEETING
Date: Tuesday, April 19, 2022
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. President Michael T. Hunter calls meeting to order.
2. Secretary Rebecca Huerta calls roll.
Board of Directors Officers
Michael T. Hunter, President Peter Zanoni, General Manager
Roland Barrera, Vice President Andrea Gardner, Asst. General Manager
Paulette M. Guajardo Rebecca Huerta, Secretary
John Martinez Ruth Bocchino, Asst. Secretary
Mike Pusley Heather Hurlbert, Treasurer
Billy A. Lerma Judy Villalon, Asst. Treasurer
Ben Molina
Greg Smith
Gil Hernandez
3 PUBLIC COMMENT
4. Approve minutes of January 25, 2022, Board meeting
5. Treasurer's Report
6. Motion to participate in the ALMA at Greenwood Project by becoming the sole member
of a Texas limited liability company that will serve as the General Partner of Greenwood
Manor, LP, serving as the ground lessor in a ground lease covering the property on
which the Project is constructed, and being a co-developer of the Project, all such terms
of participation being subject to final approval by the board of directors at the time of
consideration of issuing multifamily housing revenue bonds for the Project.
7. Motion to approve entering into the following agreements to obtain additional funding for
the ALMA at Greenwood Project:
Enter into an Agreement with the Corpus Christi Business & Job Development
Corporation (Type A) to accept $160,560 in funds to loan to Greenwood Manor,
LP for the development of the ALMA at Greenwood Project; and
Enter into an Agreement with the Corpus Christi B Corporation (Type B) to accept
$1,191,871 in funds to loan to Greenwood Manor, LP for the development of the
ALMA at Greenwood Project.
8. Motion to authorize a loan in the amount of$1,833,914 (inclusive of the Type A and Type
B funds and $481,483 of CCHFC funds) to Greenwood Manor, LP to provide additional
funding for the ALMA at Greenwood Project, which loan shall bear interest at a rate
equal to 3% per annum, be repayable over a period of 40 years and be subordinate to
the first lien securing $15,000,000 in bond financing and a second lien securing a City of
Corpus Christi HOME loan, the funding of such loan being conditioned upon final
approval by the board of directors at the time of consideration of issuing multifamily
housing revenue bonds for the Project.
9. Adjourn.
MINUTES
CORPUS CHRISTI HOUSING FINANCE CORPORATION
SPECIAL BOARD MEETING
January 25,2022
PRESENT
Board of Directors Officers
Michael T. Hunter, President Peter Zanoni, General Manager
Roland Barrera, Vice President Andrea Gardner, Asst. General Manager
Paulette Guajardo Rebecca Huerta, Secretary
Gil Hernandez Ruth Bocchino, Asst. Secretary
Billy A. Lerma Heather Hurlbert, Treasurer
Ben Molina Judy Villalon, Asst. Treasurer
Mike Pusley
Greg Smith
John Martinez
President Hunter called the meeting to order in the Council Chambers of City Hall at 8:01
p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting.
President Hunter referred to Item 3 and called for public comment. There were no comments
from the public.
President Hunter referred to Item 4 and called for approval of the minutes of the October
19, 2021 Board meeting. Board Member Hunter made a motion to approve the minutes as
presented, seconded by Board Member Barrera and passed unanimously.
President Hunter referred to Item 5 as follows: Resolution with respect to the issuance of
bonds to finance facilities for Greenwood Manor, LP.
Attorney for the Corpus Christi Housing Finance Corporation, John Bell, stated that this is
the same project and same action that was considered on October 19, 2021. The developer was
awarded an allocation by the bond review board, but the developer was unable to fulfill the terms
of the allocation. The developer would like to submit a new application for 152 units rather than
144 units.
Jose Gonzalez with the Greenwood Manor Apartments project stated that the new project
would allow them to set the rent at 60% of the median income or below.
Board Member Barrera made a motion to approve Item 5, seconded by Board Member
Smith and passed unanimously.
There being no further business to come before the Corpus Christi Housing Finance
Corporation, President Hunter adjourned the meeting at 8:06 p.m.
CORPUS CHRISTI HOUSING FINANCE CORPORATION
BALANCE SHEET
February 28, 2022
Assets
Cash, cash equivalents & investments $ 481,483
Accounts Receivable 237,311
Total assets $ 718,794
Liabilities
Unearned revenue $ 237,311
Fund Balance
Restricted 481,483
Total liabilities and fund balances $ 718,794
CORPUS CHRISTI HOUSING FINANCE CORPORATION
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
FOR THE FIVE MONTHS ENDED FEBRUARY 28,2022
Revenues
Charges for services $ 6,000
Earnings on investments 83
Total revenues 6,083
Expenditures
Community Development -
Excess of revenues over expenditures $ 6,083
Fund Balance at October 1, 2021 475,400
Fund balance at February 28, 2022 $ 481,483
AGREEMENT BETWEEN CORPUS CHRISTI BUSINESSS AND JOB DEVELOPMENT
CORPORATION AND CORPUS CHRISTI HOUSING FINANCE CORPORATION FOR
ALMA AT GREENWOOD PROJECT
This Agreement ("Agreement") is entered into between the Corpus Christi Business and Job
Development Corporation ("Corporation") and the Corpus Christi Housing Finance Corporation
("CCHFC"), a Texas housing finance corporation.
WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development
Corporation Act of 1979) empowered local communities with the ability to adopt an optional local
sales and use tax as a means of improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi (the "City") passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales
and use tax for the promotion and development of new and expanded business enterprises at the
rate of one-eighth of one percent to be imposed for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable
Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2
for affordable housing, up to $500,000 annually, so long as there are projects for which the amount
can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under
Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City
Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by
the Corporation's Board of Directors ("Board");
WHEREAS, the Board wishes to fund affordable housing projects in an effective manner;
WHEREAS, the Board has determined that it is in the best interests of the residents of the City
that the CCHFC be awarded affordable housing funds, by execution of this Agreement, to accomplish
the affordable housing project described in the Scope of Work, which is attached hereto as Exhibit A
and incorporated herein by reference as if laid out here in its entirety;
In consideration of the covenants, promises, and conditions stated in this Agreement, the
Corporation and the CCHFC agree as follows:
1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation
and the CCHFC is executed to implement the promotion and development of an affordable housing
project described in Exhibit A and incorporated in this Agreement by reference. The parties have
approved this Agreement in an amount not to exceed $160,560.00, the entirety of such funds shall be
granted to CCHFC to loan for the construction of the Project.
a. Funds provided under this Agreement may not be used for any other projects or to
reimburse the CCHFC for any staff time which is unrelated to this Project. Any funds not
used for the implementation of the Project will be returned to the Corporation.
b. CCHFC must include in its contract with Greenwood Manor, LP, and/or any other entity
associated with the Project a requirement to maintain the property and continue to rent
152 units only to qualified individuals as affordable housing in accordance with 42
U.S.C. Section 12475 for at least twenty years. If the property ceases to operate as an
affordable housing facility during that twenty-year period, the developer must
immediately reimburse the CCHFC all amounts paid to the developer under its
agreement with the CCHFC. Any funds repaid to the CCHFC must be used for a
qualified affordable housing project under 42 U.S.C. Section 12475 or returned to the
Corporation within one year after returned to the CCHFC. If the Corporation is dissolved
prior to the time at which such reimbursement of funds is required under this provision,
CCHFC will immediately reimburse the City all amounts paid under this Agreement. The
obligation to reimburse funds under this section will survive the termination or earlier
expiration of this Agreement.
c. Corporation will provide the funds to the CCHFC within 60 days after the Effective Date.
2. Annual Update. At the Board's meeting following the end of this fiscal year, the Assistant General
Manager of the CCHFC, or designee, will present an update on the Project to the Board.
3. Effective Date. The effective date of this Agreement is the date on which the Agreement is
approved by both the CCHFC and the Board and executed by both parties.
4. Term. The term of this Agreement is one year beginning on the Effective Date, unless extended
by the Parties in writing.
5. Termination. Either party may terminate this Agreement by giving at least 30 days' written notice
to the other of its intent to terminate. In the event of such termination, the CCHFC will return any
unused funds to the Corporation.
6. Amendments or Modifications. No amendments or modifications to this Agreement or to the
Project may be made, nor any provision waived, unless the amendment or modification is made in
writing and signed by persons duly authorized to sign agreements on behalf of all parties.
7. Notices.
a. Any required written notices shall be sent, certified mail, return receipt requested,
addressed as follows:
If to Corporation:
Corpus Christi Business and Job Development Corporation
Attn: President
1201 Leopard Street
Corpus Christi, Texas 78401
If to CCHFC:
Corpus Christi Housing Finance Corporation
Attn: Assistant City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided above.
8. Relationship of Parties. In performing this Agreement, the Corporation and the CCCHFC shall
act in an individual capacity, and not as agents, representatives, employees, employers, partners,
joint-venturers, or associates of one another. The employees or agents of either party may not be,
nor be construed to be, the employees or agents of the other party for any purpose.
CORPUS CHRISTI BUSINESS AND CORPUS CHRISTI HOUSING
JOB DEVELOPMENT CORPORATION FINANCE CORPORATION
Lee Trujillo Andrea Gardner
President Assistant General Manager
Date: Date:
ATTEST:
Rebecca Huerta
City Secretary
Date:
APPROVED AS TO FORM:
Aimee Alcorn-Reed
Assistant City Attorney
EXHIBIT A
Greenwood Manor Apartments would be approximately 152 units of new construction garden style
apartments. The apartments will be built on 10 acres of the parcel at Greenwood Drive at Gollihar Road
with legal description Paisley Hoffman 26.6223 Acs out of Lt 12 Sec D. The development will contain 1
bedroom, 2 bedroom and 3 bedroom units in two story buildings. A large community building will contain
the leasing office and management office plus a computer learning center, an after-school activities center
and community space. The community building will also have an office for the on-site resident service
provider. Onsite there will be playgrounds, a dog park and picnic table areas.
AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND
CORPUS CHRISTI HOUSING FINANCE CORPORATION FOR
ALMA AT GREENWOOD PROJECT
This Agreement ("Agreement") is entered into between the Corpus Christi B Corporation
("Corporation") and the Corpus Christi Housing Finance Corporation ("CCHFC"), a Texas housing
finance corporation.
WHEREAS, the Texas Legislature in Chapter 501 et seq. of the Local Government Code
(Development Corporation Act of 1979) (the "Act") empowered local communities with the ability to
adopt an optional local sales and use tax as a means of improving the economic health and
prosperity of their citizens;
WHEREAS, on November 8, 2016, residents of the City passed Proposition 1 , Adopt Type B
Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales
and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be
imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new
and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for
affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair
of arterial and collector streets and roads;
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently
enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2018, to
be administered by the Corpus Christi B Corporation Board (the "Board");
WHEREAS, Section 501 .073 of the Act requires the City Council to approve all programs and
expenditures of the Corporation;
WHEREAS, the Board wishes to fund affordable housing projects in an effective manner;
WHEREAS, the CCHFC is working in conjunction with the City of Corpus Christi to assist in the
financing of the ALMA at Greenwood apartment project being developed by Greenwood Manor, LP
which will provide new affordable housing opportunities near the intersection of Greenwood and
Gollihar in Corpus Christi;
WHEREAS, the CCHFC will utilize the funds obtained from the Corporation in conjunction with
other funds of the CCHFC and funds obtained by the CCHFC for this Project;
WHEREAS, the Board has determined that it is in the best interests of the residents of the City
that the CCHFC be awarded affordable housing funds, by execution of this Agreement, to accomplish
the affordable housing project described in Exhibit A of this Agreement ("Project");
In consideration of the covenants, promises, and conditions stated in this Agreement, the
Corporation and the CCHFC agree as follows:
1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation
and the CCHFC is executed to implement the promotion and development of an affordable housing
project described in Exhibit A and incorporated in this Agreement by reference. The parties have
approved this Agreement in an amount not to exceed $1 ,191 ,871.00, the entirety of such funds shall
be granted to CCHFC to loan for the construction of the Project.
a. Funds provided under this Agreement may not be used for any other projects or to
reimburse the CCHFC for any staff time which is unrelated to this Project. Any funds not
used for the implementation of the Project will be returned to the Corporation.
b. CCHFC must include in its contract with Greenwood Manor, LP, and/or any other entity
associated with the Project a requirement to maintain the property and continue to rent
152 units only to qualified individuals as affordable housing in accordance with 42
U.S.C. Section 12475 for at least twenty years. If the property ceases to operate as an
affordable housing facility during that twenty-year period, the developer must
immediately reimburse the CCHFC all amounts paid to the developer under its
agreement with the CCHFC. Any funds repaid to the CCHFC must be used for a
qualified affordable housing project under 42 U.S.C. Section 12475 or returned to the
Corporation within one year after returned to the CCHFC. If the Corporation is dissolved
prior to the time at which such reimbursement of funds is required under this provision,
CCHFC will immediately reimburse the City all amounts paid under this Agreement. The
obligation to reimburse funds under this section will survive the termination or earlier
expiration of this Agreement.
c. Corporation will provide the funds to the CCHFC within 60 days after the Effective Date.
2. Annual Update. At the Board's meeting following the end of this fiscal year, the Assistant General
Manager of the CCHFC, or designee, will present an update on the Project to the Board.
3. Effective Date. The effective date of this Agreement is the date on which the Agreement is
approved by both the CCHFC and the Board and executed by both parties.
4. Term. The term of this Agreement is one year beginning on the Effective Date, unless extended
by the Parties in writing.
5. Termination. Either party may terminate this Agreement by giving at least 30 days' written notice
to the other of its intent to terminate. In the event of such termination, the CCHFC will return any
unused funds to the Corporation.
6. Amendments or Modifications. No amendments or modifications to this Agreement or to the
Project may be made, nor any provision waived, unless the amendment or modification is made in
writing and signed by persons duly authorized to sign agreements on behalf of all parties.
7. Notices.
a. Any required written notices shall be sent, certified mail, return receipt requested,
addressed as follows:
If to Corporation:
Corpus Christi B Corporation
Attn: President
1201 Leopard Street
Corpus Christi, Texas 78401
If to CCHFC:
Corpus Christi Housing Finance Corporation
Attn: Assistant City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided above.
8. Relationship of Parties. In performing this Agreement, the Corporation and the CCCHFC shall
act in an individual capacity, and not as agents, representatives, employees, employers, partners,
joint-venturers, or associates of one another. The employees or agents of either party may not be,
nor be construed to be, the employees or agents of the other party for any purpose.
CORPUS CHRISTI B CORPORATION CORPUS CHRISTI HOUSING
FINANCE CORPORATION
Lee Trujillo Andrea Gardner
President Assistant General Manager
Date: Date:
ATTEST:
Rebecca Huerta
City Secretary
Date:
APPROVED AS TO FORM:
Aimee Alcorn-Reed
Assistant City Attorney
EXHIBIT A
Greenwood Manor Apartments would be approximately 152 units of new construction garden style
apartments. The apartments will be built on 10 acres of the parcel at Greenwood Drive at Gollihar Road
with legal description Paisley Hoffman 26.6223 Acs out of Lt 12 Sec D. The development will contain 1
bedroom, 2 bedroom and 3 bedroom units in two story buildings. A large community building will contain
the leasing office and management office plus a computer learning center, an after-school activities center
and community space. The community building will also have an office for the on-site resident service
provider. Onsite there will be playgrounds, a dog park and picnic table areas.
CORPUS CHRISTI HOUSING FINANCE CORPORATION
Proposed Greenwood Manor Project
Legal Structure and Liability Analysis
To: CCHFC Officers and Directors
From: John D. Bell, Local Counsel
Date: April 7, 2022
Background. The CCHFC previously adopted an inducement resolution indicating its preliminary
intent to issue up to $15 million in revenue bonds in order to finance the development of the
Greenwood Manor Project. An application has been filed with the Texas Bond Review Board
seeking an allocation of the State volume cap allocated for multifamily housing revenue bonds and
the developer has made an application for 4% low-income housing tax credits.
In order to make the project feasible and have the property exempt from property tax,the developer
needs to structure the deal so that the land is owned by the CCHFC and leased to a limited
partnership for the development of the project. The general partner of the limited partnership
would need to be controlled by the CCHFC. The developer and tax credit investor would be
limited partners in the limited partnership.
Additionally, the CCHFC would be issuing the multifamily housing revenue bonds as previously
discussed and loaning additional funds for the development of the project.
Long-Term Ground Lease. As the owner of real estate, the CCHFC has potential liabilities as
any owner of property, but those liabilities generally can be covered by one or more policies of
commercial general liability insurance. The Lease would require the limited partnership to
maintain in full force and effect through the term of the Lease commercial general liability
insurance of at least $5 million with the CCHFC named as an additional insured. The Lease
additionally would require that the limited partnership indemnify the CCHFC, as the landlord,
from any liabilities.
Limited Partnership Structure. This structure previously has been used by the CCHFC in
connection with the Costa Tarragona I and H projects in 2005 and 2012, respectively.
LLCAs General Partner. The CCHFC would forma limited liability company ("LLC")
in which the CCHFC is the sole member. For IRS purposes, the LLC is a disregarded
entity and not considered separate from the CCHFC, but for liability purposes, only the
LLC — and not the CCHFC — has the liabilities of a general partner of the limited
partnership. The sole asset of the LLC is its interest in the limited partnership. None of
the other assets of the CCHFC would be at risk in connection with the proposed
development. The only purpose of the LLC would be to serve as the general partner of this
limited partnership.
Limited Partnership. The limited partnership ("LTD")would be comprised of the LLC as
the general partner and the developer and other investors as limited partners. The payment
of expenses and flow of revenues received by the LTD would be specified in the limited
partnership agreement. The CCHFC would have no responsibility for operation of the
LTD. A professional management company under contract would operate the project and
administer all funds and pay all expenses.
Issuance of Bonds. As noted in the earlier discussions, the multifamily housing revenue bonds
would be solely repayable from the revenues of the Greenwood Manor Project. The LTD would
be the borrower of the funds, and it would be required to make the necessary debt service payments
on the bonds typical in these conduit financings. Although technically the CCHFC makes the loan,
the terms are determined by the lender/bondholder, and the terms of the bonds issued are the same
as the loan terms for the borrower. A bank trustee collects the monthly payments from the LTD,
as the borrower, and uses them to pay the bond payments. The steps in the transaction are outlined
below:
Lender/Bondholder -1 CCHFC 2 Borrower/LTD
3
5 4
Trustee
Steps in Transaction.
Step 1. CCHFC issues bonds to lender to obtain funds for loan.
Step 2. CCHFC loans funds to borrower on same terms as specified in bonds.
Step 3. CCHC assigns all rights to loan to Trustee for Lender/Bondholder.
Step 4. Borrower/LTD makes required loan payments to Trustee.
Step 5. Trustee pays funds received to Lender/Bondholder.
Liabilities of CCHFC Are Not Liabilities of the City. The CCHFC was formed under state law
for the specific purpose of insulating the City of Corpus Christi from any liabilities in connection
with its affordable housing activities. None of the liabilities of the CCHFC in any way are
liabilities of the City of Corpus Christi.
No Impact on City Bonds. A bond issued by the CCHFC is not an obligation of the City of Corpus
Christi and in no way impacts the City's bond rating or its ability to issue bonds or certificates of
obligations. Nevertheless, the CCHFC historically has exercised caution in only issuing bonds
that either are a private placement with a lender in the manner outlined above or rated AA or better
with national rating agencies in order to avoid having the name "Corpus Christi" associated with
any bond default. The CCHFC has no ability to levy taxes, and no taxing authority or credit of the
City is involved in any of the CCHFC's financings.
Footnote on City CAFR. The financial reporting standards for the City, GASB requires that all
conduit debt issued by issuers affiliated with the City be reported as a footnote on the City's
comprehensive annual financial report. The bonds are not in any way a liability of the City, but
since the CCHFC is affiliated with the City they are noted on the financial statements in that
manner.
F:A2705\0\22 Legal and Liability Analysis 0407-1 Ldoex 2
i ee
CORPUS CHRISTI
NEIGHBORHOOD SERVICES
Greenwood Manor, LP's ALMA at Greenwood
Affordable Rental Housing Project
is
Corpus Christi Housing Finance Corporation
April 19, 2022
ALMA at Greenwood -:
\ / CORY OS cHRI5T5
Owner: Greenwood Manor, LP
Developer: Adelante Development, LLC
Project: ALMA at Greenwood
Proposed Development
• 152 rental units all for households at or below 60% of the area median income
• Mix of 1-, 2- and 3-bedroom units
• $30.8M estimated costs
• Funding sources:
• Multifamily Revenue Bonds/HUD Insured Mortgage
• 4% Low-income Housing Tax Credits
• City and City related funds—Type A, Type B, CCHFC and HOME
• Deferred fees
• Contractor contribution
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------------------
BUILDING TYPE I-MAIL-NORTH ELEVATION MAIL
Financing
\ / CORY OS cHRI5T5
Project Sources $30.81VI
Private Activity Bonds/HUD Insured Mortgage $15,985,000
4% LIHTC $9,607,293
Deferred Developer Fees $1,986,065
Contractor Contribution $225,000
Corpus Christi Housing Finance Corporation (loan) $481,483
Type A (granted to CCHFC, loaned to project) $160,560
Type B (granted to CCHFC, loaned to project) $1,191,871
City HOME Funds (loan) $1,166,086
City and City Related Loans
\ / CORY OS cHRI5T5
• City and City related funds to be loans to the project
• City HOME funds loan of $1,166,086
• $300,000 from unused CDC of Brownsville project
• $751,373 from Program Income
• $114,713 from future FY2023/PY2022 allocation
• Paid from net cashflow, deferred, 3% amortized over 40 years
• Corpus Christi Housing Finance Corporation loan of $1,833,914
• $481,483 from Restricted Cash
• Includes Type A/Type B funds of $1,352,431
• Paid from net cashflow, deferred, 3% amortized over 40 years
• Subordinate to City HOME funds loan
• Both loans to be repaid when Limited Partners exit the deal in 2039
General Partner
/ CORY OS cHRI5T5
• Proposal includes CCHFC as General Partner of Greenwood Manor, LP
• General Partner will earn 25% of the developer fee
• $355,958 during development
• $496,516 deferred and paid from 2024-2034
• CCHFC also acquires land and leases it on long-term lease to the LP
• LP pays cost of land
• Land and improvements are exempt from property taxes
• LP covers all costs of operations
• CCHFC receives value for termination of lease upon sale of project
Alma at Greenwood
Ownership Structure
DEVELOPMENT PARTNERSHIP
Greenwood Manor, LP
a Texas Limited Partnership
0.01% Special Limited Partner
0.01% General Partner ALMA Greenwood SLP, LLC
CCHFC Greenwood Manor GP, LLC 99.98% INVESTOR LIMITED PARTNER
a Texas limited liabilitycompany a Texas Limited Liability Company
p y (Responsible for Management (LIHTC Equity Investor)
(Ability to Control)
And Compliance)
Liability Analysis
\ / CORY OS cHRI5T5
• As landowner, CCHFC is named additional insured on all policies
• CCHFC does not directly serve as general partner of LP, but a Texas
limited liability company (LLC) is formed in which CCHFC is sole
member which insulates CCHFC from liability
• Property management company operates apartments under
management contract.
• As issuer of revenue bonds, CCHFC's liability is limited solely to loan
payment revenues received from LP
• City of Corpus Christi has no liability for CCHFC operations or bonds,
but bond indebtedness appears as footnote on CAM
tl.✓ Bond Transaction
CORPUS CHRISTI
Lender/Bondholder I CCHFC 2 Borrower/User
3�5 4
Trustee
Timeline
\ / CORV OS cHRI5T5
City Council Briefing — April 12, 2022
Type A Board — April 18, 2022
Type B Board — April 18, 2022
CCH FC Board Meeting — April 19, 2022
City Council 1st Reading — April 19, 2022
City Council 2nd Reading — April 26, 2022
4% Low-income Housing Tax Credit Award — July 22, 2022
FY2023/PY2022 HUD HOME Allocation Council Meeting — August 2022
Bond Closing Date — August 23, 2022 (bond reservation expiration)
Construction Start — August 2022
Project Completion — December 2023
so
�o
o� A
H AGENDA MEMORANDUM
WoRPORPg4 Public Hearing and 1 sl Reading for the City Council Meeting April 19, 2022
1852 2nd Reading for the City Council Meeting April 26, 2022
DATE: April 8, 2022
TO: Peter Zanoni, City Manager
THRU: Andrea Gardner, Assistant City Manager
and reaga(o-)-cctexas.com
361.826.3506
FROM: Tracey K. Cantu, Interim Director of Neighborhood Services
tracevc(a)cctexas.com
361.826.3021
Allocation of $300,000 from FY2018-2019 HOME funds and $751 ,373 from FY2021-
2022 HOME funds for Greenwood Manor, LP's ALMA at Greenwood 152-unit affordable
housing rental project
CAPTION:
Ordinance approving a substantial amendment to the City's FY2018-2019 Consolidated Annual
Action Plan ("CAAP") to reprogram $300,000 from the Community Development Corporation of
Brownsville homebuyer project under the HOME Investment Partnerships Program ("HOME")
to Greenwood Manor, LP's ALMA at Greenwood affordable rental housing project under the
HOME Program in the City's FY2021-2022 CAAP. This ordinance also approves a substantial
amendment to the City's FY2021-2022 CAAP to accept and appropriate $751,373 in Program
Income to Greenwood Manor, LP's ALMA at Greenwood under the HOME Program.
SUMMARY:
This ordinance will reprogram $300,000 HOME funds from an infeasible and unused homebuyer
program with the Community Development Corporation of Brownsville and accept and
appropriate $751,373 of HOME Program Income earned from rental and homeowner repair loan
repayments and award the funds to Greenwood Manor, LP's affordable rental project ALMA at
Greenwood. ALMA at Greenwood is a 152-unit affordable rental housing project for households
at or below 60 percent of the area median income located on 10.554 acres on the southeast
corner of Greenwood Drive and Gollihar Road east of West Point Road. Adelante Development,
LLC is the developer.
BACKGROUND AND FINDINGS:
Greenwood Manor, LP., a single asset entity, will be the owner of an affordable housing project,
ALMA at Greenwood, being developed by Adelante Development, LLC. ALMA at Greenwood is
a multifamily affordable rental housing project with 152 units located on 10.554 acres on the
southeast corner of Greenwood Drive and Gollihar Road east of West Point Road. All units would
serve households at or below 60 percent of the area median income.
The Corpus Christi Housing Finance Corporation (CCHFC) approved an inducement resolution
for multifamily revenue bonds for this project on January 25, 2022. Greenwood Manor, LP has
received a $15,000,000 multifamily revenue bonds reservation from the Texas Bond Review
Board. The inducement resolution and bond reservation allow Greenwood Manor, LP to include
the preliminary costs and land acquisition in a future issuance of revenue bonds. The CCHFC has
no legal obligation to issue any bonds at any time in the future, and any issuance of bonds will be
subject to review and approval at a meeting of the Board in July or August 2022.
Any revenue bonds issued by the CCHFC solely are payable from the loan payments received
from the project. They are not a general obligation of the CCHFC, and neither the City of Corpus
Christi nor its credit are involved. The CCHFC has no taxing power.
On April 18, 2022, ALMA at Greenwood was presented to the Corpus Christi Business & Job
Development Corporation (Type A) and the Corpus Christi B Corporation (Type B). The approval
from the Corpus Christi Business &Job Development Corporation (Type A)was for$160,560 and
the approval from the Corpus Christi B Corporation (Type B) was for $1,191,871. Together these
agreements total $1,352,431.
The development's $30,803,558 proposal includes $15,000,000 in private activity bonds issued
by the CCHFC, $9,607,293 in 4% Low-income Housing Tax Credit equity, $1,986,065 in deferred
developer fees, and $225,000 in materials contributions from the General Contractor. The project
also includes $3,000,000 from the City's federal U.S. Department of Housing and Urban
Development allocation and other City related sources. These sources are $481,483 from the
CCHFC, $160,560 from Type A, $1,191,871 from Type B, and $1,166,086 from the HOME
program. HOME program sources are $300,000 reprogrammed from the Community
Development Corporation of Brownsville for homebuyer activities in the FY2019/PY2018
Consolidated Annual Action Plan, $751,373 in program income from payments made from rental
and homeowner repair loans, and $114,713 from the future FY2023/PY2022 Consolidated Annual
Action Plan. In August 2022, the FY2023/PY2022 Consolidated Annual Action Plan will be
presented to City Council with this project's recommendation.
The proposal includes a request that the CCHFC join the development partnership (Greenwood
Manor, LP) as the General Partner and as ground lessor so that the property may qualify for
property tax-exemption. As General Partner, the CCHFC would own the project's land, lease it to
Greenwood Manor, LP, and earn 25 percent of the project's developer fee. The CCHFC portion
of the developer fee to be paid during development is $355,958 and $496,516 will be deferred
and paid from 2024 through 2034.
Corpus Christi Business & Job Development Corporation (Type A) and Corpus Christi B
Corporation (Type B) affordable housing funds will be granted to the CCHFC which will loan funds
to the project. There will be two loans made to the project from all City related sources. The Type
A funds, Type B funds and CCHFC funds will be one deferred loan totaling $1,833,914 from the
CCHFC to the project at 3 percent interest and amortized over 40 years with repayment beginning
in 2037(year 14).The HOME funds will be a$1,166,086 deferred loan from the City to Greenwood
Manor, LP at 3 percent interest and amortized over 40 years with repayment beginning in 2037
(year 14) as well. The CCHFC loan will subordinate to the City HOME loan. Both loans are
repayable through net cashflow and will be paid in full when the Limited Partner (tax credit equity
investor) exits the deal through a sale in 2039 (year 16).
The project timeline includes the following briefings, presentations for approvals, closings, and
construction dates:
City Council Briefing —April 12, 2022
Type A Board —April 18, 2022
Type B Board —April 18, 2022
CCHFC Board Meeting —April 19, 2022
City Council 1st Reading —April 19, 2022
City Council 2nd Reading —April 26, 2022
4% Low-income Housing Tax Credit Award —July 22, 2022
FY2023/PY2022 HUD HOME Allocation Council Meeting —August 2022
Bond Closing Date —August 23, 2022 (bond reservation expiration)
Construction Start—August 2022
Project Completion — December 2023
ALTERNATIVES:
HOME reprogram funds and Program Income may be allocated to alternative projects making
ALMA at Greenwood infeasible.
FISCAL IMPACT:
The federal HOME program will reimburse the $1,051,373 allocated through this ordinance.
Funding Detail:
Fund: 9045
Organization/Activity: TBD
Mission Element: 132
Project # (CIP Only): NA
Account: 530000
RECOMMENDATION:
Staff recommends the reprogramming and allocation of funds to ALMA at Greenwood.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Legal and Liability Analysis
Ordinance approving a substantial amendment to the City's FY2018-2019
Consolidated Annual Action Plan ("CAAP") to repurpose $300,000 from the
Community Development Corporation (CDC) of Brownsville Project under the
HOME Investment Partnerships Program ("HOME") to the ALMA at Greenwood
Affordable Housing Project under the HOME Program in the City's FY2021-2022
CAAP. This ordinance also approves a substantial amendment to the City's
FY2021-2022 CAAP to repurpose and appropriate $751,373.16 in Program Income
to the ALMA at Greenwood Affordable Housing Project under the HOME Program.
Whereas, the City's Neighborhood Services Department is working with the Corpus
Christi Housing Finance Corporation ("CCHFC"), the Type A & Type B Economic
Development Corporations and an Affordable Housing Project Developer to fund a new
152-unit apartment complex on the southeast corner of Greenwood Drive and Gollihar
Road for persons at or below sixty percent (60%) of the average median income for
Nueces County, Texas;
Whereas, the Neighborhood Services Department desires to repurpose and transfer
$300,000 from the CDC Brownsville Project in the HOME Investment Partnerships
Program (HOME) section of the FY2018-2019 CAAP to the ALMA at Greenwood
Affordable Housing Project in the HOME Program section of FY2021-2022 CAAP;
Whereas, the Neighborhood Services Department desires to repurpose and
appropriate $751 ,373.16 in program income from the HOME Program in the FY2021-
2022 CAAP to fund the ALMA at Greenwood Affordable Housing Project in the HOME
Program section of the FY2021-2022 CAAP;
Whereas, in accordance with HUD regulations, the City published a notice of public
hearing in the Corpus Christi Caller Times to receive public comment on the above-
referenced substantial amendments to the FY2018-2019 CAAP and the FY2021-2022
CAAP and the public hearings were held during the City Council meeting on April 19,
2022.
Now, Therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas, that:
Section 1. The FY2018-2019 Consolidated Annual Action Plan for the City is hereby
substantially amended to repurpose and transfer $300,000 from the CDC Brownsville
Project in the HOME Investment Partnerships Program to the FY2021-2022
Consolidated Action Plan, HOME Investment Partnerships Program to fund the ALMA
at Greenwood Affordable Housing Project FY2021-2022.
Section 2. The FY2021-2022 Consolidated Annual Action Plan for the City is further
amended to repurpose and transfer $751 ,373.16 in program income from the HOME
Investment Partnerships Program to the ALMA at Greenwood Affordable Housing
Project in the HOME Investment Partnerships Program of the FY2021-2022 CAAP.
Section 3. The City Manager, or designee, is authorized to execute any and all
documents necessary to implement the substantial amendments to the FY2018-2019
CAAP and the FY2021-2022 CAAP as provided in this ordinance.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of _, 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
CORPUS CHRISTI HOUSING FINANCE CORPORATION
Proposed Greenwood Manor Project
Legal Structure and Liability Analysis
To: CCHFC Officers and Directors
From: John D. Bell, Local Counsel
Date: April 7, 2022
Background. The CCHFC previously adopted an inducement resolution indicating its preliminary
intent to issue up to $15 million in revenue bonds in order to finance the development of the
Greenwood Manor Project. An application has been filed with the Texas Bond Review Board
seeking an allocation of the State volume cap allocated for multifamily housing revenue bonds and
the developer has made an application for 4% low-income housing tax credits.
In order to make the project feasible and have the property exempt from property tax,the developer
needs to structure the deal so that the land is owned by the CCHFC and leased to a limited
partnership for the development of the project. The general partner of the limited partnership
would need to be controlled by the CCHFC. The developer and tax credit investor would be
limited partners in the limited partnership.
Additionally, the CCHFC would be issuing the multifamily housing revenue bonds as previously
discussed and loaning additional funds for the development of the project.
Long-Term Ground Lease. As the owner of real estate, the CCHFC has potential liabilities as
any owner of property, but those liabilities generally can be covered by one or more policies of
commercial general liability insurance. The Lease would require the limited partnership to
maintain in full force and effect through the term of the Lease commercial general liability
insurance of at least $5 million with the CCHFC named as an additional insured. The Lease
additionally would require that the limited partnership indemnify the CCHFC, as the landlord,
from any liabilities.
Limited Partnership Structure. This structure previously has been used by the CCHFC in
connection with the Costa Tarragona I and H projects in 2005 and 2012, respectively.
LLCAs General Partner. The CCHFC would forma limited liability company ("LLC")
in which the CCHFC is the sole member. For IRS purposes, the LLC is a disregarded
entity and not considered separate from the CCHFC, but for liability purposes, only the
LLC — and not the CCHFC — has the liabilities of a general partner of the limited
partnership. The sole asset of the LLC is its interest in the limited partnership. None of
the other assets of the CCHFC would be at risk in connection with the proposed
development. The only purpose of the LLC would be to serve as the general partner of this
limited partnership.
Limited Partnership. The limited partnership ("LTD")would be comprised of the LLC as
the general partner and the developer and other investors as limited partners. The payment
of expenses and flow of revenues received by the LTD would be specified in the limited
partnership agreement. The CCHFC would have no responsibility for operation of the
LTD. A professional management company under contract would operate the project and
administer all funds and pay all expenses.
Issuance of Bonds. As noted in the earlier discussions, the multifamily housing revenue bonds
would be solely repayable from the revenues of the Greenwood Manor Project. The LTD would
be the borrower of the funds, and it would be required to make the necessary debt service payments
on the bonds typical in these conduit financings. Although technically the CCHFC makes the loan,
the terms are determined by the lender/bondholder, and the terms of the bonds issued are the same
as the loan terms for the borrower. A bank trustee collects the monthly payments from the LTD,
as the borrower, and uses them to pay the bond payments. The steps in the transaction are outlined
below:
Lender/Bondholder -1 CCHFC 2 Borrower/LTD
3
5 4
Trustee
Steps in Transaction.
Step 1. CCHFC issues bonds to lender to obtain funds for loan.
Step 2. CCHFC loans funds to borrower on same terms as specified in bonds.
Step 3. CCHC assigns all rights to loan to Trustee for Lender/Bondholder.
Step 4. Borrower/LTD makes required loan payments to Trustee.
Step 5. Trustee pays funds received to Lender/Bondholder.
Liabilities of CCHFC Are Not Liabilities of the City. The CCHFC was formed under state law
for the specific purpose of insulating the City of Corpus Christi from any liabilities in connection
with its affordable housing activities. None of the liabilities of the CCHFC in any way are
liabilities of the City of Corpus Christi.
No Impact on City Bonds. A bond issued by the CCHFC is not an obligation of the City of Corpus
Christi and in no way impacts the City's bond rating or its ability to issue bonds or certificates of
obligations. Nevertheless, the CCHFC historically has exercised caution in only issuing bonds
that either are a private placement with a lender in the manner outlined above or rated AA or better
with national rating agencies in order to avoid having the name "Corpus Christi" associated with
any bond default. The CCHFC has no ability to levy taxes, and no taxing authority or credit of the
City is involved in any of the CCHFC's financings.
Footnote on City CAFR. The financial reporting standards for the City, GASB requires that all
conduit debt issued by issuers affiliated with the City be reported as a footnote on the City's
comprehensive annual financial report. The bonds are not in any way a liability of the City, but
since the CCHFC is affiliated with the City they are noted on the financial statements in that
manner.
F:A2705\0\22 Legal and Liability Analysis 0407-1 Ldoex 2
i ee
CORPUS CHRISTI
NEIGHBORHOOD SERVICES
Greenwood Manor, LP's ALMA at Greenwood
Affordable Rental Housing Project
• City Council
April 19, 2022
ALMA at Greenwood -:
\ / CORY OS cHRI5T5
Owner: Greenwood Manor, LP
Developer: Adelante Development, LLC
Project: ALMA at Greenwood
Proposed Development
• 152 rental units all for households at or below 60% of the area median income
• Mix of 1-, 2- and 3-bedroom units
• $30.8M estimated costs
• Funding sources:
• Multifamily Revenue Bonds/HUD Insured Mortgage
• 4% Low-income Housing Tax Credits
• City and City related funds—Type A, Type B, CCHFC and HOME
• Deferred fees
• Contractor contribution
} 4
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PARKING TABULATION LEQENQ THERIGHTME TO
UNIT AND BUILDING TABULATION COMMUNITY AREAS su csaACEs� 11116.`ww<°"^ NWT Ou NOTICEn
LNII NLI NW(:. 11LUU. JWC. UNIT CLUB I OFFICES/LAUNDRY 33173.F. E VAN 9PACE9 '�
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------------- -------
1
MAIL BUILDING TYPE I-MAIL-SOUTH ELEVATION
I T I M I
,,I- MAL
BUILDING TYPE I-SIDE ELEVATION BUILDING TYPE I-MAIL-WEST ELEVATION
------------------
BUILDING TYPE I-MAIL-NORTH ELEVATION MAIL
Financing
\ / CORY OS cHRI5T5
Project Sources $30.81VI
Private Activity Bonds/HUD Insured Mortgage $15,985,000
4% LIHTC $9,607,293
Deferred Developer Fees $1,986,065
Contractor Contribution $225,000
Corpus Christi Housing Finance Corporation (loan) $481,483
Type A (granted to CCHFC, loaned to project) $160,560
Type B (granted to CCHFC, loaned to project) $1,191,871
City HOME Funds (loan) $1,166,086
City and City Related Loans
\ / CORY OS cHRI5T5
• City and City related funds to be loans to the project
• City HOME funds loan of $1,166,086
• $300,000 from unused CDC of Brownsville project
• $751,373 from Program Income
• $114,713 from future FY2023/PY2022 allocation
• Paid from net cashflow, deferred, 3% amortized over 40 years
• Corpus Christi Housing Finance Corporation loan of $1,833,914
• $481,483 from Restricted Cash
• Includes Type A/Type B funds of $1,352,431
• Paid from net cashflow, deferred, 3% amortized over 40 years
• Subordinate to City HOME funds loan
• Both loans to be repaid when Limited Partners exit the deal in 2039
General Partner
/ CORY OS cHRI5T5
• Proposal includes CCHFC as General Partner of Greenwood Manor, LP
• General Partner will earn 25% of the developer fee
• $355,958 during development
• $496,516 deferred and paid from 2024-2034
• CCHFC also acquires land and leases it on long-term lease to the LP
• LP pays cost of land
• Land and improvements are exempt from property taxes
• LP covers all costs of operations
• CCHFC receives value for termination of lease upon sale of project
Alma at Greenwood
Ownership Structure
DEVELOPMENT PARTNERSHIP
Greenwood Manor, LP
a Texas Limited Partnership
0.01% Special Limited Partner
0.01% General Partner ALMA Greenwood SLP, LLC
CCHFC Greenwood Manor GP, LLC 99.98% INVESTOR LIMITED PARTNER
a Texas limited liabilitycompany a Texas Limited Liability Company
p y (Responsible for Management (LIHTC Equity Investor)
(Ability to Control)
And Compliance)
Liability Analysis
\ / CORY OS cHRI5T5
• As landowner, CCHFC is named additional insured on all policies
• CCHFC does not directly serve as general partner of LP, but a Texas
limited liability company (LLC) is formed in which CCHFC is sole
member which insulates CCHFC from liability
• Property management company operates apartments under
management contract.
• As issuer of revenue bonds, CCHFC's liability is limited solely to loan
payment revenues received from LP
• City of Corpus Christi has no liability for CCHFC operations or bonds,
but bond indebtedness appears as footnote on CAM
tl.✓ Bond Transaction
CORPUS CHRISTI
Lender/Bondholder I CCHFC 2 Borrower/User
3�5 4
Trustee
Timeline
\ / CORV OS cHRI5T5
City Council Briefing — April 12, 2022
Type A Board — April 18, 2022
Type B Board — April 18, 2022
CCH FC Board Meeting — April 19, 2022
City Council 1st Reading — April 19, 2022
City Council 2nd Reading — April 26, 2022
4% Low-income Housing Tax Credit Award — July 22, 2022
FY2023/PY2022 HUD HOME Allocation Council Meeting — August 2022
Bond Closing Date — August 23, 2022 (bond reservation expiration)
Construction Start — August 2022
Project Completion — December 2023
so
�o
o� A
PH
v AGENDA MEMORANDUM
WoRPORPg4 Action Item for the City Council Meeting April 19, 2022
1852 Action Item for the City Council Meeting April 26, 2022
DATE: April 7, 2022
TO: Peter Zanoni, City Manager
THRU: Andrea Gardner, Assistant City Manager
and reaga(a)cctexas.com
(361) 826-3506
FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department
traceyc(a)cctexas.com
(361) 826-3021
Ordinance authorizing $1 ,352,431 in affordable housing agreements among the Corpus
Christi Business & Job Development Corporation (Type A), the Corpus Christi B
Corporation (Type B), and the Corpus Christi Housing Finance Corporation for the 152-
unit ALMA at Greenwood affordable rental housing project located at Greenwood and
Gollihar
CAPTION:
Ordinance authorizing an affordable housing agreement for $160,560.00 between the Corpus
Christi Business & Job Development Corporation (Type A) and the Corpus Christi Housing
Finance Corporation and authorizing an affordable housing agreement for $1,191,871.00
between the Corpus Christi B Corporation (Type B) and the Corpus Christi Housing Finance
Corporation for the construction of ALMA at Greenwood a 152-unit affordable rental Housing
project for households at or below 60 percent of the area median income located on 10.554 acres
on the southeast corner of Greenwood Drive and Gollihar Road east of West Point Road;
appropriating $160,560.00 from unreserved fund balance of the Business and Job Development
Fund and $1,191,871.00 from the unreserved fund balance of the Type B Affordable Housing
Fund; and amending the budget.
SUMMARY:
The ordinance authorizes two affordable housing agreements among the Corpus Christi
Business & Job Development Corporation (Type A), the Corpus Christi B Corporation (Type B),
and the Corpus Christi Housing Finance Corporation totaling $1,352,431. Adelante Development,
LLC is constructing ALMA at Greenwood, a 152-unit affordable rental housing project at the
southeast corner of Greenwood Drive and Gollihar Road east of West Point Road. The project
owner will be Greenwood Manor, LP. The $30,803,558 project will be funded with multiple
financing sources including $3,000,000 from the City's federal U.S. Department of Housing and
Urban Development allocation and other City related sources. To partially fill the gap, $160,560
will be requested from the Corpus Christi Business & Job Development Corporation (Type A) and
$1,191,871 from the Corpus Christi B Corporation (Type B). The project will serve households
with incomes at or below 60 percent of the area median income.
BACKGROUND AND FINDINGS:
On April 18, 2022, the ALMA at Greenwood multifamily affordable rental housing project was
presented to the Corpus Christi Business & Job Development Corporation (Type A) and the
Corpus Christi B Corporation (Type B). The project developer, Adelante Development, LLC, is
proposing 152 units located on 10.554 acres on the southeast corner of Greenwood Drive and
Gollihar Road east of West Point Road. The apartments will be owned by Greenwood Manor, LP.
All units will serve households at or below 60 percent of the area median income. The request
from the Corpus Christi Business & Job Development Corporation (Type A) is for $160,560 and
the request from the Corpus Christi B Corporation (Type B) is $1,191,871. Together these
agreements total $1,352,431.
The development's $30,803,558 proposal includes $15,000,000 in private activity bonds issued
by the Corpus Christi Housing Finance Corporation (CCHFC), $9,607,293 in 4% Low-income
Housing Tax Credit equity, $1,986,065 in deferred developer fees, and $225,000 in materials
contributions from the General Contractor. The project also includes $3,000,000 from the City's
federal U.S. Department of Housing and Urban Development allocation and other City related
sources. These sources are $481,483 from the CCHFC, $160,560 from Type A, $1,191,871 from
Type B, and $1,166,086 from the HOME Investment Partnerships Program (HOME). HOME
program sources are $300,000 reprogrammed from the Community Development Corporation of
Brownsville for homebuyer activities in the FY2019/PY2018 Consolidated Annual Action Plan,
$751,373 in program income from payments made from rental and homeowner repair loans, and
$114,713 from the future FY2023/PY2022 Consolidated Annual Action Plan.
The proposal includes a request that the CCHFC join the development partnership (Greenwood
Manor, LP) as the General Partner and ground lessor so that the property may qualify for property
tax-exemption. The General Partnership and the request for $481,483 in CCHFC financing will
be presented to the CCHFC Board of Directors at a special meeting of the CCHFC that will be
conducted during the regularly scheduled meeting of the City Council on April 19, 2022. As
General Partner, the CCHFC would own the project's land and earn 25 percent of the project's
developer fee. The CCHFC portion of the developer fee to be paid during development is
$355,958 and $496,516 will be deferred and paid from 2024 through 2034. The CCHFC has
adopted the $15,000,000 bond issuance resolution for the project under the development
partnership of Greenwood Manor, LP.
Corpus Christi Business & Job Development Corporation (Type A) and Corpus Christi B
Corporation (Type B) affordable housing funds will be granted to the Corpus Christi Housing
Finance Corporation which will loan funds to the project. There will be two loans made to the
project from all City related sources. The Type A funds, Type B funds and CCHFC funds will be
one deferred loan totaling $1,833,914 from the CCHFC to the project at 3 percent interest and
amortized over 40 years with repayment beginning in 2037 (year 14). The HOME funds will be a
$1,166,086 deferred loan from the City to the project at 3 percent interest and amortized over 40
years with repayment beginning in 2037 (year 14) as well. The CCHFC loan will subordinate to
the City HOME loan. Both loans are repayable through net cashflow and will be paid in full when
the Limited Partner (tax credit equity investor) exits the deal through a sale in 2039 (year 16).
The project timeline includes the following briefings, presentations for approvals, closings, and
construction dates:
City Council Briefing —April 12, 2022
Type A Board —April 18, 2022
Type B Board —April 18, 2022
CCHFC Board Meeting —April 19, 2022
City Council 1st Reading —April 19, 2022
City Council 2nd Reading —April 26, 2022
4% Low-income Housing Tax Credit Award —July 22, 2022
FY2023/PY2022 HUD HOME Allocation Council Meeting —August 2022
Bond Closing Date —August 23, 2022 (bond reservation expiration)
Construction Start—August 2022
Project Completion — December 2023
ALTERNATIVES:
The City may choose not to authorize the agreements making the project infeasible.
FINANCIAL IMPACT:
The funding sources for ALMA at Greenwood are Type A Housing Fund 1140 for $160,560 from
FY22 and Type B Housing Fund 1147 for $1,191,871 from FY23.
Funding Detail Type A $160,560:
Fund: 1140
Organization/Activity: 15000
Mission Element: 132
Project # (CIP Only): N/A
Account: 530000
Funding Detail Type B $1,191,871:
Fund: 1147
Organization/Activity: 15000
Mission Element: 132
Project # (CIP Only): N/A
Account: 530000
RECOMMENDATION:
City staff recommends authorizing an affordable housing agreement for $160,560 between the
Corpus Christi Business & Job Development Corporation (Type A) and the Corpus Christi
Housing Finance Corporation and authorizing an affordable housing agreement for $1,191,871
between the Corpus Christi B Corporation (Type B) and the Corpus Christi Housing Finance
Corporation for the construction of ALMA at Greenwood.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Type A Agreement
Type B Agreement
Legal and Liability Analysis
Ordinance authorizing an affordable housing agreement for $160,560.00
between the Corpus Christi Business & Job Development Corporation
(Type A) and the Corpus Christi Housing Finance Corporation and
authorizing an affordable housing agreement for $1,191,871.00 between the
Corpus Christi B Corporation (Type B) and the Corpus Christi Housing
Finance Corporation for the construction of ALMA at Greenwood a 152-unit
affordable rental Housing project for households at or below 60 percent of
the area median income located on 10.554 acres on the southeast corner of
Greenwood Drive and Gollihar Road east of West Point Road; appropriating
$160,560.00 from unreserved fund balance of the Business and Job
Development Fund and $1,191,871.00 from the unreserved fund balance of
the Type B Affordable Housing Fund; and amending the budget.
WHEREAS, on April 18, 2022, the Corpus Christi Business and Job Development
Corporation Board ("Type A Board") approved an agreement with the Corpus Christi
Housing Finance Corporation ("CCHFC") in the amount of $160,650.00 for the ALMA at
Greenwood Project;
WHEREAS, on April 18, 2022, the Corpus Christi B Corporation Board ("Type B
Board") approved an agreement with the CCHFC in the amount of $1,191,871.00 for the
ALMA at Greenwood Project; and
WHEREAS, the CCHFC will use the funding granted by the Type A Board and the
Type B Board to provide a loan to for the ALMA at Greenwood Project, which is a 152-
unit affordable rental housing project for households at or below 60 percent of the area
median income located on 10.554 acres on the southeast corner of Greenwood Drive and
Gollihar Road;
Be it ordained 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. Funds in the amount of $160,560.00 are appropriated from the Type A
Business and Job Development Fund No. 1140 and transferred to the Housing Finance
Corporation Fund No. 9030 for costs related to the ALMA at Greenwood Project.
Section 3. Funds in the amount of $1 ,191 ,871 .00 are appropriated from the Type
B Affordable Housing Fund No. 1147 and transferred to the Housing Finance Corporation
Fund No. 9030 for costs related to the ALMA at Greenwood Project.
Section 4. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is
amended to increase expenditures by $1 ,352,431 .00.
Section 5. The Type A is authorized to enter into an affordable housing agreement
with CCHFC in the amount of $160,560.00 for the ALMA at Greenwood Project.
Section 6. The Type B is authorized to enter into an affordable housing agreement
with CCHFC in the amount of $1 ,191 ,870.00 for the ALMA at Greenwood Project.
Page 1 of 2
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 2 of 2
AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND
CORPUS CHRISTI HOUSING FINANCE CORPORATION FOR
ALMA AT GREENWOOD PROJECT
This Agreement ("Agreement") is entered into between the Corpus Christi B Corporation
("Corporation") and the Corpus Christi Housing Finance Corporation ("CCHFC"), a Texas housing
finance corporation.
WHEREAS, the Texas Legislature in Chapter 501 et seq. of the Local Government Code
(Development Corporation Act of 1979) (the "Act") empowered local communities with the ability to
adopt an optional local sales and use tax as a means of improving the economic health and
prosperity of their citizens;
WHEREAS, on November 8, 2016, residents of the City passed Proposition 1 , Adopt Type B
Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales
and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be
imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new
and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for
affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair
of arterial and collector streets and roads;
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently
enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2018, to
be administered by the Corpus Christi B Corporation Board (the "Board");
WHEREAS, Section 501 .073 of the Act requires the City Council to approve all programs and
expenditures of the Corporation;
WHEREAS, the Board wishes to fund affordable housing projects in an effective manner;
WHEREAS, the CCHFC is working in conjunction with the City of Corpus Christi to assist in the
financing of the ALMA at Greenwood apartment project being developed by Greenwood Manor, LP
which will provide new affordable housing opportunities near the intersection of Greenwood and
Gollihar in Corpus Christi;
WHEREAS, the CCHFC will utilize the funds obtained from the Corporation in conjunction with
other funds of the CCHFC and funds obtained by the CCHFC for this Project;
WHEREAS, the Board has determined that it is in the best interests of the residents of the City
that the CCHFC be awarded affordable housing funds, by execution of this Agreement, to accomplish
the affordable housing project described in Exhibit A of this Agreement ("Project");
In consideration of the covenants, promises, and conditions stated in this Agreement, the
Corporation and the CCHFC agree as follows:
1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation
and the CCHFC is executed to implement the promotion and development of an affordable housing
project described in Exhibit A and incorporated in this Agreement by reference. The parties have
approved this Agreement in an amount not to exceed $1 ,191 ,871.00, the entirety of such funds shall
be granted to CCHFC to loan for the construction of the Project.
a. Funds provided under this Agreement may not be used for any other projects or to
reimburse the CCHFC for any staff time which is unrelated to this Project. Any funds not
used for the implementation of the Project will be returned to the Corporation.
b. CCHFC must include in its contract with Greenwood Manor, LP, and/or any other entity
associated with the Project a requirement to maintain the property and continue to rent
152 units only to qualified individuals as affordable housing in accordance with 42
U.S.C. Section 12475 for at least twenty years. If the property ceases to operate as an
affordable housing facility during that twenty-year period, the developer must
immediately reimburse the CCHFC all amounts paid to the developer under its
agreement with the CCHFC. Any funds repaid to the CCHFC must be used for a
qualified affordable housing project under 42 U.S.C. Section 12475 or returned to the
Corporation within one year after returned to the CCHFC. If the Corporation is dissolved
prior to the time at which such reimbursement of funds is required under this provision,
CCHFC will immediately reimburse the City all amounts paid under this Agreement. The
obligation to reimburse funds under this section will survive the termination or earlier
expiration of this Agreement.
c. Corporation will provide the funds to the CCHFC within 60 days after the Effective Date.
2. Annual Update. At the Board's meeting following the end of this fiscal year, the Assistant General
Manager of the CCHFC, or designee, will present an update on the Project to the Board.
3. Effective Date. The effective date of this Agreement is the date on which the Agreement is
approved by both the CCHFC and the Board and executed by both parties.
4. Term. The term of this Agreement is one year beginning on the Effective Date, unless extended
by the Parties in writing.
5. Termination. Either party may terminate this Agreement by giving at least 30 days' written notice
to the other of its intent to terminate. In the event of such termination, the CCHFC will return any
unused funds to the Corporation.
6. Amendments or Modifications. No amendments or modifications to this Agreement or to the
Project may be made, nor any provision waived, unless the amendment or modification is made in
writing and signed by persons duly authorized to sign agreements on behalf of all parties.
7. Notices.
a. Any required written notices shall be sent, certified mail, return receipt requested,
addressed as follows:
If to Corporation:
Corpus Christi B Corporation
Attn: President
1201 Leopard Street
Corpus Christi, Texas 78401
If to CCHFC:
Corpus Christi Housing Finance Corporation
Attn: Assistant City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided above.
8. Relationship of Parties. In performing this Agreement, the Corporation and the CCCHFC shall
act in an individual capacity, and not as agents, representatives, employees, employers, partners,
joint-venturers, or associates of one another. The employees or agents of either party may not be,
nor be construed to be, the employees or agents of the other party for any purpose.
CORPUS CHRISTI B CORPORATION CORPUS CHRISTI HOUSING
FINANCE CORPORATION
Lee Trujillo Andrea Gardner
President Assistant General Manager
Date: Date:
ATTEST:
Rebecca Huerta
City Secretary
Date:
APPROVED AS TO FORM:
Aimee Alcorn-Reed
Assistant City Attorney
EXHIBIT A
Greenwood Manor Apartments would be approximately 152 units of new construction garden style
apartments. The apartments will be built on 10 acres of the parcel at Greenwood Drive at Gollihar Road
with legal description Paisley Hoffman 26.6223 Acs out of Lt 12 Sec D. The development will contain 1
bedroom, 2 bedroom and 3 bedroom units in two story buildings. A large community building will contain
the leasing office and management office plus a computer learning center, an after-school activities center
and community space. The community building will also have an office for the on-site resident service
provider. Onsite there will be playgrounds, a dog park and picnic table areas.
AGREEMENT BETWEEN CORPUS CHRISTI BUSINESSS AND JOB DEVELOPMENT
CORPORATION AND CORPUS CHRISTI HOUSING FINANCE CORPORATION FOR
ALMA AT GREENWOOD PROJECT
This Agreement ("Agreement") is entered into between the Corpus Christi Business and Job
Development Corporation ("Corporation") and the Corpus Christi Housing Finance Corporation
("CCHFC"), a Texas housing finance corporation.
WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development
Corporation Act of 1979) empowered local communities with the ability to adopt an optional local
sales and use tax as a means of improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi (the "City") passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales
and use tax for the promotion and development of new and expanded business enterprises at the
rate of one-eighth of one percent to be imposed for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable
Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2
for affordable housing, up to $500,000 annually, so long as there are projects for which the amount
can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under
Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City
Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by
the Corporation's Board of Directors ("Board");
WHEREAS, the Board wishes to fund affordable housing projects in an effective manner;
WHEREAS, the Board has determined that it is in the best interests of the residents of the City
that the CCHFC be awarded affordable housing funds, by execution of this Agreement, to accomplish
the affordable housing project described in the Scope of Work, which is attached hereto as Exhibit A
and incorporated herein by reference as if laid out here in its entirety;
In consideration of the covenants, promises, and conditions stated in this Agreement, the
Corporation and the CCHFC agree as follows:
1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation
and the CCHFC is executed to implement the promotion and development of an affordable housing
project described in Exhibit A and incorporated in this Agreement by reference. The parties have
approved this Agreement in an amount not to exceed $160,560.00, the entirety of such funds shall be
granted to CCHFC to loan for the construction of the Project.
a. Funds provided under this Agreement may not be used for any other projects or to
reimburse the CCHFC for any staff time which is unrelated to this Project. Any funds not
used for the implementation of the Project will be returned to the Corporation.
b. CCHFC must include in its contract with Greenwood Manor, LP, and/or any other entity
associated with the Project a requirement to maintain the property and continue to rent
152 units only to qualified individuals as affordable housing in accordance with 42
U.S.C. Section 12475 for at least twenty years. If the property ceases to operate as an
affordable housing facility during that twenty-year period, the developer must
immediately reimburse the CCHFC all amounts paid to the developer under its
agreement with the CCHFC. Any funds repaid to the CCHFC must be used for a
qualified affordable housing project under 42 U.S.C. Section 12475 or returned to the
Corporation within one year after returned to the CCHFC. If the Corporation is dissolved
prior to the time at which such reimbursement of funds is required under this provision,
CCHFC will immediately reimburse the City all amounts paid under this Agreement. The
obligation to reimburse funds under this section will survive the termination or earlier
expiration of this Agreement.
c. Corporation will provide the funds to the CCHFC within 60 days after the Effective Date.
2. Annual Update. At the Board's meeting following the end of this fiscal year, the Assistant General
Manager of the CCHFC, or designee, will present an update on the Project to the Board.
3. Effective Date. The effective date of this Agreement is the date on which the Agreement is
approved by both the CCHFC and the Board and executed by both parties.
4. Term. The term of this Agreement is one year beginning on the Effective Date, unless extended
by the Parties in writing.
5. Termination. Either party may terminate this Agreement by giving at least 30 days' written notice
to the other of its intent to terminate. In the event of such termination, the CCHFC will return any
unused funds to the Corporation.
6. Amendments or Modifications. No amendments or modifications to this Agreement or to the
Project may be made, nor any provision waived, unless the amendment or modification is made in
writing and signed by persons duly authorized to sign agreements on behalf of all parties.
7. Notices.
a. Any required written notices shall be sent, certified mail, return receipt requested,
addressed as follows:
If to Corporation:
Corpus Christi Business and Job Development Corporation
Attn: President
1201 Leopard Street
Corpus Christi, Texas 78401
If to CCHFC:
Corpus Christi Housing Finance Corporation
Attn: Assistant City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided above.
8. Relationship of Parties. In performing this Agreement, the Corporation and the CCCHFC shall
act in an individual capacity, and not as agents, representatives, employees, employers, partners,
joint-venturers, or associates of one another. The employees or agents of either party may not be,
nor be construed to be, the employees or agents of the other party for any purpose.
CORPUS CHRISTI BUSINESS AND CORPUS CHRISTI HOUSING
JOB DEVELOPMENT CORPORATION FINANCE CORPORATION
Lee Trujillo Andrea Gardner
President Assistant General Manager
Date: Date:
ATTEST:
Rebecca Huerta
City Secretary
Date:
APPROVED AS TO FORM:
Aimee Alcorn-Reed
Assistant City Attorney
EXHIBIT A
Greenwood Manor Apartments would be approximately 152 units of new construction garden style
apartments. The apartments will be built on 10 acres of the parcel at Greenwood Drive at Gollihar Road
with legal description Paisley Hoffman 26.6223 Acs out of Lt 12 Sec D. The development will contain 1
bedroom, 2 bedroom and 3 bedroom units in two story buildings. A large community building will contain
the leasing office and management office plus a computer learning center, an after-school activities center
and community space. The community building will also have an office for the on-site resident service
provider. Onsite there will be playgrounds, a dog park and picnic table areas.
CORPUS CHRISTI HOUSING FINANCE CORPORATION
Proposed Greenwood Manor Project
Legal Structure and Liability Analysis
To: CCHFC Officers and Directors
From: John D. Bell, Local Counsel
Date: April 7, 2022
Background. The CCHFC previously adopted an inducement resolution indicating its preliminary
intent to issue up to $15 million in revenue bonds in order to finance the development of the
Greenwood Manor Project. An application has been filed with the Texas Bond Review Board
seeking an allocation of the State volume cap allocated for multifamily housing revenue bonds and
the developer has made an application for 4% low-income housing tax credits.
In order to make the project feasible and have the property exempt from property tax,the developer
needs to structure the deal so that the land is owned by the CCHFC and leased to a limited
partnership for the development of the project. The general partner of the limited partnership
would need to be controlled by the CCHFC. The developer and tax credit investor would be
limited partners in the limited partnership.
Additionally, the CCHFC would be issuing the multifamily housing revenue bonds as previously
discussed and loaning additional funds for the development of the project.
Long-Term Ground Lease. As the owner of real estate, the CCHFC has potential liabilities as
any owner of property, but those liabilities generally can be covered by one or more policies of
commercial general liability insurance. The Lease would require the limited partnership to
maintain in full force and effect through the term of the Lease commercial general liability
insurance of at least $5 million with the CCHFC named as an additional insured. The Lease
additionally would require that the limited partnership indemnify the CCHFC, as the landlord,
from any liabilities.
Limited Partnership Structure. This structure previously has been used by the CCHFC in
connection with the Costa Tarragona I and H projects in 2005 and 2012, respectively.
LLCAs General Partner. The CCHFC would forma limited liability company ("LLC")
in which the CCHFC is the sole member. For IRS purposes, the LLC is a disregarded
entity and not considered separate from the CCHFC, but for liability purposes, only the
LLC — and not the CCHFC — has the liabilities of a general partner of the limited
partnership. The sole asset of the LLC is its interest in the limited partnership. None of
the other assets of the CCHFC would be at risk in connection with the proposed
development. The only purpose of the LLC would be to serve as the general partner of this
limited partnership.
Limited Partnership. The limited partnership ("LTD")would be comprised of the LLC as
the general partner and the developer and other investors as limited partners. The payment
of expenses and flow of revenues received by the LTD would be specified in the limited
partnership agreement. The CCHFC would have no responsibility for operation of the
LTD. A professional management company under contract would operate the project and
administer all funds and pay all expenses.
Issuance of Bonds. As noted in the earlier discussions, the multifamily housing revenue bonds
would be solely repayable from the revenues of the Greenwood Manor Project. The LTD would
be the borrower of the funds, and it would be required to make the necessary debt service payments
on the bonds typical in these conduit financings. Although technically the CCHFC makes the loan,
the terms are determined by the lender/bondholder, and the terms of the bonds issued are the same
as the loan terms for the borrower. A bank trustee collects the monthly payments from the LTD,
as the borrower, and uses them to pay the bond payments. The steps in the transaction are outlined
below:
Lender/Bondholder -1 CCHFC 2 Borrower/LTD
3
5 4
Trustee
Steps in Transaction.
Step 1. CCHFC issues bonds to lender to obtain funds for loan.
Step 2. CCHFC loans funds to borrower on same terms as specified in bonds.
Step 3. CCHC assigns all rights to loan to Trustee for Lender/Bondholder.
Step 4. Borrower/LTD makes required loan payments to Trustee.
Step 5. Trustee pays funds received to Lender/Bondholder.
Liabilities of CCHFC Are Not Liabilities of the City. The CCHFC was formed under state law
for the specific purpose of insulating the City of Corpus Christi from any liabilities in connection
with its affordable housing activities. None of the liabilities of the CCHFC in any way are
liabilities of the City of Corpus Christi.
No Impact on City Bonds. A bond issued by the CCHFC is not an obligation of the City of Corpus
Christi and in no way impacts the City's bond rating or its ability to issue bonds or certificates of
obligations. Nevertheless, the CCHFC historically has exercised caution in only issuing bonds
that either are a private placement with a lender in the manner outlined above or rated AA or better
with national rating agencies in order to avoid having the name "Corpus Christi" associated with
any bond default. The CCHFC has no ability to levy taxes, and no taxing authority or credit of the
City is involved in any of the CCHFC's financings.
Footnote on City CAFR. The financial reporting standards for the City, GASB requires that all
conduit debt issued by issuers affiliated with the City be reported as a footnote on the City's
comprehensive annual financial report. The bonds are not in any way a liability of the City, but
since the CCHFC is affiliated with the City they are noted on the financial statements in that
manner.
F:A2705\0\22 Legal and Liability Analysis 0407-1 Ldoex 2
i ee
CORPUS CHRISTI
NEIGHBORHOOD SERVICES
Greenwood Manor, LP's ALMA at Greenwood
Affordable Rental Housing Project
• City Council
April 19, 2022
ALMA at Greenwood -:
\ / CORY OS cHRI5T5
Owner: Greenwood Manor, LP
Developer: Adelante Development, LLC
Project: ALMA at Greenwood
Proposed Development
• 152 rental units all for households at or below 60% of the area median income
• Mix of 1-, 2- and 3-bedroom units
• $30.8M estimated costs
• Funding sources:
• Multifamily Revenue Bonds/HUD Insured Mortgage
• 4% Low-income Housing Tax Credits
• City and City related funds—Type A, Type B, CCHFC and HOME
• Deferred fees
• Contractor contribution
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Financing
\ / CORY OS cHRI5T5
Project Sources $30.81VI
Private Activity Bonds/HUD Insured Mortgage $15,985,000
4% LIHTC $9,607,293
Deferred Developer Fees $1,986,065
Contractor Contribution $225,000
Corpus Christi Housing Finance Corporation (loan) $481,483
Type A (granted to CCHFC, loaned to project) $160,560
Type B (granted to CCHFC, loaned to project) $1,191,871
City HOME Funds (loan) $1,166,086
City and City Related Loans
\ / CORY OS cHRI5T5
• City and City related funds to be loans to the project
• City HOME funds loan of $1,166,086
• $300,000 from unused CDC of Brownsville project
• $751,373 from Program Income
• $114,713 from future FY2023/PY2022 allocation
• Paid from net cashflow, deferred, 3% amortized over 40 years
• Corpus Christi Housing Finance Corporation loan of $1,833,914
• $481,483 from Restricted Cash
• Includes Type A/Type B funds of $1,352,431
• Paid from net cashflow, deferred, 3% amortized over 40 years
• Subordinate to City HOME funds loan
• Both loans to be repaid when Limited Partners exit the deal in 2039
General Partner
/ CORY OS cHRI5T5
• Proposal includes CCHFC as General Partner of Greenwood Manor, LP
• General Partner will earn 25% of the developer fee
• $355,958 during development
• $496,516 deferred and paid from 2024-2034
• CCHFC also acquires land and leases it on long-term lease to the LP
• LP pays cost of land
• Land and improvements are exempt from property taxes
• LP covers all costs of operations
• CCHFC receives value for termination of lease upon sale of project
Alma at Greenwood
Ownership Structure
DEVELOPMENT PARTNERSHIP
Greenwood Manor, LP
a Texas Limited Partnership
0.01% Special Limited Partner
0.01% General Partner ALMA Greenwood SLP, LLC
CCHFC Greenwood Manor GP, LLC 99.98% INVESTOR LIMITED PARTNER
a Texas limited liabilitycompany a Texas Limited Liability Company
p y (Responsible for Management (LIHTC Equity Investor)
(Ability to Control)
And Compliance)
Liability Analysis
\ / CORY OS cHRI5T5
• As landowner, CCHFC is named additional insured on all policies
• CCHFC does not directly serve as general partner of LP, but a Texas
limited liability company (LLC) is formed in which CCHFC is sole
member which insulates CCHFC from liability
• Property management company operates apartments under
management contract.
• As issuer of revenue bonds, CCHFC's liability is limited solely to loan
payment revenues received from LP
• City of Corpus Christi has no liability for CCHFC operations or bonds,
but bond indebtedness appears as footnote on CAM
tl.✓ Bond Transaction
CORPUS CHRISTI
Lender/Bondholder I CCHFC 2 Borrower/User
3�5 4
Trustee
Timeline
\ / CORV OS cHRI5T5
City Council Briefing — April 12, 2022
Type A Board — April 18, 2022
Type B Board — April 18, 2022
CCH FC Board Meeting — April 19, 2022
City Council 1st Reading — April 19, 2022
City Council 2nd Reading — April 26, 2022
4% Low-income Housing Tax Credit Award — July 22, 2022
FY2023/PY2022 HUD HOME Allocation Council Meeting — August 2022
Bond Closing Date — August 23, 2022 (bond reservation expiration)
Construction Start — August 2022
Project Completion — December 2023
so
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P
v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/12/22
1852 Second Reading Ordinance for the City Council Meeting 04/19/22
DATE: March 10, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 1333 Logan Avenue
CAPTION:
Zoning Case No. 0222-04 Exclusive Housing, LLC. (District 2). Ordinance rezoning a property at
or near 1333 Logan Avenue from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family
District.
SUMMARY:
The purpose is to allow for a duplex and bring the property into conformity with the Unified
Development Code.
BACKGROUND AND FINDINGS:
The subject property is .0201 acres in size. The addition of an attached accessory dwelling unit
created an illegal two-family use in single-family zoning and occurred in approximately 2002. To
the north, south, east, and west of the property are residential homes zoned "RS-6" Single-Family
6 District. The applicant purchased the property in 2021 and the request is to bring the property
into conformity with the Unified Development Code.
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 to the "RS-TF" Two-
Family District consistent with the adopted Comprehensive Plan (Plan CC).
Public Input Process
Number of Notices Mailed
30 within 200-foot notification area
5 outside notification area
As of March 10, 2022:
I n Favor In Opposition
0 inside notification area 3 inside notification area
0 outside notification area 0 outside notification area
Totaling 12.42% of the 200-foot notification area* is in opposition.
"Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification
a rea.
Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition
ALTERNATIVES:
1. Denial of the zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family
District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-
Family District.
Vote Count:
For: 8
Opposed: 0
Absent: 0
Abstai ned: 0
Staff recommends approval of the zoning request.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0222-04, Exclusive Housing, LLC.: (District 2) Ordinance rezoning
property at or near 1333 Logan Avenue from the "RS-6" Single-Family 6 District to
the "RS-TF" Two-Family 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
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 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 described as a Lot 19, Block 16, Arcadia Subdivision, as shown in
Exhibit "A":
from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District
The subject property is located at or near 1333 Logan Avenue. Exhibit A, which is an
associated map 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.
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 2 of 4
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 4
Exhibit A
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B-1 NeighiYP-0 Business Dateet R-1 B One Family Dwelling District ` I s
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5-2 Bayfront I P tact RA Multiple Dwelt g P fi t
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Page 4 of 4
ZONING REPORT
Case # 0222-04
Applicant & Subject Property
City Council District: 2
Owner: Exclusive Housing, LLC
Applicant: Exclusive Housing, LLC
Address and Location: 1333 Logan Avenue, located along the west side of Logan Avenue,
north of Normandy Drive, east of Tyler Avenue, and west of York Avenue
Legal Description: Lot 19, Block 16, Arcadia
Acreage of Subject Property: 0.201 acres
Zoning Request
From: "RS-6" Single-Family 6 District
To: "RS-TF" Two-Family District
Purpose of Request: To allow for a duplex.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
Site Vacant
North
South "RS-6" Single-Family 6 Medium Density Residential
Low Density Residential
East
West
Plat Status: Property is platted.
Air Installation Compatibility Use Zone (AICUZ): Not located in an AICUZ area
Transportation & Circulation
Street Urban Transportation Proposed Existing Traffic Volume
Plan Type Section Section
Logan Avenue Local Residential Street 50' ROW 30' ROW Not Available
28' paved 30' paved
Transit: The Corpus Christi RTA provides service to the subject property via Bus Routes 19
and 37 as well as the Port Ayers Station.
Utilities
Water: 4-inch service line located along the rear property line
Wastewater: 6-inch service line located along Logan Avenue
Gas: 2-inch service line located along the rear property line
Stormwater: 24-inch line located along Logan Avenue
Corpus Christi Comprehensive Plan
The subject property is located within the Southeast Area Development Plan (Adopted July 11 ,
1995) and is planned for medium density residential uses based on the Future Land Use Map.
The proposed rezoning is consistent Comprehensive Plan.
Zoning Report
Page 2
Case Analysis:
Property Background:
• According to Nueces County Appraisal District, residential structure was built in 1938.
• Using Google Earth, staff can approximate the date or dates an attached accessory
dwelling unit was built in 2002.
• The addition of the attached accessory dwelling unit created an illegal two-family use in
single-family zoning.
• The applicant purchased the property in 2021 and the request is to bring the property
into conformity with Unified Development Code.
Comprehensive Plan Consistency: The proposed rezoning is consistent with the
comprehensive plan and with the Future Land Use Map. Staff considered the following policies
to determine plan consistency:
• Quality housing meets the diverse needs of households at all income levels and all stages
of the life cycle. (Plan CC: Housing and Neighborhoods)
• Corpus Christi sustains and maintains established neighborhoods. (Plan CC: Housing
and Neighborhoods)
• Promote the proper location of land uses based on compatibility, locational needs, and
characteristics of each use. (Plan CC: Future Land Use, Zoning and Urban Design)
• Encourage orderly growth of residential, commercial, and industrial areas. (Plan CC:
Future Land Use, Zoning and Urban Design)
• Housing is in good condition and code compliant. (Plan CC: Housing and Neighborhoods)
• Encourage the protection and enhancement of residential neighborhoods. (Plan CC:
Future Land Use, Zoning and Urban Design)
• Promote the stabilization, revitalization, and redevelopment of older neighborhoods. (Plan
CC: Future Land Use, Zoning and Urban Design)
• 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. (Plan CC: Future Land Use, Zoning and Urban Design)
Staff Evaluation: The proposed zoning is consistent with the adopted Comprehensive Plan
(Plan CC) and the Future Land Use Map.
• The proposed rezoning is compatible with the general character of the neighborhood.
• The proposed rezoning will bring the property into conformity with Unified Development
Code. The applicant will still need to conform with building and fire requirements.
• Medium-density residential uses are in conformity with future land use.
• Approval of the rezoning and bringing the property into conformity allows for the dwelling
unit to be code compliant.
• Two-family housing addresses affordable housing issues.
• Subject property is near the Del Mar East Campus, which is a commuter campus.
Zoning Report
Page 3
The subject property has the following potential Unified Development Code violations:
• Principal structure yard requirement — 5-foot side yard. The current structure (built
approximately in 2002) encroaches into the side yard setback and abuts the property line.
Staff is recommending the applicant apply for a variance with the Zoning Board of
Adjustment.
Planning Commission and Staff Recommendation (February 23, 2022): Approval of the
change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District.
Public Notification
Number of Notices Mailed — 30 within 200-foot notification area.
5 outside notification area
As of March 10, 2022:
In Favor — 0 inside notification area
— 0 outside notification area
In Opposition — 3 inside notification area
— 0 outside notification area
Totaling 12.42% of the land within the 200-foot notification area in opposition.
Public Hearing Schedule
Planning Commission Hearing Date: February 23, 2022
City Council 1St Reading/Public Hearing Date: April 12, 2022
City Council 2nd Reading Date: April 19, 2022
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
Zoning Report
Page 4
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Zoning and notice Area -
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RM-AT Multifamily AT Rs-e Single-Famlly 6
CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5
CN-2 Ne€ghborhood Commercial RS-TF Two-Family c
CR-1 Resort Commercial RS-15 Single-Family 15SUBJECT
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CG-1 central commer�lal Rs-Tx r wnnause. :N PROPERTY
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Zoning Report
Page 5
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CITY PLANNING COMMISSION
,PUBLIC HEARING NOTICE
Rezoning Case No. 0222-04
Exclusive HoR i LLC has petitioned the City of Corpus Christi to consider a change of zoning from the
"RS-6"Sinale-Farnily District 6 to the"RS-TF"Two-Family District,resulting in a change to the Ftuturr
Land Use Map.The proposed chap e�of zonin q is to allow for a du lex. 1 he property tc rezoned is
desct,L+ed as
A property located at or near 1333 Logan and described as Arcadia, Block -, Lot 19, located along
the west side of Logan Street. north of Normandy Drive,east of Tyler Avenue, west of York Avenue.
The Planning Commission may recommend to City Council approval or denial,or approval of an Intermediate
zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's
Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning The Planntng Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council. The public hearing will bre held Wednesday,�February 23.
2022. during one of the Planning Commission's regular meetings, which begins at 6:30 p.m., in the City
Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views
on this rezoning request For more information please call (3611) 826-3240.
TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY 'THE CURRENT PROPERTY
OWNER(S)AND MAILED IN ITS ENTIRETY To THE DEVELOPMENT SERVICES DEPARTMENT, P O
BOX 9277.CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES
PUBLIC RECORD
NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a
member or members of this Commission with an applicant or appellant concerning an application or
appeal,either at home or office`, or in person, by telephone call or by letter.
Printed Name J l
♦ �,--
Address - �j A1 _ ®City/Slate
AV!( ( )
IN FAVOR IOPPOSITION P ni N Phone:
REASON
Sign ture
SEE AMP t?rY REVERSE STOE Case No 0272-04
INFOR case No 22XM1DD6 Case Wnager.Andrew pines
property owner 10 2 Ernalr andrewdCoclertaa oorn
Zoning Report
Page 6
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CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezorying Case No. 0222-04
Exclusive Housin LLC has petitioned the City of Corpus Chnsti to Consider a change of zoning from the
"R""Sinale-Family District 6 to the"RS-TF"Two-Family District resulting in a change to the FUN
Land Use Man.The proposed change of zoning is to allpw for a duplex.The property to be rezoned is
described as
A property located at or near 1333 Logan and described as Arcadia,Block 16, Lot 19. located along
the west side of Logan Street, north of Normandy Drive,east of Tyler Avenue,west of York Avenue.
The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate
zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's
Comprehensive Plan will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning The Planning Commission will conduct a public hearing for this rezoning request to diSCUss and
formulate a recommendation to the City Council. The public hearing will be held Wednesday.February 23.
2022. during one of the Planning Commission's regular meetings, which begins at 6:30 p.m., in the City
Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views
on this rezoning request For more information, please call(3611) 826-3240
TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY
OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O
BOX 9277,CORPUS CHRISTI TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES
PUBLIC RECORD
NOTE., In accordance with the Planning Commission By-Laws, no discussion shall be held by a
member or members of this Commission with an applicant or appellant concerning an application or
appeal,either at home or o!f�fice, or in person.by telephone call or by letter.
Printed Name: tZG( ,�g .k,
Address: 13_3 2 L a,-) tit' City/State~ G r'
'
( ) IN FAVOR yin IN OPPOSITION Phone:ir,,�6(_ _c�/I✓ _ t qj q L
REASON:
Signature
SEE MikP ON RE VERSE SAIDE Cam No 0222-04
INFOR Case No.VIN1005 Case FWager Andrew Dimas
P(opmy Owner AD 14 ER%wl.andiuvwQcdexas coin
Zoning Report
Page 7
Persr+na n
Wed � — _
--- - ksalfl+tN>e Planning'- arend thus mee4ing,vhrlf0 may rbquiPa ItpiCial#MviiCp.are requested t4;:orrlad the 0e-Moprnent 3eYYirrr
,t least 48 hours ir. ::, tr at 1361 1826.3240 affignae nC_la in®enaan de eel6leC esla iwrla nr,e
[ gyros ezoec !rs su ilGsl clue de,IVA1p 48 t+cras aeric%de Is iurle M[rtg,rdo al ftP0!j4rM[d992 sanicim de deearr U 9
nuMerA 026,3260.
If yw wan to sadness the 4-:i r,rr.duhng the meeting and your E.9glrsh a lrrndvC..0ease�yat the Develaprmnt Smom CSsparlrnera at{3811
626.3240 at least 46 hours ;• to Mueat an nherpritBr be prssonr duras she rreetorg Si yam}desea dingb W,a la rrxrrrrreeiCn Slllt8lll�_la
runta v su IM165 as hrlit3e: ilk npr ypl aatisnEo de selrrVaot Qe deSB to al si rero(XI)525.;240 a,mcngs#1 pgrjW§pWs do I
L Lr�i'a sorx:Axir u'+ ._, •^.est -li a liir,mra
CITY PLANNING COMMISSION
PUBLIC NEARING NOTICE
Rezoning Case No. 0222-04
Exclusive Housing LLQ has petitioned the Cdy of Corpus Christ to consider a change of zoning from the
"RS•6"Sinaie-Famlily District 6 to the"RS-TF"Two-Family District,riltsulting in a changg tthe Future
Nand lJoit Map.The oosed change of zoningis to allow r du lex.The property to be rezoned is
described as
A proporty located at or near 1333 Logan ar%rt elw�rrihed as Arcadia,Block 16, Lot 19,located along
the west side of Logan Street, north of Normandy Drive,east of Tyler Avenue,west of York Avenue.
The Planning Commission may recommend to City Council approval or denial or approval of an intermediate
zoning classification andlor Special Permit Approval of a change of zoning, if inconsistent with the City is
Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council. The public hearnng will be held Wednesday,February 23,
2022, during one of the Planning Commtssoon's regular meetings, which begins at :3,U p.m.. in the City
Council Chambers. 1201 Leopard Street. You are invited to attend this public hearing to express your views
or this rezoning request. For more information. please call(361) 826-3240,
TO BE ON RECORD. THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY
OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O
BOX 9277,CORPUS CHRISTI,TEXAS 713469-9277 ANY INFORMATION PROVIDED BELOW BECOMES
PUBLIC RECORD.
NOTE. In accordance with the Planning Commission By-Laws. no discussion shall be held by a
member or members of this Commission with an applicant or appellant concerning an application or
appeal,either at home or office,or in person,by telephone call or by letter.
Printed Name CL c -! old �l 1
Address: WMA4by
( ) IN FAVOR fl IN OPPOSITIO Pho J -
REASON:
*710i eg��� Ay- 1W
S ig real
SEE#144P ON REVERSE SIDE C.ye Nc 17•22a4)4
INFOR Cage No. 222N100i CaSe hlfi parr ANVOA[Anal
Prooerty Cir ICS 17 crld, Crim
Zoning Case #0222-04
Exclusive Homes, LLC.
Rezoning for a property at 1333 Logan Avenue
From "RS-6" To "RS-TF"
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City Council
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o April 12, 2022
Zoning Pattern and Adjacent Development
Existing Zoning:
"RS-6" Single-Family 6 District
Proposed Use:
?P Duplex
• Q �
� F
Adiacent Land Uses:
North: Low-Density Residential
•
(Single-Family Residences)
• c South: Low-Density Residential
(Single-Family Residences)
Q East: Low-Density Residential
(Single-Family Residences)
West: Low Density Residential
a (Single-Family Residences)
Property Background
�-
I�iM�PYfM i
• Residential structure was built in 1938.
Staff approximated the date an attached
accessory dwelling unit was built-2002.
• The addition of the attached accessory
dwelling unit created an illegal two-family
use in single-family zoning.
The applicant purchased the property in
2021 and the request is to bring the
_ property into conformity with the Unified
_= Development Code.
sl
Public Notification
30 Notices mailed inside 200' buffe
5 Notices mailed outside 200' buffer 12
0 25 $
Notification Area 4 ° 6
SUBJECT 31
3 11 PROPE Y
Opposed: (12.42%) 27
Separate Opposed Owners. 3 19
9
x
In Favor: 0 (0.00%) 5 21
26
3
22
20
Notified property owner's land in square x N
feet/Total square footage of all property in
the notification area = �9�oyo.
Percentage of public opposition
4
Staff Analysis and Recommendation
The proposed rezoning is compatible with
the general character of the
J� neighborhood.
• ?P The proposed rezoning will bring the
SUBJECT �Q property into conformity with the UDC.
PROPERTY Applicant will still need to conform with
building and fire requirements.
• Medium-density residential uses are in
conformity with future land use.
• Approval of the rezoning and bringing the
property into conformity allows for the
dwelling unit to be code compliant.
• Two-Family housing addresses affordable
" r housing issues.
Staff Recommendation:Approval
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v AGENDA MEMORANDUM
µoRPORP�g4 Public Hearing & First Reading for the City Council Meeting of 4/12/22
1852 Second Reading for the City Council Meeting of 4/19/22
DATE: March 11, 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond(a)cctexas.com
(361) 826-3575
Text amendments to the Unified Development Code (UDC) concerning
Wastewater Fee Exemptions and Refunds
CAPTION:
Ordinance amending the Unified Development Code to delegate approval of wastewater
lot or acreage fee exemptions to the Director of Development Services.
SUMMARY:
Currently the City Council authorizes wastewater fee exemptions and refunds. This amendment
will authorize the Director of Development Services to exempt wastewater fees when the Planning
Commission allows for a construction waiver, and issue refunds if public wastewater service has
not been provided after 10 years but not more than 20 years of the plat filing. This will help
streamline the development process.
BACKGROUND:
City Council asked staff to consider amending the Unified Development Code to allow the
wastewater lot/acreage fee exemptions and refunds to be handled administratively, rather than
taking the requests to City Council.
The proposed amendment to UDC Section 8.5.2.G. Exemptions will allow the Director of
Development Services to exempt lot or acreage wastewater fee payments and issue refunds
instead of City Council. The criteria for exemptions and refunds will remain the same:
Criteria for exemptions:
• Located outside of an area that will not receive service in 15 years.
Criteria for refunds:
• Property owner
• No wastewater lines from the City's wastewater system serve the property.
• Property is not likely to be served by public wastewater lines within five years.
According to §3.2.1 of the UDC, text amendments may be made from time to time in order to: (a)
establish and maintain sound, stable and desirable development within the City or its ETJ; (b)
correct textual errors; or (c) adjust the text of the UDC in response to changes in conditions either
in a particular area or in the city in general. The effect of these proposed text amendments will
be city-wide.
The ordinance also amendments the City of Corpus Christi Code of Ordinances Section 14-1341
Unified Development Code fees to reflect the change to an administrative process.
ANALYSIS AND FINDINGS:
Per §3.2.3 of the UDC, in determining whether to approve, approve with modifications, or deny a
proposed Unified Development Code text amendment, the applicable review bodies shall
consider the following criteria:
1. The amendment promotes the purpose of this Unified Development Code as established
in Section 1.2. The UDC was established to reflect the City's Comprehensive Plan and its
goal to improve and protect public health, safety, and welfare.
2. The amendment is consistent with the Comprehensive Plan.
3. The amendments are consistent with other codes and ordinances adopted by the City and
are otherwise internally consistent with other provisions of this Unified Development Code,
or that any provisions with which the amendments are or may be inconsistent also are
proposed to be modified. The effects of all such modifications shall meet the above criteria,
promote the public health, safety, and welfare, and be consistent with any applicable federal
and state requirements.
4. The fiscal impact on the City and the effect on taxpayers and ratepayers of the proposed
amendment.
The proposed text amendment does not conflict with existing language in the UDC nor the
Municipal Code. Additionally, the adoption of new state statues is directly linked to the third
condition of the review criteria listed above.
ALTERNATIVES:
Denial of an Ordinance amending the Unified Development Code to delegate approval of
wastewater lot or acreage fee exemptions to the Director of Development Services.
FISCAL IMPACT: There are no fiscal impacts associated with this item.
RECOMMENDATION:
Planning Commission recommended approval on January 12, 2022. Staff recommends approval
of the text amendment to the UDC.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Ordinance amending the Unified Development Code to delegate approval of
wastewater lot or acreage fee exemptions to the Director of Development
Services
WHEREAS, the Planning Commission has forwarded to the City Council its final report
and recommendation regarding this amendment of the City's Unified Development Code(" UDC");
WHEREAS, a public hearing was held during a meeting of the Planning Commission when
said Commission recommended approval of the proposed UDC amendments, and with proper
notice to the public, an additional public hearing was conducted during a meeting of the City
Council, during which all interested persons were allowed to appear and be heard;
WHEREAS, amendments are to promote public safety, enhance quality of life through
visual relief and facilitate development and redevelopment; and
WHEREAS, the City Council has determined that this amendment to the UDC would best
serve the public's health, necessity, convenience and the general welfare of the City and its
citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and
correct and are hereby adopted as a part of this Ordinance.
SECTION 2. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.5.2.G.
"Exemptions" is amended by adding the following language that is underlined (added) and
deleting the language that is stricken as delineated below:
8.5.2.G. Exemptions
1. No Wastewater Trust Fund lot or acreage fee shall be paid if such land for which the fees
are paid lies within an area exempted by the Director of Development Services or City
Council from the payment of such fees. Such exempted areas shall be those determined by
the Director of Development Services or City Council to not likely to be served by City
wastewater services within the next 15 years. The Director of Development Services may
make such determination when the fees of the area being exempted are $50,000 or less.
City Council, with the advice of the Assistant City Manager of Development Services and the
Planning Commission,-may make such determinations whenever the fees of the area being
exempted are more than $50,000. ReseSsary. Any request for a determination of exemption,
other than from the Assistant City Manager of Development Services, Planning Commission,
or the City Council, shall be submitted in writing to the ^cc c+ter+ r-;+„ MaRageF of Director of
Development Services, along with the filing fee published in the Development Services Fee
Schedule, Chapter 14, Municipal Code. For areas with fees greater than $50,000, the
Assistant City Manager of Development Services shall make its recommendation to the
Planning Commission and such request will be scheduled for a Planning Commission
hearing within 60 days after the filing of such request. Thereafter, the Planning Commission
shall make its recommendation to the City Council, which shall make the final determination.
The City Council, may, at any time, cease to exempt any area previously exempted, and
thereafter such fees shall apply. Owners of property for which a wastewater lot or acreage
fee has been paid under conditions of this paragraph, may receive a refund of their pro-rata
portions (based on the total lots or acreage) of the lot or acreage fee paid if, after 10 years,
but not more than 20 years from the date of the filing of the plat, the owners of 50% of the
property within said final plat petition the City Council for a hearing to determine whether the
fees should be refunded. A refund may be made if the City Council finds:
a. The petitioners are the property owners of lots for which a wastewater lot or
acreage fee has been paid;
b. No wastewater lines serve the petitioners' property from the City's wastewater
system, from another governmental entity, or from existing wastewater control
districts, or authorities which provide for the collection or treatment of sanitary
sewage; and
c. The property is not likely to be served with such wastewater lines within five
years.
i. Any refunds shall only be made when monies are fully available in and
appropriated from the Wastewater Trunk Line Trust Fund. The order of
reimbursement will be determined according to the date the application
for refund is approved by the City Council.
ii. Governmental entities, wastewater control districts, or authorities other
than the City which have provided for the collection or treatment of
sanitary sewage to a tract of land for which a lot or acreage fee has been
paid to the City may apply to the City for a reimbursement of the lot or
acreage fee paid on such tract if such fee has not already been refunded
to the lot owners. Any refunds only shall be made when monies are fully
available in and appropriated from the Wastewater Trunk Line Trust
Fund. The order of reimbursement will be determined according to the
date the application for reimbursements is approved by the City Council.
iii. The foregoing shall apply with respect to exempting from payment or
refunding of lot and acreage fees only and is not intended to exempt or
waive any other platting or other requirements.
2. Government subdivisions, being defined as federal, state, county, or municipal entities and
their subsidiary or affiliate corporations, whose operation is funded by collection of taxes,
including sales tax, property tax, income tax, and other forms of taxes as may be
established and accessed by such government subdivisions, shall be exempt from payment
of acreage fees and surcharge fees described herein. Entities exempt from payment of said
fees shall be prohibited from receiving reimbursement from any fund established as a
depository of such fees.
3. The exemption in this section only applies lot or acreage fees to be deposited into the
Wastewater Trunk Line Trust Fund. The exemption in this section does not apply to impact
fees or any other fee not specifically identified in this subsection.
SECTION 2. Section 14- 1341, Unified Development Code fees, of the Corpus Christi Code is
amended by adding the following language that is underlined (added) and deleting the language
that is stricken (deleted j as delineated below:
Sec. 14- 1341. Unified Development Code fees.
This division sets the amounts of the fees required by the Unified Development
Code.
UNIFIED DEVELOPMENT CODE FEES
Year 1 Year 2 Year 3 Year 4
Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024-
9/30/2022 9/30/2023 9/30/2024 9/30/2025
****************************************************
Wastewater fee exemption for G} $600.00 $660.00 $726.00 $798.60
+I consideration
****************************************************
Page 2 of 4
SECTION 3. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or
provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this Ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full
force and effect for its purpose.
SECTION 4. 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 5. 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
day, the day of , 2022, by the following vote:
Paulette Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing Ordinance was read for the second time and passed finally on this day, the
day of 2022, by the following vote:
Paulette Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this day, the day of , 2022.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
Wastewater Fee Exemption and Refund
Text Amendment to the
Unified Development Code (UDC)
Public Hearing
City Council
April 12, 2022
Background — Construction Waivers
• Platting: Required public improvements identified.
• Waivers shall be submitted for on-site sewage facilities (aerobic
septic, individual wastewater treatment plant, interim service)
when wastewater service is not reasonably accessible.
• Reasonably accessible means:
o Master plan facilities are in the service area and can be
extended
o Collection lines of sufficient capacity within 1000 feet of
the property
• Approved by Planning Commission
Background — Fee Exemptions & Refunds
• Platting Process: Along with infrastructure construction, fees
are also assessed during the platting process.
• Fees are placed into the Wastewater Trust Tund system
• A fee exemption may be requested if wastewater construction is
waived
o The waiver is then considered/approved by City Council upon
Planning Commission recommendation
• A refund may be requested for fees if wastewater is not made
available to the subject tract after 10 years but not more than 20
years of the plat filing
o The refund is considered/approved by City Council
Fee Exemptions
32 23
5
13
31 24
10
12
17
29
26
4
27 20 2 0 8
16 1 wpea 25
15 21
9
28
�22
........
Amendments
• Allows Director of Development Services to exempt fee
payments and issue refunds instead of City Council
• Criteria for fee exemptions:
o Located outside of an area that will not receive
service in 15 years.
• Criteria for refunds:
o Property owner
o No wastewater lines from the City's wastewater
system serve the property.
o Property is not likely to be served by public
wastewater lines within five years.
Recommendation
Planning Commission and staff
recommend approval of the proposed
text amendment
SC
00
o`� A.
AGENDA MEMORANDUM
NCORPOR I First Reading Ordinance for the City Council Meeting April 19, 2022
1852 Second Reading Ordinance for the City Council Meeting April 26, 2022
DATE: April 19, 2022
TO: Peter Zanoni, City Manager
FROM: Jeff Edmonds, P.E., Director of Engineering Services
Jeff E(a)cctexas.com
(361) 826-3851
Revocable Easement and Temporary Construction Easement
with Kinder Morgan Tejas Pipeline LLC
CAPTION:
Ordinance authorizing a Revocable Easement and a Temporary Construction Easement with
Kinder Morgan Tejas Pipeline LLC for 0.05 acres of revocable easement and a temporary
workspace easement of 1.51 acres to realign a portion of an existing 24-inch pipeline that
transports natural gas, gaseous products, crude oil and other hydrocarbons or minerals in liquid
or gaseous form on City owned property, operated by Solid Waste Department, located at the
intersection of County Road 20 and County Road 57, appropriating $11,200 into the City's Solid
Waste Operating Fund and reimbursent to LA Farms in an amount of $2,764 from Solid Waste
Operating Fund for crop damages.
SUMMARY:
The Ordinance permits the City and Kinder Morgan Tejas Pipeline LLC (Tejas) to execute a
Revocable Easement and a Temporary Construction Easement. The easements have been
approved by the Solid Waste Department and will not impact any present or future Solid Waste
operations or services.
BACKGROUND AND FINDINGS:
The City purchased the 620-acre tract of Cefe Valenzuela Landfill property in 2000 for future
expansion of the landfill. The property is currently leased to LA Farms for agriculture operations.
There is an existing 24-inch pipeline, built in 1954, which crosses the property in the northeast
corner to transport natural gas, gaseous products, crude oil and other hydrocarbons or minerals
in liquid or gaseous form.
The existing pipeline must be replaced and rerouted due to the damaged condition. Negotiations
between Tejas and the City have concluded with a lump sum payment to the City in the amount
of$11,200.00 which is outlined below:
Permanent Pipeline Easement $ 6,412.00
Temporary Workspace $ 2,000.00
Crop Damages $ 2,764.00
Total $11,176.00 ($11,200.00)
The City will pay the current tenant for crop damages. Construction is scheduled to begin
immediately upon Council approval and will take approximately 30 to 60 days.
ALTERNATIVES:
Council can disapprove the request to execute the easement which will not allow the pipeline
realignment.
FISCAL IMPACT:
FY 2022 fiscal impact in the General Fund is an amount of$8,436.00 ($11,200 to be deposited
and $2,764 to be reimbursed to LA Farms).
FUNDING DETAIL:
Permanent Pipeline Easement/Temporary Workspace:
Fund: General Fund (Fund 1020)
Org #: Cefe Valenzuela Landfill Oper (Solid Waste) (Org #12506)
Mission Elem: Revenue (ME 888)
Project: Kinder Morgan Easement (Project No. N/A)
Account: Revenue (344000)
Activity: N/A
Amount: $8,412.00
Permanent Pipeline Easement/Temporary Workspace:
Fund: General Fund (Fund 1020)
Org# Cefe Valenzuela Landfill Oper (Solid Waste) (Org #12506)
Mission Elem: Solid Waste (ME 033)
Project: Kinder Morgan Easement (Project No. N/A)
Account: Misc Charges (540250)
Activity: N/A
Amount $2,764.00
RECOMMENDATION:
Staff recommends City Council approve this item as presented.
LIST OF SUPPORTING DOCUMENTS:
City Council Exhibit
Ordinance
Revocable Easement & Temporary Construction Easement
Ordinance authorizing a Revocable Easement and a Temporary
Construction Easement to Kinder Morgan Tejas Pipeline LLC for 0.05
acres of permanent easement and a temporary workspace easement of
1.51 acres to realign an existing 24-inch pipeline on City owned
property, operated by Solid Waste Department, located at the
intersection of County Road 20 and County Road 57, depositing
$11,200 into the City's General Fund and reimburse LA Farms in an
amount of$2,764 from General Fund for crop damages.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1: That a 30-foot wide Revocable Easement and a 1 .51 acre Temporary
Construction Easement be granted to Kinder Morgan Tejas Pipeline, LLC, for the
purpose of constructing, operating, maintaining, repairing and removing a 24-inch
pipeline across City owned property operated by the Solid Waste Department for future
expansion of the Cefe Valenzuela Landfill in Corpus Christi, Nueces County, Texas, for
the amount of $11 ,200 to be paid to the City.
SECTION 2: Revenue in the amount of$11,200 is accepted from Kinder Morgan Tejas
Pipeline, LLC and deposited into the General Fund.
SECTION 3: That LA Farms will be paid $2,764 for crop damages.
SECTION 4: That the City Manager or designee is authorized to execute the
Revocable Easement, Temporary Construction Easement and other related
documents, including minor amendments thereto.
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2022 by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of _, 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Project Location
Location Map
COUNTY ROAD 20
' (n
(n
r D
fs;� t < Cn
t w Cn
rt
„ e
ty
2444
CITY OF
CORPUS CHRISTI
TRACT
MAP KEY
0
O
EXISTING PIPELINE z
PROPOSED PIPELINE LOCATED IN CITY PROPERTY
v
PROPOSED PIPELINE OUT OF CITY PROPERTY
PROPOSED
CITY COUNCIL EXHIBIT
KINDER MORGAN TEJAS CITY OF CORPUS CHRISTI,TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PIPELINE LLC EASEMENT
REVOCABLE EASEMENT
(Kinder Morgan Tejas Pipeline LLC)
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That, the City of Corpus Christi, a Texas home-rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its
duly authorized City Manager, or designee, ("City Manager") in consideration of the sum
of Ten Dollars ($10.00) to it in hand paid by KINDER MORGAN TEJAS PIPELINE LLC,
whose address is 1001 Louisiana Street, Suite 1000, Houston, Harris County, Texas,
("Grantee"), the receipt of which is acknowledged, and the further consideration of
"Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines
and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's
pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has
GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND
CONVEY, upon the conditions hereinafter stated unto the said KINDER MORGAN TEJAS
PIPELINE LLC, the right to relocate, install, operate, repair, replace, and maintain up to
one pipelines not to exceed 24 inches in diameter, together with appurtenant facilities
including, but not limited to, valves, meters, regulators, cathodic protection, pigging
facilities, test leads, and aerial markers for the transportation of natural gas, gaseous
products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid
form, across, under and upon the land owned by Grantor described on the attached
Exhibit A and shown on the attached Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns,
together with the right to enter upon Grantor's tract of land as shown on the attached and
incorporated Exhibit "A and B", for the purpose of relocating, installing, operating,
repairing, replacing, and maintaining said Improvements under the following conditions.
1 . Definitions:
a) City means the City of Corpus Christi, a Texas home-rule municipal
corporation.
b) Grantor means City, and may be used interchangeably with City.
c) City Manager means the City's City Manager or designee.
d) Director means City's Director of Engineering Services or designee.
e) Risk Manager means City's Director of Risk Management or designee.
f) City Attorney means City's City Attorney or designee.
g) Grantee means Kinder Morgan Tejas Pipeline, LLC.
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h) Improvements means one refined products pipeline not to exceed 24
inches in diameter, together with appurtenant facilities including, but not
limited to, valves, meters, regulators, cathodic protection, pigging facilities,
test leads, and aerial markers all within City property.
i) Contractor means Grantee's agent to construct, maintain, replace,
repair, or remove the Improvements.
j) Exhibit A and B means the Exhibits, whether 1 or more pages, showing
the locations where the Improvements enter or cross City property.
k) City Utilities means the City's Water, Wastewater, Storm Water and Gas
divisions.
1) Franchisees' Preexisting Improvements means those improvements
owned or operated by a franchise or licensee of the City that were in place
prior to the Improvements installed under this Revocable Easement.
m) Utilities Representative means the applicable City Utilities
representative that needs to be notified (1) prior to routine construction or
repair work or (2) prior to or concurrently with emergency repair work.
During routine relocation, installation, operation, repair, replacement, and
maintenance work the Utilities Representative will be the appropriate Water,
Wastewater, Storm Water or Gas division foreman on duty. The City has
Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365
days a year. The Water Representative, the Wastewater Representative,
the Gas Representative, and the Stormwater Representative is the
respective name for each division's authorized representative as set out
above, and collectively called the Utilities Representative.
n ) Franchisee's Representative means the representative of a City
franchisee or licensee that has preexisting Improvements within 2-feet of
the proposed Improvements that need to be notified (1) prior to routine
construction or repair work or (2) prior to or concurrently with emergency
repair work. During routine installation, maintenance, or repair work each
franchisee's or licensee's representative (e.g. the SWBT Representative,
the AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
o) City Inspector means that person acting on behalf of the City inspecting
the relocation, installation, operation, repair, replacement, and maintenance
of the Improvements.
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p) Revocable Easement Area means that portion of City property upon
which the Improvements will be installed, operated, repaired, replaced, and
maintained.
2. Construction Standards. All work proposed by Grantee to install, repair,
or replace the Improvements will equal or exceed Department of Transportation Pipeline
Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 -
Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of
Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the
Improvements.
3. Compliance with Laws. In installing, operating, maintaining, repairing, or
replacing the Improvements Grantee must comply with all applicable Federal, State,
County, and City laws and ordinances, and all amendments thereto, and secure all
necessary permits from the appropriate agencies, including but not limited to, Chapter 35
of the City Code, which provides for emergency response coordination for pipelines
transporting hazardous substances, liquids, and gases, including information reporting
requirements for existing and new pipelines.
4. Depth Limits and Water Transmission Pipeline Clearances . Grantee must
install, replace, repair, and maintain the Improvements so that no portion of the pipeline
will be any shallower than 36-inches from existing ground or roadway pavement. Grantee
will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines
and any City water transmission pipelines. Grantee must notify Texas One-Call for utility
locations in the Revocable Easement Area at least 48 hours prior to the start of
construction.
5. Crossing or Ditch Requirements. Prior to any repair or replacement of the
Improvements, Grantee must provide protection at all road crossings or ditches, by either
casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the
Railroad Commission or Federal D.O.T. as applicable.
Grantee will maintain a minimum clearance of ten (10') feet between Grantee's
pipelines and Grantor's concrete lined drainage channels located on Grantor's property.
6. Operating Pressure. Grantee's maximum operating pressure for the
Improvements must not exceed design limitations as set forth in the Railroad Commission
or Federal D.O.T. regulations for the size and type of line to be installed and operated.
7. 60 Day Revocation. Grantee understands and agrees that the right and
easement herein granted may be revoked at any time by the City of Corpus Christi acting
through its City Manager, and Grantee may be required to remove the Improvements at
Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of
Department of Transportation or Railroad Commission laws, rules, or regulations, or City
ordinances, Grantee will be given written notice of the violation and 30 days from receipt
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of such notice to commence to cure the stated violations, within the overall 60 day period.
If after the 30 day cure period has expired and Grantee has not cured the violations, this
Revocable Easement may be revoked and Grantee may be required to remove the
Improvements upon 30 days' notice in writing: provided however that if Grantee has
commenced to cure the stated violation but has not completed same with the 30 day cure
period, Grantee may proceed to cure such violation and this Revocable Easement shall
not be revoked.
8. Improvements Markers. Grantee will place markers at the points where
such Improvements enter or leave a public street or drainage right-of-way or other City
property. Such markers must be of permanent construction bearing Grantee's name and
emergency telephone number and placed on the edge of the public right-of-way.
9. Assignability. This Revocable Easement, and all its terms and conditions,
bind and inure to the benefit of Grantor and Grantee and their respective lessees,
licensees, successors, and assigns. Grantee may assign this Revocable Easement to
any person, firm, corporation, partnership, or other entity, with the prior written consent of
Grantor's City Manager, which consent will not be unreasonably withheld. Any
assignment must provide that the assignee unconditionally assumes all the duties and
obligations of assignor upon the same terms and conditions as set out in this Revocable
Easement, which assumption of duties and obligations is partial consideration for
Grantor's consent to the assignment.
10. Construction Drawings &As-Builts. Grantee must provide Director with a
set of construction plans for all work proposed for the Improvements located within the
Revocable Easement Area, one month prior to the start of construction, for Director's
review and approval. The plans will tie the centerline of the proposed Improvements to
the centerline of the Revocable Easement Area. Any centerline improvements will also
be tied to the existing utility centerlines. The Grantee must provide the Director with a
complete depth profile, distance, and location of its Improvements from existing City
utilities, other franchised utilities, and other pipelines, that fall within the Revocable
Easement Area. The Grantee is advised that centerline of proposed Improvements must
have a minimum centerline to centerline horizontal distance as shown in the table below:
Water - 60)) TimeWarner - 12" KMC - 1211
Wastewater - 18" SWB - 1211 ICG - 1211
Gas - 1811 AEP (CPL) - 12" Grande(ClearSource) - 12"
Storm Water - 18" ESPIRE - 1211 Caprock - 1211
The Grantee must provide the Director with a 24"x36" size reproducible set of as-built
drawings of the Improvements within 60 days after completion of construction; failure to
do so may result in termination of Grantee's Revocable Easement.
11. Insurance. The Grantee must not commence work within the Easement
area until it and its Contractor have obtained through self-insurance or insurance policies
required herein and proof of such insurance as evidenced by the Certificate of Insurance
has been submitted to and approved by the Risk Manager. The required type and amount
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of required insurance coverage is specified in the attached and incorporated Exhibit C.
The Grantee and its Contractor, if any, must have and maintain Commercial General
Liability Insurance during the entire construction phase of the project. When construction
is finished and the Improvements completed, the Grantee must have and maintain
Commercial General Liability Insurance through self-insurance or insurance policies for
the entire duration of this Revocable Easement and for so long as Grantee's
Improvements are located in or upon property of the Grantor. This provision shall survive
termination or expiration of this Revocable Easement.
The contractual liability portion of this insurance must be broad enough to cover the
indemnity requirements of this Agreement. Such policies of insurance must include the
City as an additional insured with respect to any liability arising out of the Grantee's and
its Contractor's use or maintenance of the Improvements in the Revocable Easement
Area. The insurance policies specified must include an endorsement stating that the
insurance company(ies) must give the Director 30 days written notice by certified mail,
before any policy covered thereby is canceled, not renewed, or materially changed.
Copies of all insurance policies from Grantee and Contractor must be provided to City
Attorney within 30 days after City Manager's reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to the
City Attorney within 30 days of the City Manager's reasonable request therefor if an
incident-relating to the Improvements or Grantee's operations hereunder-occurs that
reasonably appears to be covered by such insurance. If such copies are requested and
provided, Grantee may mark the information in Grantee's policies that Grantee believes
is confidential or proprietary. If City is requested to provide all or part of Grantee's
insurance policies to third parties, City will timely forward the records to the Attorney
General for a determination whether the records are "Open Records" under the Texas
Open Records Act. City will contemporaneously notify Grantee of the open records
request so that Grantee may participate in any available procedures and take steps it
believes necessary to protect the nature of the confidential or proprietary information.
12. Indemnity. Grantee must fully indemnify the City of Corpus Christi,
its officers, employees and agents ("Indemnitees") against any and all liability,
damage, loss claims, demands, and actions of any nature whatsoever on account
of personal injuries (including without limitation,workers; compensation and death
claims), or property loss or damage of any kind, or any other kind of damage which
arise or are claimed to arise out of or in connection with the Grantee's or Grantee
officers', agents', and employees' ("Grantee's Agents") and/or Grantee's
contractors' negligent acts or omissions or acts of intentional or willful misconduct
in their respective installing or marking of the Improvements or other construction,
operation, maintenance, repair, control, or use of the Improvements or the
Revocable Easement Area, including but not limited to, those damages arising out
of Indemnitees' intentional or negligent acts in cutting or causing to be cut the
Improvements during installation, repair, replacement, maintenance, or operation
of City utilities located in or adjacent to the Revocable Easement Area; and
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including but not limited to those damages arising out of the Grantee's or Grantee's
Agents' intentional or negligent acts in cutting or causing to be cut City utility lines
during Grantee's or Grantee's Agents' of Grantee's contractors' use of the
Revocable Easement Area. This provision shall continue so long as Grantee's
Improvements are located on City property.
13. Repairs to CitV's Improvements or Franchisees' Preexisting Improvements.
Grantee will repair, or cause to be repaired, any damage its construction, operation,
repair, relocation, replacement or maintenance of the Improvements causes to a City
street, sanitary sewer, storm water, gas, drainage facility, or to a Franchisees' Preexisting
Improvements if the City Improvements or Franchisees' Preexisting Improvements were
in place prior to Grantee's initial installation of the Improvements.
14. Abandonment of pipeline. Grantee may leave abandoned pipe in place
unless the Director requires the Grantee to remove the abandoned pipe to facilitate city
operations or protect the public safety. Upon notice from the Director, Grantee shall
promptly remove the specified abandoned Improvement. If a Grantee abandons
Improvements, the Grantee remains responsible for the safe condition of the
Improvements after the pipe is abandoned, The City will not assume ownership or control
over the abandoned Improvements, and the City assumes no responsibility for their
maintenance and safety, unless the City in writing accepts a particular facility. Subsection
49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and
appurtenances not removed by Grantee after abandonment. If Grantee removes any
pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole
cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances.
15. General Conditions.
a) Recordation. Grantee will record the Revocable Easement at the Office
of the County Clerk, Nueces County Courthouse, and Grantee will provide
a recorded copy to Grantor.
b) Notification and Verification. Contractor must verify depth and locations
of City Utilities, and all Franchisees' Preexisting Improvements in or near
the Revocable Easement Area 48 hours prior to commencing any routine
construction or repair work, other than bona fide emergency repairs which
must be reported to the appropriate Utilities Representative(s), the Street
Superintendent, and the appropriate Franchisee's Representative(s)
immediately upon Grantee's knowledge of the need for repairs.
Contractor must notify the Utility Representatives to verify depths and
locations before beginning construction or repair work. The Utility
Representatives, the Street Superintendent, and the Franchisee's
Representatives may have a representative present during Grantee's
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construction, repair, or emergency repair operations.
c) Permit. 48 hours prior to commencing any routine construction or
repair work, and by 9 a.m. the next work day for emergency repairs, the
Grantee will apply to the Director or his designee for a permit before
disturbing part of the Revocable Easement Area. Grantee must perform the
work in accordance with the permit and all applicable federal, state, and
local laws and regulations.
Contractor must not leave trenches or pits in the Revocable Easement Area
open overnight unless Contractor provides adequate safety and security
devices to prevent possible injuries or accidents. All trenches or pits must
be backfilled as soon as possible, the backfill properly compacted, the
surface restored, and the work all done in a neat and workmanlike manner.
No bore pits may be left open longer than 14 calendar days regardless of
location. Barrel type barricades will be placed adjacent to all pits.
At a minimum the following items will be included in the permit:
i) Bore. Grantee's pipelines crossing the Revocable Easement Area
will be dry or slick bored. Wet or slick bore may be approved by the
Director if the Grantee will provide the Director or "Designee" sufficient
and satisfactory soil analysis information to support the wet bore.
ii) Open-Cut. Grantee or its Contractor must saw cut any existing
concrete and asphalt down to sub-base, and replace with new concrete
or asphalt. The pavement repair must consist of 5-inches of compacted
Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e.,
3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement
must extend over the existing base for a width of 12-inches on either
side of trench cut. Subgrade will be trenched with some prime coat MC-
70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand
containing a minimum of 2 sacks of Standard Type I Portland cement
per cubic yard of sand in street right-of-way where asphalt concrete
pavement has been cut and surface. Pavement will be restored as
described five feet on each side of cut centerline, such that no settlement
will occur in roadway area. Grantee will encase the Improvements in
sand, with a minimum of 8-inches around the Improvements.
d) Uncovering City Utilities, A City Inspector has the authority to request
Contractor to uncover a Utility Line in the Revocable Easement Area to
verify its depth or location. If the proposed Improvements cross an existing
transmission main (16" diameter and above), the Contractor will uncover
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the main at the point of intersection with the Improvements, with a Utilities
(Water) Representative on-site during excavation. This excavation will
occur 24 hours prior to start of construction of that portion of the
Improvements that intersect the transmission main.
If the proposed Improvements cross a City Utility, Grantee must maintain a
3-foot vertical separation; however Grantee must maintain a twelve (12) foot
vertical and 5-foot horizontal separation around all water transmission
mains.
Grantee must properly compact backfill around all existing City Utilities in
accordance with all City constructions standards, including City Water
Distribution System Standards, paragraph 15(c), and the City Inspector's
request. Contractor must take every precaution to not disturb the soil
surrounding the existing City Utilities, including any and all thrust blocks.
If Contractor's work on the Improvements damages a Waterline, as
determined by the Water Representative, a Water crew must be
immediately allowed access to the Revocable Easement Area to make all
repairs. All City costs (labor and equipment) associated with the Waterline
repairs will be paid by the Grantee within 30 days after City sends Grantee
an invoice. The Water Representative will determine the extent of damage
to the Waterline and the type of repair necessary.
If Contractor's work on the Improvements damages a City Utility line and
soil or sand enters service lines and causes damage to residential or non-
residential plumbing, Grantee must resolve the damage issue with the
individual owners, including all costs associated with resolution.
e) City Inspectors. While work is being done within the Revocable
Easement Area, including without limitation work around any existing Water
main, Contractor must pay for each City Inspector's time at the Revocable
Easement Area at a daily rate of $301.31 for each day spent inspecting
construction, maintenance, repair, replacement, or relocation of said
Improvements. A half-day - 4 or more hours of work - constitutes a whole
working day for purposes of calculation. Any time in excess of 8 hours a
day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of
$56.49 per hour. Grantee must pay these funds to the appropriate City
Department within the City as allocated by the Director. The daily rate and
overtime charges may be changed by the Director each August 1 based
upon the average wages of the City Inspectors. The new charges will be
on file with the Director.
0 Drainage, grading, and erosion. Contractor must maintain proper
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drainage at all times, including without limitation at the end of each work
day, in all drainage ditches impacted by the construction, maintenance,
repair, replacement, or operation of the Improvements.
After completion of, or in the event of repair or replacement of, the
Improvements, Contractor must reshape and grade, and sod if applicable,
drainage ditches to a correct and permanent condition as determined by the
Director. If the drainage ditch is concrete there will be no grading, etc., but
the ditch must be repaired to its previously existing condition as determined
by the Director.
If there is any erosion of roadway or private property due to loss of existing
vegetation along the banks of the drainage ditches, or from any other
condition due to disturbing the soil along the Revocable Easement Area
caused by Grantee relocating, installing, operating, repairing, and replacing
the Improvements, Grantee must resolve the damages issue with the
individual owners, including all costs associated with resolution.
g) Damages to structures. If there is any damage to driveways, culverts,
head walls, and any other structure, public or private, caused by Grantee
relocating, installing, operating, repairing, and replacing the Improvements,
Grantee must resolve the damages issue with the individual owners,
including all costs associated with resolution.
h) Equipment and materials. Grantee may not store or leave overnight
any equipment or material on City property. Grantee's equipment or stock
pile of material on private property, temporary construction easement or on
City right-of-way during the day, must not obstruct the vision of vehicles or
pedestrians for 500 feet either direction from a street intersection or
driveways onto a street.
i) Aesthetics. To preserve and protect trees, shrubbery, and other
aesthetic features on the street right-of-way and on City property, the
Director may specify the extent and methods of tree removal, tree trimming,
or replacement, and replacement of other aesthetic features, including
specifying the methods of installing the Improvements. The Director will
use due consideration in establishing the value of trees and other aesthetic
features in the proximity of the proposed Improvements and any special
requirements justified by the value of the trees and other aesthetic features.
j) Testing. City Inspector determines when laboratory testing will be
required, the number, location, and frequency of testing. All testing is at the
Contractor's expense.
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k) Safety. The City Inspector may request any other conditions that
may be required to complete this project in a safe and workmanlike manner.
I) Guarantee. Grantee's workmanship and materials must comply with
all applicable City Standards and all work must be guaranteed by the
Grantee for a one-year period from the date Grantee provides the
reproducible, as-built drawing required by Section 10, to the Director.
m) Notification of Leaks. Grantee must notify Director of any spills and
leaks within the Revocable Easement Area within two business days after
Grantee is aware of the spill or leak. Grantee must pay for all remediation
costs related to its Improvements spills or leaks within the Revocable
Easement Area. Grantee must provide Director a remediation plan that
complies with all applicable federal, state, and local rules and regulations at
the time of discovery of the leak or spill. The City Manager may investigate
the condition and extent of the leaks and spills.
16. City use of Revocable Easement Area. All rights granted Grantee are
subordinate to all uses as the City may make of such Revocable Easement Area, and
street right-of-ways for public purposes, and any drainage right-of-way for State, County,
or City purposes.
17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from
the sale or distribution of natural gas to consumers, whether industrial, commercial or
residential, except AEP (Central Power & Light Company), which consumers are located
within the city limits of the City of Corpus Christi as may be amended from time to time.
It is expressly provided that, as used in this paragraph, the sale of"natural gas" does not
include the intercompany sale or transfer by or between two or more business entities of
fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling,
producing or manufacturing process, of the petro-chemical industry.
It is mutually understood and agreed that this Agreement, as written, covers all
covenants, agreements, and stipulations between the parties and that no representations
or statements, written or oral, have been made modifying, adding to, or changing the
terms hereof, and that any party securing this conveyance on behalf of Grantee is without
authority to make representation, stipulation, covenant or agreement not herein
expressed.
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Executed this the day of , 2022
GRANTOR
ATTEST: THE CITY OF CORPUS CHRISTI
By:
City Secretary Jeff H. Edmonds, P.E.
Director of Engineering Services
APPROVED S TO LEGAL FORM:
day of 12022
By:
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 2022, by Jeff
H. Edmonds, P.E., Director of Engineering Services, of the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Revocable Easement
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GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted, and Grantee agrees to
keep and perform the conditions imposed by the Revocable Easement.
Kinder Morgan Tejas Pipeline, LLC
By: /C
Name:
Title: ��r�c �, . �'�+ • ��
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me this day of
2022, by � ��J/ C— as
of Kinder Morgan Tejas Pipeline, LLC who declared that they executed the same for the
purposes therein stated and with proper authority to do so.
P •`"'Rv p s Notary Pubf7ic, Stat4 of Tex s
� e OF
tC+ '.?g417�,3••'
-�0e'30-2���
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EXHIBIT"A"
PIPELINE EASEMENT
RAMON DE YNOJOSA SURVEY,ABSTRACT411
NUECES COUNTY,TEXAS
Being a centerline description of a 30'wide pipeline easement being out of a called 2,293.25 acres
tract of land described in deed to City of Corpus Christi,A Municipal Corporation, recorded in
Document No.2000038832 of the Official Public Records of Nueces County,Texas,also situated
in the Ramon De Ynojosa Survey,Abstract 411 in Nueces County,Texas;said pipeline easement
being more particularly described as follows with all bearings and coordinates based on the Texas
Coordinate System of 1983,Central Zone.All coordinates and distances are grid values.
PIPELINE EASEMENT
COMMENCING at a 1/2-inch Iron Rod (N=17,126,807.82 E=1,291,025.82)found from which the
southeast corner of said 2,293.25 acre tract bears North 89 degrees 47 minutes 57 seconds East,
a distance of 20.20 feet;
THENCE North 89 Degrees 47 Minutes 57 Seconds East,a distance of 20.20 feet,to the southeast
corner of said 2,293.25 acre tract;
THENCE North 00 Degrees 42 Minutes 06 Seconds East,a distance of 581.04 feet,to the POINT
OF BEGINNING of the herein described pipeline easement;
THENCE across said 2,293.25 acre tract the following two(2)course:
1. North 78 Degrees 14 Minutes 59 Seconds West,a distance of 54.06 feet to a point;
2. North 33 Degrees 14 Minutes 59 Seconds West,a distance of 38.69 feet to the TERMINUS
POINT of said easement,being 30 feet wide and containing a total of 0.05 acres of land.
CERTIFICATION FOR LEGAL DESCRIPTION
I,Archie D.Stout,a Registered Professional Land Surveyor licensed in the State of Texas do hereby
certify that the above and foregoing legal description was prepared by myself or under my direct
supervision.This description is not intended to represent or meet the requirements of an official
boundary survey as established by the Texas Board of Professional Land Surveying.
'CE.OF TF�y.
,�P.•'�S T F••••:�9
ARCHIE D.STOUT
i
4416µ_.P,....
i
Archie D.Stout
Registered Professional Land Surveyor
No.4416—State of Texas
Prepared by:
Percheron Professional Services,LLC
Texas Licensed Surveying Firm
Registration no.10020700
1904 W.Grand Parkway N.,Suite 200
Katy,Tx.77449
Percheron Professional Services,LLC 1904 W.Grand Parkway N.,Suite 200 Katy,Texas 77449
Texas Surveying Firm License No.10020700
N EXHIBIT"B" BARNEY DAVIS REPLACEMENT PROJECT
NUECES COUNTY,TEXAS LENGTH=92.75 FEET-5.62 RODS
RAMON DE YNOJOSA SURVEY,A-411 PERMENANT EASEMENT= 0.05 AC.
W. E TEMPORARY WORKSPACE= 1.51 AC.
\ 1
\ 0' 50' 100' 200' \
\ 1 INCH=100 FT.
\ \ ONYX PIPELINE COMPANY, \
\ \ A TEXAS CORPORATION
\ \ 30'WIDE PIPELINE EASEMENT
\ DOC.#2009002017
/ / \ O.RNC TX No3 \
/
250.81 \ ND
ti !46.00,
TEMPORARY -i j POT
N 17,127,432.25
WORKSPACE / E 1,290,979.00:' T
P.O.B.
N:17,127,388.89
E:1,211,051,11
i
492.2- i
CIL 30'WIDE
PIPELINE EASEMENT \
w \�rn
CITY OF CORPUS CHRISTI, ¢z \
A MUNICIPAL CORPORATION o
2293.25 ACRE TRACT z
DOC#2000038832 3
O.P.R.N.C.,TX. 9 o
G
m
w
a
LINE TABLE v
LINE BEARING LENGTH z /
L1 N78'14'59W 54.06' I /
L2 N33°14'59 W 38.69'
h�
OC
�O'
N89°47'57'E 20.20'
tL P.O.C.
FOUND 1112 IN IRON ROD
N:17,126,807.82
E:1,291,025.82
i
i
NOTES: O F
1. BASIS OF BEARINGS:TEXAS COORDINATE SYSTEM OF 1983,SOUTH 2ONE,AS DETERMINED BYGPS '�F'•" T
OBSERVATION.ALL DISTANCES AND COORDINATES ARE GRID VALUES. Q.,•G 1ST,"':, "
2. THISSURVEY WAS PREPARED WITHOUT THE USE OF A TITLE COMMITMENT.THERE MAY BE EASEMENTS THAT
c� AFFECT THE SUBJECT PROPERTY UNKNOWN TO SURVEYOR.
i 3. THE BOUNDARYUNES SHOWN HEREON,WERE COMPILED FROM A UNITED SURVEY OF THE SUBJECT """""""'......•"'•
PROPERTY AND
ADJOINING PROPERTIES.THIS PLAT DOES NOT CONSTITUTE A BOUNDARY SURVEY. ARCHIE D. STOUT
...................
4. DESCRIPTION PREPARED IN CONJUNCTION WITH THIS SURVEY. 'A 441 G v'
8. DESCRIPTION ANO SURVEY PLAT WERE PREPARED FROM ASURVEY AIAOE ON THE GROUNDIN FERUARY,2022. w'9,p0 aP•�
E LEGEND ti� fss�v��o
ADJOINER
• MONUVENT
O POINT OF INTERSECTION RIGHT-OF-WAY LINE
_ P.O.B.-POINT OF BEGINNING EXISTNG EASEMENT P.O.C.-POINT OF COSIVENCELIENT PERUANENT EASEMENT D
P.O.T.-POINT OF TERMINATION
PROPERTY UNE TEMPORARY P,ORKSPACE ARCHIE D.STOUT
C/L PROPOSED PPEUNE TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR
E
STATE OF TEXAS NO. 4416
0 7 REV DESCRIPTION REVISION REVD R vo cHK'o APP PREPARED FOR
DATE BY BY BY BY BARNEY DAVIS REPLACEMENT
PERCHERON PROPOSED 24"PIPELINE
PROFESSIONAL KINDER�MORGAN ACROSS THE LANDS OF
SERVICES, L L C CITY OF CORPUS CHRISTI,
1904 WEST GRAND A MUNICIPAL CORPORATION
PARKWAY N.SUITE 200 NUECES COUNTY,TEXAS
KATY,TEXAS 77449
a (832)300-0400 SHEET SCALE PROJECT N0. DRAWING N0.
TEXAS SURVEYING FIRM B ISSUED FOR REVIEW 03/02/22 1ST AS LO AS
y LICENSE:10020700
A ISSUED FOR REVIEW 02/16/221W NJF SB As 1 OF 1 1-=100' 105,100362.0000 1100362-PLT On()3
EXHIBIT C
INSURANCE REQUIREMENTS—REVOCABLE EASEMENT
I. GRANTEE'S LIABILITY INSURANCE
A. Grantee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Grantee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Grantee must furnish to the City's Risk Manager and Director of Development Services,
two (2) copies of Certificates of Insurance with applicable policy endorsements, showing
the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured for the General Liability and
Auto Liability policies and a blanket waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence - aggregate
endorsement
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
(including): $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Underground Hazard (if applicable)
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/Advertising Injury
UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT
1. Owned Vehicles
2. Hired and Non-owned Vehicles
POLLUTION LEGAL LIABILITY $5,000,000 Per Claim
including; $5,000,000 Aggregate
Third Party Remediation
WORKERS' COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act And Paragraph Ii Of
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Domiciled in Texas This Exhibit
EMPLOYERS' LIABILITY $500,000/$500,000/$500,000
C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies
of all reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Grantee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met. An "All States" endorsement shall be required if Grantee
is not domiciled in Texas.
B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Grantee'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. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City. Grantee shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below
within 10 days of the requested change. Grantee shall pay any costs incurred resulting from
said changes.All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3980
D. Grantee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement or comparable policy language, as
respects 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 and professional liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Grantee shall provide a replacement Certificate of Insurance and applicable endorsements
to City.City shall have the option to suspend Grantee'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 agreement.
I
F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Grantee may be held responsible for payments of damages to persons or property resulting
from Grantee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Grantee'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.
I
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City of Corpus Christi
Property and Land Acquisition Division
Kinder Morgan Tejas Pipeline,LLC
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
Temporary Construction Easement
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT CITY OF CORPUS CHRISTI, TEXAS ("GRANTEE"), 1201 Leopard Street, Corpus
Christi,Nueces County,Texas,78469-9277,in consideration of$10.00 and other good and valuable
consideration paid by the HINDER MORGAN TEJAS PIPELINE, LLC ("GRANTEE"), a
Delaware Limited Liability Company, 1101 Louisiana Street, Suite 1000,Houston,Harris County,
Texas, 77002, the receipt of which is hereby acknowledged, has granted and conveyed, and does
hereby grant and convey unto the Grantee, its successors, legal representatives, and permitted
assigns,the free and uninterrupted use,liberty,privilege, and easement of going in, on, over,under
and along a certain tract of land situated in Nueces County,Texas, and being described as follows:
See the metes and bounds property description attached and
incorporated as "Exhibit A". (Premises)
A map showing the location of the Temporary Construction Easement
is attached and incorporated as "Exhibit B".
Together with the free ingress, egress, and regress to and for the Grantee, for working room and
storage of materials and machinery during the construction phase of the pipeline along the Premises.
SPECIAL PROVISIONS:
1. Upon completion of the project, Grantee's contractor will restore the land to its original
condition.
2. All other structures,improvements,and fencing that are to be moved during construction will
be placed back to their original locations and condition.
3. During the construction period, free ingress and egress will be maintained to the property
described above.
TO HAVE AND TO HOLD,ALL AND SINGULAR,the rights and privileges aforesaid to Grantee,
its successors, and legal representatives,for use as a Temporary Construction Easement and Right-
of-Way for the period of 60 days beginning upon the start-up of construction at the Premises.
I
Grantor:
The person signing this easement as Grantor, or signing on behalf of the Grantor, represents,
warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the
Grantor for the purpose and consideration stated.
CITY OF CORPUS CHRISTI, TEXAS
Jeff H. Edmonds, P.E.
Director of Engineering Services
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2022 by
Jeff H. Edmonds, P.E., as Director of Engineering Services of the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
i
Notary Public in and for the State of Texas
APPROVED AS TO LEGAL FORM:
Assistant City Attorney
CITY LEGAL DEPARTMENT
Grantee:
ACCEPTED for Kinder Morgan Tej as Pipeline,LLC on ,2022.
BY: /; —
Signature
PRINT NAME:
TITLE:
THE STATE OF % §
COUNTY OF Y4 16 §
This instrument was acknowledged before me on l� day of �� ,2022
by
.1\� .. Ro �'% Notary Public in d for e State of Texas
`�.����P.• .�p.RY pG.sir//���
OF S'+P
'30-201
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SC
00
a� �h
AGENDA MEMORANDUM
�ORPO0.P��'0 First Reading Ordinance for the April 26, 2022
N
zss2 Second Reading Ordinance for May 10, 2022
DATE: 03/01/2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond(a-)cctexas.com
(361) 826-3575
Wastewater Trunk Line Extension Construction and Reimbursement Agreement
with Braselton Development Company, Ltd. to construct wastewater Improvements for a planned
residential development, London Towne Unit 6
CAPTION:
Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement
Agreement with Braselton Development Company, Ltd. to construct off-site wastewater
trunk line improvements for a planned residential subdivision, London Towne Unit 6,
with a completion date of 24 months. Funding in the amount of $82,935.48 will be
appropriated from the Wastewater Trunk System Trust Fund to reimburse the developer
per the agreement.
SUMMARY:
Braselton Development Company, Ltd owner, and developer of proposed London Towne
Unit 6 Subdivision is requesting a reimbursement of $82,935.48 for the installation of an
off-site wastewater trunk line in conjunction with London Towne Unit 6 subdivision. The
development is consistent with the Wastewater Master Plan Trunk Line System for the
London Service Area amended on May 08,2018, Ordinance No. 031426.
BACKGROUND AND FINDINGS:
London Towne Unit 6 Plat was approved by Planning Commission on June 09, 2021 .
Construction plans have been approved for release of construction for public
improvements as of 02/01/2022.The subdivision is located north of FM 43 and east of CR
33. The residential development consisting of 9.44 Ares out of Section D, Laureles Farm
Tracts Doc No. 2019028160 and is zoned RS-4.5 and will include a proposed 61 lots.
The wastewater trunk line improvement consists of installing 550 liner feet of 21-inch
PSI PVC consistent with city standards outlined in the UDC. The developer/owner may
use a 24" PSI PVC if the supply of 21" PSI PVC is unavailable. The additional cost of the
24" PSI PVC will be at the Developer/Owner's expense.
The allowable reimbursement is 100 percent of the off-site construction costs less the
acreage fee credit of $23,973.00 for an allowable reimbursement amount of $82,935.48
The term of the agreement is 24 months.
The project is eligible for reimbursement from the Wastewater Trunk Line Trust Fund
per UDC Section 8.5.2.E.
ALTERNATIVES:
This project will improve and facilitate development in the area. An alternative to utilizing
trust funds to construct the wastewater improvements would be to construct the
improvements with a City initiated CIP project. This option would most likely delay the
construction until the required funding for the improvements could be programmed into
the CIP budget and would most likely impact the developer's ability to build out the
planned subdivision in a timely manner.
FINANCIAL IMPACT:
The total estimated project cost for the off-site wastewater trunk line improvements is
$106,908.48,100 percent allowable reimbursement as well as a credit for sewer
lot/average fee of $23,973.00. The maximum allowable reimbursement is $82,935.48
which will be appropriated from the Wastewater Trunk System Trust to cover the cost of
the reimbursement to the developer.
Funding Detail:
Fund:4220 Wastewater Trunk System Trust Fund
Organ ization/Activity:21800 Wastewater Trunk System Trust
Mission Element-777
Project # (CIP Only): N/A
Account:540450 Reimbursement to Developers
RECOMMENDATION:
Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E.
LIST OF SUPPORTING DOCUMENTS:
Ordinance (with exhibit)
Presentation
Certification of Funds
Location Map
Ordinance authorizing a Wastewater Trunk Line Construction and
Reimbursement Agreement with Braselton Development Company, Ltd. to
construct off-site wastewater trunk line improvements for a planned residential
subdivision within the city limits, London Towne Unit 6, with a completion
date of 24 months; and appropriating $82,935.48 from the Wastewater
Trunk System Trust Fund to reimburse the developer per the agreement.
(District 3)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a
Wastewater Trunk Line Construction and Reimbursement Agreement
(Agreement) attached hereto, with Braselton Development Company, Ltd for the
construction and installation of 550 linear feet of 21-inch PSI PVC/PSI wastewater
trunk line which will tie into an existing manhole, to provide wastewater
service for the planned residential subdivision named London Towne
Unit 6, Corpus Christi, Texas. Developer/Owner may use 24" PSI PVC
if the supply of 21" PSI PVC is unavailable. The additional cost of 24" PSI PVC
will be at the Developer/Owner's expense.
SECTION 2. In the event of project delay, the City Manager or designee is
authorized to execute an extension of the Agreement for a period not to exceed a
period of 24 months.
SECTION 3. Funding in the amount of $82,935.48 is appropriated from the No.
4220-21800-777 Wastewater Trunk System Trust Fund to reimburse the Developer
for the construction of the wastewater collection line improvements in accordance with
the Agreement.
SECTION 5. This ordinance takes effect upon passage.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
WASTEWATER TRUNK LINE CONSTRUCTIONAND REIMBURSEMENT
AGREEMENT
This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is
entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and
Braselton Development Company, Ltd. ("Developer/Owner"), a limited liability company.
WHEREAS, the Developer/Owner, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on June 09, 2021 to develop
a tract of land, to wit approximately 9.44 acres known as London Town Subdivision Unit 6 as
shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference
into this Agreement;
WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the
Trunk Line, ("Wastewater Improvements");
WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the
Developer/Owner's costs for the construction of Wastewater Improvements;
WHEREAS, it is to the best interest of the City that the Wastewater Improvements be
constructed to its ultimate capacity under the City's applicable Master Plan;
WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be
eligible for reimbursement in the future when funds become fully available in the Wastewater
Trunk System Trust Fund and are appropriated by the City Council;
WHEREAS, the Developer/Owner has submitted an application for reimbursement of the
costs from the Wastewater Trunk System Trust Fund for installing the Wastewater
Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by
reference into this Agreement;
WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk
System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has
priority per UDC §8.5.2. E.
WHEREAS, the Developer/Owner has started construction for the required wastewater
trunk line;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the parties do covenant and agree as follows:
1. TRUSTEE LIABILITY.
a. The City is executing this agreement as trustee of the Wastewater Trust Fund
pursuant to UDC §8.5. The City is acting as trustee to further its governmental
functions of providing water and sewer service. Texas Constitution Article 11, Section
3 prohibits the City from becoming 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. As such, the City's participation as Trustee does not create a
loan of its credit. Execution of this agreement constitutes a promise to pay only to the
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 1 of 12
extent that the assets and future assets of the trust are sufficient for such purpose
and it is expressly agreed that any judgment will only be satisfied out of the assets of
the trust and not out of the City's assets. The City is excluded from personal liability.
b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by
Ordinance No. 17396 to encouraging the orderly development of subdivisions within
and surrounding the City of Corpus Christi, Texas and continues pursuant Texas
Local Government Code §395.001(4)(C). The revenue generated for funding and
continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to
legislation of the State of Texas and the City of Corpus Christi. Nothing in this
agreement guarantees neither the continuation nor future revenues of the
Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for
modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund.
The Developer/Owner agrees that any modification or termination of the Wastewater
Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute
a breach of trust, an act of bad faith, an intentional or reckless indifference to the
interest of a beneficiary, or a profit derived by the trustee from a breach of trust.
2. PLANS AND SPECIFICATIONS.
a. Developer/Owner shall contract with a professional engineer licensed in the State of
Texas and acceptable to the City's Development Services Engineer to prepare plans
and specifications for the Wastewater Improvements, as shown in the attached
Exhibit 3, the content of such exhibit being incorporated by reference into this
Agreement, with the following minimum requirements:
Item DESCRIPTIU`1 JNI- ESTIMATED ESTIMATED UNIT PRICE
QUANTITY QUANTITY+5%
SANITARY SEWER IMPROVEMENTS FOR 21"SSWRTRONIS LINE
1 PSI PVCPEI ''S x3TM H:T7 f2l)-2 C..11 LF 123 2D3 >: 100 CO
PSI 131.1011P21 "_R3TIa1Fc?2i2Z-c4'C ii LF 351 375 6 im o
3 v°HA T—ch P v1ectian LF 551) `75 S 3 DD
4 Embedment LF 55D 5'S S 15DD
5 Diamet_•Vanhol=i34'-W Cu1i 1 5,:00 DD
TOTAL:SANITARY SEWER IMPRD':'EMENTS FCR 21"SSWRTRU`4K LNE
(Developer/Owner may use 24" PSI PVC if the supply of 21" PSI PVC is unavailable.
The additional cost of 24" PSI PVC will be at the Developer/Owner's expense)
b. The plan must be in compliance with the City's master plans.
c. The plans and specifications must comply with the City's Wastewater Standards
Detail Sheets and Standard Specifications.
d. Before the Developer/Owner starts construction, the plans and specifications must
be approved by the City's Development Services Engineer.
3. REIMBURSEMENT.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 2 of 12
a. The cost for the Wastewater Improvements less $23,973.00 lot/acreage fee credit is
$82,935.48 Subject to the conditions for reimbursement from the Wastewater Trunk
Line System Trust Fund and the appropriation of funds, the City will reimburse the
developer, the reasonable actual cost of the Wastewater Improvements up to an
amount not to exceed $82,935.48 as shown in the attached Exhibit 4, the contents of
such exhibit being incorporated by reference into this Agreement.
b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System
Trust Fund per the UDC and this agreement, the City agrees to reimburse the
Developer/Owner on a monthly basis upon invoicing for work performed. The
submitted invoice shall be deemed administratively complete by the City prior to
payment. The reimbursement will be made no later than 30 days from the date of
the City's administrative approval of the invoice. Developer/Owner shall submit all
required performance bonds and proof of required insurance under the provisions of
this Agreement.
c. Cost-supporting documentation to be submitted shall include:
1. Summary of Costs and Work Performed on Form provided by the Development
Services Department.
2. Contractor and professional services invoices detailing work performed.
3. The first reimbursement request requires submittal of invoices for work
performed. Future disbursements shall provide evidence of payment by the
developer/owner through a cancelled check or bank ACH for the previous
submittal. The final reimbursement request shall require evidence that all
invoices to date have been paid.
d. To be eligible for reimbursement, the work must be constructed in a good and
workmanlike manner and must have been inspected and accepted by the City. The
City agrees to conduct periodic inspections and approve the progress of the work at
key points during construction.
e. The final 5% of the total contract reimbursement amount will be held as retainage
until such time the City issues acceptance of public infrastructure in accordance with
Unified Development Code.
f. In the event that this Agreement is terminated by the City as a result of an uncured
default by the Developer/Owner and at a time when there has been a partial
completion and/or partial payment for the improvements, then the City shall only
reimburse the Developer/Owner for its costs that were legitimately incurred towards
the completion of the improvements that have been inspected and accepted by the
City up to the time that the uncured default occurred.
4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT.
a. All payments, credits, priority of reimbursement, and deferred reimbursement shall
be made in accordance with UDC §8.5. Developer/Owner understands and agrees
that if funds are not available in the Wastewater Trunk System Trust Fund, that
reimbursement will not be made until such funds are available, appropriated, and
Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 3 of 12
determined according to the date the reimbursement agreement is approved by the
City Council.
b. Payments will not be paid when funds are not available in the Wastewater Trunk
System Trust Fund. Payments may be made when monies are available in and
appropriated from the Wastewater Trunk System Trust Fund and the
Developer/Owner has priority in accordance with UDC §8.5.2. E.
c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the
developer will be given credit for lot or acreage fees that are due on subsequent final
plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts
credited will be deducted from the outstanding amounts owed to the developer by the
Wastewater Trunk System Trust Fund until the total amount owed has been paid,
provided that the lands being platted are within or contiguous to the boundaries of
the preliminary plat of the originally developed property, the land will be served by
the wastewater trunk line for which the credit was given, and an extension of the
trunk line was not required to serve the land.
5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a
contract and complete the Wastewater Improvements under the approved plans and
specifications within 24 months from the date of City Council approval of this agreement.
6. NOTICES.
a. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following address:
1. If to the Developer/Owner:
Braselton Development Company, Ltd.
Attn: Fred Braselton
5337 Yorktown Boulevard-Suite 10D
Corpus Christi, TX 78413
2. If to the City:
City of Corpus Christi
Attn: Director, Development Services Department
2406 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
with a copy to:
City of Corpus Christi
Attn: Assistant City Manager, Business Support Services
1201 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 4 of 12
b. Notice must be made by United States Postal Service, First Class mail, certified,
return receipt requested, postage prepaid; by a commercial delivery service that
provides proof of delivery, delivery prepaid; or by personal delivery.
c. Either party may change the address for notices by giving notice of the change under
the provisions of this section.
7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater
Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and
all local, state and federal laws, codes and regulations, in accordance with the plans and
specifications submitted to the City's Development Services Department and reviewed and
approved by the City's Development Services Engineer.
8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements,
Developer/Owner shall acquire and dedicate to the City the required additional public utility
easements ("Easements"), if any, necessary for the completion of the Wastewater
Improvements. If any of the property needed for the Easements is owned by a third party and
the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the
City may use its powers of eminent domain to acquire the Easements. Developer will be
responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement.
9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-
rata fees as required by the UDC.
10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract.
11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in
performing their duties and obligations under this Agreement. If this Agreement calls for review
or inspections by the City, then the City's reviews or inspections must be completed thoroughly
and promptly.
12. DEFAULT. The following events shall constitute default:
a. Developer/Owner fails to engage a professional engineer for the preparation of plans
and specifications by the 10th calendar day after the date of approval of this Agreement
by the City Council.
b. Developer/Owner's professional engineer fails to submit the plans and specifications
to the City's Director of Engineering Services by the 40th calendar day after the date of
approval by City Council.
c. Developer/Owner fails to award a contract for the construction of the project,
according to the approved plans and specifications, by the 70th calendar day after the
date of approval by City Council.
d. Developer/Owner's contractor does not reasonably pursue construction of the
Wastewater Improvements under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Wastewater
Improvements, under the approved plans and specifications as provided in section 4 of
this agreement.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 5 of 12
f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
obligations under this Agreement.
13. NOTICE AND CURE.
a. In the event of a default by either party under this Agreement, the non-defaulting
party shall deliver notice of the default, in writing, to the defaulting party stating, in
sufficient detail, the nature of the default and the requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business days from the
delivery of the default notice ("Cure Period") to cure the default.
c. In the event the default is not cured by the defaulting party within the Cure Period,
then the non-defaulting party may pursue its remedies in this section.
d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the
City shall give notice to Developer/Owner, at the address stated in section 5, of the need
to perform the obligation or duty, and should Developer/Owner fail to perform the
required obligation or duty within 15 days of receipt of the notice, the City may perform
the obligation or duty, charging the cost of such performance to Developer/Owner by
reducing the reimbursement amount due Developer/Owner.
e. In the event of an uncured default by the Developer/Owner, after the appropriate
notice and Cure Period, the City has all its common law remedies and the City may:
1. Terminate this Agreement after the required notice and opportunity to cure the
default;
2. Refuse to record a related plat or issue any certificate of occupancy for any
structure to be served by the project; and/or
3. Perform any obligation or duty of the Developer/Owner under this Agreement
and charge the cost of such performance to the Developer/Owner. The
Developer/Owner shall pay to the City the reasonable and necessary cost of the
performance within 30 days from the date the Developer/Owner receives notice
of the cost of performance. In the event the Developer/Owner pays the City
under the preceding sentence and is not otherwise in default under this
Agreement, then the Agreement shall be considered in effect and no longer in
default.
f. In the event of an uncured default by the City after the appropriate notice and Cure
Period, the Developer/Owner has all its remedies at law or in equity for such default.
14. FORCE MAJEURE.
a. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes;
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other
causes not reasonably within the control of the party claiming the inability.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 6 of 12
b. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party claiming force majeure
shall give written notice of the full particulars of the force majeure to the other party
within ten (10) business days after the occurrence or waive the right to claim it as a
justifiable reason for delay. The obligations of the party giving the required notice, to the
extent affected by the force majeure, are suspended during the continuance of the
inability claimed but for no longer period, and the party shall endeavor to remove or
overcome such inability with all reasonable dispatch.
15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the
Wastewater Improvements, contracts for testing services, and contracts with the contractor for
the construction of the Wastewater Improvements must provide that the City is a third-party
beneficiary of each contract.
16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the
work that is the subject of this Agreement, furnish a performance bond payable to the City of
Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in
excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code
3503, Texas Government Code 2253, and all other applicable laws and regulations. The
performance or payment bond must name the City as an obligee. If the Developer/Owner is not
an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and
prominently display on the bond or on an attachment to the bond:
(1) the name, mailing address, physical address, and telephone number, including the
area code, of the surety company to which any notice of claim should be sent; or
(2) the toll-free telephone number maintained by the Texas Department of Insurance
under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of
the surety company to which any notice of claim should be sent may be obtained from
the Texas Department of Insurance by calling the toll-free telephone number.
17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the
construction, dedication of Wastewater Improvements will be subject to City inspection and
approval.
18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the
Wastewater Improvements and the construction thereof for a period of one year from and after
the date of acceptance of the facilities by the City's Director of Engineering Services.
19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify,
save and hold harmless the City of Corpus Christi, its officers,
employees, and agents, ("indemnitees") against any and all liability,
damage, loss, claims, demands suits and causes of action of any
nature whatsoever asserted against or recovered from city on account
of injury or damage to person including, without limitation on the
foregoing, workers compensation and death claims, or property loss
or damage of any other kind whatsoever, to the extent any injury,
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 7 of 12
damage, or loss may be incident to, arise out of, be caused by, or be in
any way connected with, either proximately or remotely, wholly or in
part, the Developer/Owner's failure to comply with its obligations under
this agreement or to provide city wastewater service to the
development, including injury, loss, or damage which arise out of or
are in any manner connected with, or are claimed to arise out of or be
in any manner connected with the construction, installation, existence,
operation, use, maintenance, repair, restoration, or removal of the
public improvements associated with the development described
above, including the injury, loss or damage caused by the sole or
contributory negligence of the indemnitees or any of them, regardless
of whether the injury, damage, loss, violation, exercise of rights, act, or
omission is caused or is claimed to be caused by the contributing or
concurrent negligence of indemnitees, or any of them, but not if caused
by the sole negligence of indemnitees, or any of them, unmixed with
the fault of any other person or entity, and including all expenses of
litigation, court costs, and attorneys fees, which arise, or are claimed
to arise, out of or in connection with the asserted or recovered incident.
This indemnity specifically includes all claims, damages, and
liabilities of whatever nature, foreseen or unforeseen, under any
hazardous substance laws, including but not limited to the
following:
(a) all fees incurred in defending any action or proceeding
brought by a public or private entity and arising from the
presence, containment, use, manufacture, handling,
creating, storage, treatment, discharge, release or burial on
the property or the transportation to or from the property of
any hazardous substance. The fees for which the
developer/owner shall be responsible under this
subparagraph shall include but shall not be limited to the
fees charged by (i) attorneys, (ii) environmental consultants,
(iii) engineers, (iv) surveyors, and (v) expert witnesses.
(b) any costs incurred attributable to (i) the breach of any
warranty or representation made by Developer/Owner in this
agreement, or (ii) any cleanup, detoxification, remediation,
or other type of response action taken with respect to any
hazardous substance on or under the property regardless of
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 8 of 12
whether or not that action was mandated by the federal,
state or local government.
This indemnity shall survive the expiration or earlier termination
of the agreement.
20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may
not be assigned by the Developer/Owner to another without the written approval and consent of
the City's City Manager.
21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus
Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of
Interest form attached to this Agreement as Exhibit 5.
22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this agreement.
Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts
with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of
units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business
entity of which the board or other governing body is composed of not more than
10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service
as one of the four officers most highly compensated by a business entity that has
more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms of a
contract with a governmental entity or state agency, including a broker, intermediary,
adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed,
signed, notarized and filed with the City. For more information, please review the Texas Ethics
Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.html.
23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the
Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required.
For more information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at nttp://www.cctexas.com/government/city
secretary/conflict-disclosure/index
24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this Agreement binding and
enforceable by their signature.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 9 of 12
25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to
the benefit of the City and the Developer/Owner and their respective heirs, successors, and
assigns from and after the date of final execution by all parties.
Remainder of page intentionally left blank; signature page to follow.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 10 of 12
EXECUTED IN ONE ORIGINAL this day of ' 20
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Albert J. Raymond III,
City Secretary Director of Development Services
APPROVED AS TO LEGAL FORM:
Buck Brice (Date)
Assistant City Attorney
For City Attorney
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 11 of 12
DEVELOPER/OWNER:
Braselton Development C mpany, Ltd
By. -1
FrecVBraselton, President
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on 1`��a-r I 20k,
by Fred Braselton, for Braselton Development Company, Ltd., a Texas Limited
Partnership, on behalf of said Texas Limited Partnership.
\\, '�2 I—A O �
Notary Public's Si na e
JENNI BROWN
a= =Notary Public,State of Texas
s Comm. Expires 02-23-2025
Notary ID 132939640
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 11 of 11
General Nates: County of Nueces Location Mop:N.T.S.
City of Corpus Christi
1. Total platted ore.contains 9.44 Acres of Lana.(Includes street dedication) EXHIBIT 1
2. 5/8 Inch Iran Rad with red plastic cap stamped"URBAN ENGR CCTX"Set at E a
all lot corners,unless otherwise noted. Fdo CNneea
3. The rec.wing w ter far the storm water runoff from this property is the Oso Plat Of Lam..mw.e
e.me onus�� e
Creek. The TCEO has not classified the aquatic life use far the Oso Creek,
but it is recognized as a env ran en[.Ily sensitive.r .The Oso Creek flows ,n P
dne
irectly into the 0..Bay Th.�TCED has cl...ifietl the aquatic life use for the London Towne Subdivision
Osa Bay a ptiord"and "oyster waters'and categorized the receiving
n
water as cxce
"contact reare.tl. ua.. Unit 6 4�� Z�4. The yad requirement, s depicted, is requirement of the Unifietl bsin 9.44 Acre Tract, out of Sectin D,
Development Code antl is subject to change as the zoning may change. 9Laureles Farm Tracts, o map of which corded Farm to Ma
5. All driveways to public Streets within the subdivision shall canfarm to access in Volume 3, Page 15, Map Records of r Nueces
management standards outlined in Article 7 of the UDC. County, Texas; and being a portion of a 21.76
sAcre Tract of Land described Warranty Deed
Sarveyar with Vendor's Lien from Joseph John Meaney, as
1. Grid Bearings and Distances shown hereon are referenced to the Texas Trustee of the ClaireElizabeth Haynes Trust, the
the Emily P.
Coordinate System of 1983, Texas South Zone 4205,and are based an the Isabelle Marie Haynes
Trust, a
North American Datum of 1983(2011)Epoch 2010.00. Haynes Trust, by and through his Attorney—In—Fact,
David Walsh; and Elizabeth Anne Meaney, Trustee of
2. Existing Flood Map:By graphic plotting only,thisproperty is currently in Zone the Lucy A. Haynes Trust, to Braselton Development State f T<xa.
"C" of the Flood Insurance Rate Map (FIRM), CommunityTex limited partnership, County of Nueces
485494 0505 D,Carpus Christi,Texas,which bears a revised date of June 4, recorded in Document No. 201 900 252 4, Official This final plat.f the herein described property vas approved by the D.p.rar-t of De relopni-t
1987 and is not in a Special Flood Hazard Area. The existing FIRM Panel Public cin s.
of Nueces County Texas, a portion Services of the City of Corpus Christi,Taros.
485494 0505 0 is bases on the National Geodetic Vertical Datum of 1929 of 8.68 Acre Tract of Land described
(NCV➢). an a in a
General Warranty Deed from Joseph Jahn Meaney, this the_____day of------------------20_____
3. Proposed Flood Map: This property is prop...d to lie within Zone"X"of the Trustee of the Claire Elizabeth Haynes Trust, the
Flood Insurance Rate Map(FIRM), Community Panel Number 48355CO505G, Isabelle Marie Haynes Trust, the Emily P. Haynes
Nueces County, Texas, Community Panel Number 48355CO505G hears . Trust, the Laura Marie Haynes Trust and the Luke Brett FlMLPT
revised preliminary date of May 30, 2016. The Proposed FIRM Panel Ian HaynesTrust, and Elizabeth Anne Meaney, Development Service.Engineer
48355C0505G is based on the North American Vertical Datum of 1988 Trustee of the Lucy A. Haynes Trust, to Broselton
(NAV 88). Development Company, Ltd., a Texas limited State of T<...
partnership, recorded in Document No. 2019028160, County of Nue«.
Official Public Records of Nueces County, Te xos, This Rnm plat of the erein desab d property rn approved an behmr of the city of carpus Christi,
and a portion of an 12.88 Acre Tract of Land re:as by me wanninghcammmsmn.e
described a Warranty Deed with Vendor's Lien
n
from Joseph John Meaney, Trustee of the Claire This the-----day of--------_---------20-----
Elizabeth Haynes Trust, the Isabelle Marie Haynes
Trust, the Emily P. Haynes Trust, the Laura Marie
Haynes Trust and the Luke Ian Haynes Trust, and u Raymane,III,AlA Dani<I N.Dibble
Elizabeth Anne Meaney, Trustee of the Lucy A. Secretary Chairman
Haynes Trust, to Braselton Development Company,
Ltd., a Texas limited partnership, recorded in State of Texas
Document No. 2021004229, Official Public Records County of Nu«es
of Nueces County, Texas. .sands,Clerk of the Count Court in and for sae Count it t e fore
Y yea ashy cab y M1 going
I,Kar i M1 a[[M1
insWmen[dated[he day of--day of _—20_wim its certificate of authentication-- was
___
filed for record in my afRce the--_day of------_20----At____D'claak id County
,and
eay a odea the_Day of_____ 20____at____O'dack__1.1.,in sale County in
Volume____,Page------_.Map Records.
state of texas state of texas NT[...s m hand and s«I or the Count Court,In and for said Cwrt at free In Corp..County of Nu«es County of Nu«es Texas, hedaya last xm.r. Y Y' Christi.
an ear
Braselton Development Company,Ltd.,a Texas limited partnaahip,herby colo!" ANER1C BANK,hereby xr[ifiea that it boldo a lien on the property ornea by
that it is the oxna of the lanae enbraced within the bwndad<a of the fa<gaing Braselton Develapnmenl Company,Ltd.,a Texas limited partnership, s dhow,on the
'IaI; [hal it Mas had said lands verve'd and subdiWded a shorn: that s[rcels forsgcoi^'map d iI approves of the subdiWsion and dedication for the purpoxs Filed far Record ro Sands,Ca [ Cerk
horn are dedicated, to the public u e focus, that<servants as her are and o ideations therein expressed. eves Court,uTe...I
use for the' a Ka
andicthat to[h<public installation,operation and d of public u[litieS Nu
and that this map vas mase far the purpose of eescripti.n and dedication. at________O'clock--_1J.
This the_____day of------------------2D------ ____—___—.20---—__ By_____—__________—_
D poly
This we_____dor or-----------------zo_____
By.AMERICAN BANK State of texas
By.Brosetan De—pmmt Company,Ltd.,a Texas limited partnaahip County of Nueces
B B—Itou Marva t Cam genera Par BY P 9 I1.Dan L Urban,.Registered Prafessiw.l Land Surveyor far U n Engoine rg.h ve prepared t
y, genet pony,LLC,its tner Philli J.Ritl<w Senior Lenein O/fi<er going map a ground under is true
hest of mY knowledge,mf---lioneand belief; ha�ebeen mmgaged donde contract to set.11LLot and
BY Stale of Texas clockh.
writs aeouse Profnsi.nal procticremplete such aper.tians with due and re...nable dlig—
Fred Braselton,President County of Nueces cane
e.
Thie instrument vas ackn.wledgea before me by Phillip J.Ritley,as Senior Lending mid the-----day at----------_-----20-----
State of Texas Of—of AMERICAN BANK,w behalf of sale bank.
County of Nueces
This inedged before m y Fred Brasetan,as President of
strvM.-wast Cann e b
Braselton Management Company, LLC, general partner id entity
tan Development This the_____day of_________—______�2D____.
Company,Lt.,a Texas limited partnaahip,an behalf of said y said capacity. Prelim dry,thie doc est shell not be recorded Dan n,R.P.LS_
for say Pu pas ad shell sot he used or Hewed rexaa License No.4110
e
and fa the State of Taxa or relied u n as a flee/aur do.. en,This the_____tlaY of-----------------213----- N.t.rY Public in s
Revised:2/1/22
(�(� URBAN
■■gyp �� Submitted:2/10/21
Y
Notary Public in and fa the State of texas SCALE:None
JOB tte 42900.0 1.01
ENGINEERING SHEET:1 of 2
DRAWN BV:XG
020]2 b at OuN�ongeineedng
R111,N, x
�eo c e1_)9 ce,a 99,343 oPxx
(ow�a.6ya°a Ro�MJ Re Noc No. .,c*)as
N58'[2'59'E 540.00' „as,z 5s� 6ss.H nc,P
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z a zoo$0 8 8 8
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mw w`d, non sem of
London Te S
ubdivision
2-0-x°. Unit 6
L 10
_ being a 9.44 Acre Tract, out of Section D,
Laureles Farm Tracts, a map of which is recorde0
in Volume 3 Page 15, Map Records of Nueces
y o am y�g w zee v e / /; County Texas; and being portion of 21.76
= = j/g Acre Tract of Land described in a Warranty Deed
,7 47 _
with Vendor's Lien from Joseph John Meaney, as
__ — -- -- — sE� s / /v Trustee of the ClaireElizabeth Haynes Trust, the
- 6nabrY Isabelle Marie Haynes Trust, and the Emily P.
_ Haynes Trust, by and through his Attorney—in—Fact,
o.a.a.... h' David Walsh, and Elizabeth Anne Meaney, Trustee of
no.zoz o 1 x
the
Lucy A. Haynes Trust, to Braselton Deelo
meint
g ° Company, Ltd., a Texas limited partnersh
9 s recorded in Document No. 2019002524, Officip,
Public Records of Nueces County, Texas, a portion
589'1259 ,a 40000 / / of on8.68 Acre Tract of Land described in a
General Warranty Deed from Joseph John Meaney,
Trustee of the Claire Elizabeth Haynes Trust, the
aem1— 173 °`� / / Isabelle Marie Haynes Trust, the Emily P. Haynes
Trust, the Laura Marie Haynes Trust and the Luke
xs Ian Haynes Trust, and Elizabeth Anne Meaney,
1epeo°' eoo�ro ocor N-1-
� Trustee of the Lucy A. Haynes Trust, to Braselton
•s/N men ven xea x x a Development Company, Ltd., a Texas limited
partnership, recorded in Document No. 2019028160,
veaw°s Rrecenr reeea Official Public Records of Nueces County, Texas,
o s/e me,ver,xm and a portion of an 12.88 Acre Tract of Land
LRBVIPENCR a1X'Set described in a Warranty Deed with Vendor's Lien
from Joseph John Meaney, Trustee of the Claire
e LRsxre1�cxcR aixerse m� Elizabeth Haynes Trust, the Isabelle Marie Haynes
Trust, the Emily P. Haynes Trust, the Laura Marie
o xe,i,ve„m Haynes Trust and the Luke Ian Haynes Trust, and
Elizabeth Anne Meaney, Trustee of the Lucy A.
Haynes Trust, to Braselton Development Company,
Ltd., Texas
limited partnership, recorded in
150 100 50 0 100 200 Document No. 2021004229, Official Public Records
Graphic Scale of Nueces County, Texas.
1"=100' Revised:2/1/22
Submitted:2/10/21
URBAN SCALE: I"=100'
Px/Imlee y,thla aroument ahe//not de xrorded JOB NO.:42900.01.01
far eny pu poae eea aeeu eae be eaea ar reaea ENGINEERING SHEET:2 of 2
relied upon e e feel aur y document. DRAWN By:XG
02022 b etOu Eny'needng
EXHIBIT 2
APPLICATION FOR SEWER LINE CREDIT
1, Braselton Development Company,owner and developer of proposed London Town unit 6
subdivision,hereby apply for 2L *113- credit towards the sewer lot/acreage fee for the Master Plan
sanitary sewer trunk line extension installed in conjunction with London Towne unit 6 Subdivision as
provided for by City Ordinance No. 032357. The off-site construction cost, including 12% Engineering,
is$106,908.48 as shown by the cost supporting documents attached herewith.
Z Zy--
(Developer) ( ate)
THE STATE OF TEXAS a
COUNTY OF NUECES ❑
This instrument was acknowledged for me on 2022 by
JENNI BROWN
T�()
Notary Public,State of Texas
�tf Comm.Expires 02-23-3038 Notary Public in a ueces County,Texas
Notary ID 133838640
CERTIFICATION
The information submitted with this application has been reviewed and determined
to be correct and a credit for is, 2- 3 is herewith approved.
Zf ph-ked 2o 22
Date
lCgi+t�et')'
PC VZ 16 � K I ���✓t��5
EXHIBIT 2
APPLICATION FOR SEWER LINE REIMBURSEMENT
1, Braselton Development Company, owner and developer of proposed London Towne unit 6
Subdivision, hereby request reimbursement of$82,935.48 for the installation of the Master Plan sanitary
sewer trunk line in conjunction with London Towne unit 6 Subdivision, as provided for by City Ordinance
No. 032357. Said $106,908.48 is the construction cost, including 12% Engineering., in excess of the
lot/acreage fee,as shown by the cost supporting documents attached herewith.
'�_ Zfir/'
( evelopeLr (Date)
JW
THE STATE OF TEXAS ❑
COUNTY OF NUECES ❑
This instrument was acknowledged before me on s 2022 by&??-I bim-se,
;ova Y."ti 4,S JENNI BROWN
f ekNotary pub
°
tic,State of Texas
Comm.Expires 02-23-2026 an(L/14�
Notary ID 132939640 Notary Public in a ueces County,Texas
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and determined to be
correct. Reimbursement is subject to:
(a) sufficiency of funds in the Collection/Trunk Line Trust Fund
(b) appropriation and approval by the City Council
I 2 I'4,-cr 26JZZ
Hit�cti�'af-Engitjeeritg- (Date)
� Celan mkt-
�����-ee
EXHIBIT 3
PROFILE MEW
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UNT 6 SANTARY SEWER UNE B
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EXHIBIT 4
REIMBURSEMENT FOR SANITARY SEWER MASTER PLAN IMPROVEMENTS DATE: JANUARY 2022
LONDON TOWNE UNIT 6
Engineer:MURRAY F.HUDSON,P.E.
JOB NO: 42900.C1.01
Item DESCRIPTION UNIT ESTIMATED ESTIMATED UNIT PRICE TOTAL PRICE
QUANTITY QUANTITY+5%
SANITARY SEWER IMPROVEMENTS FOR 21"SSWR TRUNK LINE
1 21"PSI PVC/PSI 115 ASTM F679 20'-22'Cut LF 193 203 $ 100.00 $ 20,300.00
2 21"PSI PVC/PSI 115 ASTM F679 22'-24'Cut LF 357 375 $ 150.00 $ 56,250.00
3 OSHA Trench Protection LF 550 578 $ 3.00 $ 1,734.00
4 Embedment LF 550 578 $ 15.00 $ 8,670.00
5 5'Diameter Manhole 24'-26'Cut EA 1 1 $ 8,500.00 $ 8,500.00
TOTAL:SANITARY SEWER IMPROVEMENTS FOR 21"SSWR TRUNK LINE $ 95,454.00
Engineering,Testing&Surveying(12%) $ 11,454.48
TOTAL REIMBURSEMENT DUE: $ 106,908.48
NOTES:
1.Prices are from MVR Construction contract with Braselton Development Company.
PG1of1
EXHIBIT 5
` DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking
fl to do business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with"NA".
NAME: Braselton Development Company, Ltd.
STREET: 5337 Yorktown Boulevard-Suite inn Corpus Christi
CITY: P ZIP: 78413
FIRM is: Corporation Partnership Sole Owner Association Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department(if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name
Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name
Board, Commission, or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
N/A
CERTIFICATE
certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur. President of Braselton Management
Fred Braselton Company, LLC, general Partner of
Certifying Person: Title: Braselton Development Company, Ltd.
(Print Name)
Signature of Certifying Person: Date:
K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT-5.122015.DOC
Reimbursement Agreement
Agreement with Braselton Development
Company, Ltd.
For Wastewater Trunk Line
Improvements
London Towne Unit 6
City Council
April 12, 2022
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lot&acreage fees pro-rata fees lot&acreage fees pro-rata fees
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$404,987.49 $105,227.32 $484,817.72 $63,057.58
Wastewater Trunk Line Trust Fund's Balance is $484,817.72
Funding in the amount of $82,935.48 will be appropriated to the developer
Recommendation
Approval
The request submitted by the applicant is
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AGENDA MEMORANDUM
�ORPO0.P��'0 First Reading Ordinance for the April 26, 2022
N
zss2 Second Reading Ordinance for May 10, 2022
DATE: 03/01/2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond(a-)cctexas.com
(361) 826-3575
Wastewater Trunk Line Extension Construction and Reimbursement Agreement
with Braselton Development Company, Ltd. to construct wastewater Improvements for a planned
residential development, London Towne Unit 7
CAPTION:
Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement
Agreement with Braselton Development Company, Ltd. to construct off-site wastewater
trunk line improvements for a planned residential subdivision, London Towne Unit 7,
with a completion date of 24 months. Funding in the amount of $110,296.96 will be
appropriated from the Wastewater Trunk System Trust Fund to reimburse the developer
per the agreement.
SUMMARY:
Braselton Development Company, Ltd owner, and developer of proposed London Towne
Unit 7 Subdivision is requesting a reimbursement of$110,296.96 for the installation of an
off-site wastewater trunk line in conjunction with London Towne Unit 7 subdivision. The
development is consistent with the Wastewater Master Plan Trunk Line System for the
London Service Area amended on May 08, 2018, Ordinance No. 031426.
BACKGROUND AND FINDINGS:
London Towne Unit 7 Plat was approved by Planning Commission on June 09,2021 .
Construction plans have been approved for release of construction for public
improvements as of 02/01/2022.The subdivision is located north of FM 43 and east of CR
33. The residential development consisting of 10.86 Ares out of Section D, Laureles Farm
Tracts Doc No. 2019028160 and is zoned RS and will include a proposed 60 lots.
The wastewater trunk line improvement consists of installing 653 liner feet of 21-inch
PSI PVC consistent with city standards outlined in the UDC. The developer/owner may
use a 24" PSI PVC if the supply of 21" PSI PVC is unavailable. The additional cost of the
24" PSI PVC will be at the Developer/Owner's expense.
The allowable reimbursement is 100 percent of the off-site construction costs less the
acreage fee credit of$23,580.00 for an allowable reimbursement amount of$110,296.96
The term of the agreement is 24 months.
The project is eligible for reimbursement from the Wastewater Trunk Line Trust Fund
per UDC Section 8.5.2.E.
ALTERNATIVES:
This project will improve and facilitate development in the area. An alternative to utilizing
trust funds to construct the wastewater improvements would be to construct the
improvements with a City initiated CIP project. This option would most likely delay the
construction until the required funding for the improvements could be programmed into
the CIP budget and would most likely impact the developer's ability to build out the
planned subdivision in a timely manner.
FINANCIAL IMPACT:
The total estimated project cost for the off-site wastewater trunk line improvements is
$133,876.96,100 percent allowable reimbursement as well as a credit for sewer
lot/average fee of $23,580.00. The maximum allowable reimbursement is $110,296.96
which will be appropriated from the Wastewater Trunk System Trust to cover the cost of
the reimbursement to the developer.
Funding Detail:
Fund:4220 Wastewater Trunk System Trust Fund
Organ ization/Activity:21800 Wastewater Trunk System Trust
Mission Element-777
Project # (CIP Only): N/A
Account:540450 Reimbursement to Developers
RECOMMENDATION:
Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E.
LIST OF SUPPORTING DOCUMENTS:
Ordinance (with exhibit)
Presentation
Certification of Funds
Location Map
Ordinance authorizing a Wastewater Trunk Line Construction and
Reimbursement Agreement with Braselton Development Company, Ltd. to
construct off-site wastewater trunk line improvements for a
planned residential subdivision within the city limits, London Towne Unit 7,
with a completion date of 24 months; and appropriating $110,296.96 from
the Wastewater Trunk System Trust Fund to reimburse the developer per the
agreement. (District 3)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a
Wastewater Trunk Line Construction and Reimbursement Agreement
(Agreement) attached hereto, with Braselton Development Company, Ltd for the
construction and installation of 653 linear feet of 21-inch PSI PVC/PSI wastewater
trunk line which will tie into an existing manhole, to provide wastewater
service for the planned residential subdivision named London Towne Unit
7, Corpus Christi, Texas. Developer/Owner may use 24" PSI PVC if the supply of
21" PSI PVC is unavailable. The additional cost of 24" PSI PVC will be at
the Developer/Owner's expense.
SECTION 2. In the event of project delay, the City Manager or designee is
authorized to execute an extension of the Agreement for a period not to exceed a
period of 24 months.
SECTION 3. Funding in the amount of $110,296.96 is appropriated from the No.
4220-21800-777 Wastewater Trunk System Trust Fund to reimburse the Developer
for the construction of the wastewater collection line improvements in accordance with
the Agreement.
SECTION 5. This ordinance takes effect upon passage.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2022, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
WASTEWATER TRUNK LINE CONSTRUCTIONAND REIMBURSEMENT
AGREEMENT
This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is
entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and
Braselton Development Company, Ltd. ("Developer/Owner"), a Texas Limited Partnership.
WHEREAS, the Developer/Owner, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on June 09, 2021 to develop
a tract of land, to wit approximately 10.86 acres known as London Towne Subdivision Unit 7
as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference
into this Agreement;
WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the
Trunk Line, ("Wastewater Improvements");
WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the
Developer/Owner's costs for the construction of Wastewater Improvements;
WHEREAS, it is to the best interest of the City that the Wastewater Improvements be
constructed to its ultimate capacity under the City's applicable Master Plan;
WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be
eligible for reimbursement in the future when funds become fully available in the Wastewater
Trunk System Trust Fund and are appropriated by the City Council;
WHEREAS, the Developer/Owner has submitted an application for reimbursement of the
costs from the Wastewater Trunk System Trust Fund for installing the Wastewater
Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by
reference into this Agreement;
WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk
System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has
priority per UDC §8.5.2. E.
WHEREAS, the Developer/Owner has started construction for the required wastewater
trunk line;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the parties do covenant and agree as follows:
1. TRUSTEE LIABILITY.
a. The City is executing this agreement as trustee of the Wastewater Trust Fund
pursuant to UDC §8.5. The City is acting as trustee to further its governmental
functions of providing water and sewer service. Texas Constitution Article 11, Section
3 prohibits the City from becoming 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. As such, the City's participation as Trustee does not create a
loan of its credit. Execution of this agreement constitutes a promise to pay only to the
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 1 of 11
extent that the assets and future assets of the trust are sufficient for such purpose
and it is expressly agreed that any judgment will only be satisfied out of the assets of
the trust and not out of the City's assets. The City is excluded from personal liability.
b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by
Ordinance No. 17396 to encouraging the orderly development of subdivisions within
and surrounding the City of Corpus Christi, Texas and continues pursuant Texas
Local Government Code §395.001(4)(C). The revenue generated for funding and
continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to
legislation of the State of Texas and the City of Corpus Christi. Nothing in this
agreement guarantees neither the continuation nor future revenues of the
Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for
modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund.
The Developer/Owner agrees that any modification or termination of the Wastewater
Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute
a breach of trust, an act of bad faith, an intentional or reckless indifference to the
interest of a beneficiary, or a profit derived by the trustee from a breach of trust.
2. PLANS AND SPECIFICATIONS.
a. Developer/Owner shall contract with a professional engineer licensed in the State of
Texas and acceptable to the City's Development Services Engineer to prepare plans
and specifications for the Wastewater Improvements, as shown in the attached
Exhibit 3, the content of such exhibit being incorporated by reference into this
Agreement, with the following minimum requirements.
Item DESCRIPTION JNTT ESTIMATED ESTIMATED UNIT PRICE
QUANTITY QUANTITY+5Go
SANITARY SEWER IMPROVEMENTS FOR 21"S SWR TRUNK LIME
1 "'31 Fv'v.PSI 115.CTM F6'912Y-22'vu!) LF 2D3 213 $ 25.00
=31 Pv'u.PSI 115.STM 1`679 1=-20'out'I LF 45d 41-3 5 _,-..00
3 C HA Tren•:h P,Neotoon LF 653 E-861 S 3.dD
4 Embedment = 653 -S81 S 15.DD
6 c C a^ret-,Nbrihole;24'-26'Cut) 21 S 8—=XIA0
(Developer/Owner may use 24" PSI PVC if the supply of 21" PSI PVC is unavailable.
The additional cost of 24" PSI PVC will be at the Developer/Owner's expense.)
b. The plan must be in compliance with the City's master plans.
c. The plans and specifications must comply with the City's Wastewater Standards
Detail Sheets and Standard Specifications.
d. Before the Developer/Owner starts construction, the plans and specifications must
be approved by the City's Development Services Engineer.
3. REIMBURSEMENT.
a. The cost for the Wastewater Improvements less $23,580.00 lot/acreage fee credit is
$110,296.96 Subject to the conditions for reimbursement from the Wastewater Trunk
Line System Trust Fund and the appropriation of funds, the City will reimburse the
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 2 of 11
developer, the reasonable actual cost of the Wastewater Improvements up to an
amount not to exceed $110,296.96 as shown in the attached Exhibit 4, the contents
of such exhibit being incorporated by reference into this Agreement.
b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System
Trust Fund per the UDC and this agreement, the City agrees to reimburse the
Developer/Owner on a monthly basis upon invoicing for work performed. The
submitted invoice shall be deemed administratively complete by the City prior to
payment. The reimbursement will be made no later than 30 days from the date of
the City's administrative approval of the invoice. Developer/Owner shall submit all
required performance bonds and proof of required insurance under the provisions of
this Agreement.
c. Cost-supporting documentation to be submitted shall include:
1. Summary of Costs and Work Performed on Form provided by the Development
Services Department.
2. Contractor and professional services invoices detailing work performed.
3. The first reimbursement request requires submittal of invoices for work
performed. Future disbursements shall provide evidence of payment by the
developer/owner through a cancelled check or bank ACH for the previous
submittal. The final reimbursement request shall require evidence that all
invoices to date have been paid.
d. To be eligible for reimbursement, the work must be constructed in a good and
workmanlike manner and must have been inspected and accepted by the City. The
City agrees to conduct periodic inspections and approve the progress of the work at
key points during construction.
e. The final 5% of the total contract reimbursement amount will be held as retainage
until such time the City issues acceptance of public infrastructure in accordance with
Unified Development Code.
f. In the event that this Agreement is terminated by the City as a result of an uncured
default by the Developer/Owner and at a time when there has been a partial
completion and/or partial payment for the improvements, then the City shall only
reimburse the Developer/Owner for its costs that were legitimately incurred towards
the completion of the improvements that have been inspected and accepted by the
City up to the time that the uncured default occurred.
4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT.
a. All payments, credits, priority of reimbursement, and deferred reimbursement shall
be made in accordance with UDC §8.5. Developer/Owner understands and agrees
that if funds are not available in the Wastewater Trunk System Trust Fund, that
reimbursement will not be made until such funds are available, appropriated, and
Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is
determined according to the date the reimbursement agreement is approved by the
City Council.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 3 of 11
b. Payments will not be paid when funds are not available in the Wastewater Trunk
System Trust Fund. Payments may be made when monies are available in and
appropriated from the Wastewater Trunk System Trust Fund and the
Developer/Owner has priority in accordance with UDC §8.5.2. E.
c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the
developer will be given credit for lot or acreage fees that are due on subsequent final
plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts
credited will be deducted from the outstanding amounts owed to the developer by the
Wastewater Trunk System Trust Fund until the total amount owed has been paid,
provided that the lands being platted are within or contiguous to the boundaries of
the preliminary plat of the originally developed property, the land will be served by
the wastewater trunk line for which the credit was given, and an extension of the
trunk line was not required to serve the land.
5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a
contract and complete the Wastewater Improvements under the approved plans and
specifications within 24 months from the date of City Council approval of this agreement.
6. NOTICES.
a. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following address:
1. If to the Developer/Owner:
Braselton Development Company, Ltd.
Attn: Fred Braselton
5337 Yorktown Boulevard-Suite 10D
Corpus Christi, TX 78413
2. If to the City:
City of Corpus Christi
Attn: Director, Development Services Department
2406 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
with a copy to:
City of Corpus Christi
Attn: Assistant City Manager, Business Support Services
1201 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
b. Notice must be made by United States Postal Service, First Class mail, certified,
return receipt requested, postage prepaid; by a commercial delivery service that
provides proof of delivery, delivery prepaid; or by personal delivery.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 4 of 11
c. Either party may change the address for notices by giving notice of the change under
the provisions of this section.
7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater
Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and
all local, state and federal laws, codes and regulations, in accordance with the plans and
specifications submitted to the City's Development Services Department and reviewed and
approved by the City's Development Services Engineer.
8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements,
Developer/Owner shall acquire and dedicate to the City the required additional public utility
easements ("Easements"), if any, necessary for the completion of the Wastewater
Improvements. If any of the property needed for the Easements is owned by a third party and
the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the
City may use its powers of eminent domain to acquire the Easements. Developer will be
responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement.
9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-
rata fees as required by the UDC.
10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract.
11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in
performing their duties and obligations under this Agreement. If this Agreement calls for review
or inspections by the City, then the City's reviews or inspections must be completed thoroughly
and promptly.
12. DEFAULT. The following events shall constitute default:
a. Developer/Owner fails to engage a professional engineer for the preparation of plans
and specifications by the 10th calendar day after the date of approval of this Agreement
by the City Council.
b. Developer/Owner's professional engineer fails to submit the plans and specifications
to the City's Director of Engineering Services by the 40th calendar day after the date of
approval by City Council.
c. Developer/Owner fails to award a contract for the construction of the project,
according to the approved plans and specifications, by the 70th calendar day after the
date of approval by City Council.
d. Developer/Owner's contractor does not reasonably pursue construction of the
Wastewater Improvements under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Wastewater
Improvements, under the approved plans and specifications as provided in section 4 of
this agreement.
f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
obligations under this Agreement.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 5 of 11
13. NOTICE AND CURE.
a. In the event of a default by either party under this Agreement, the non-defaulting
party shall deliver notice of the default, in writing, to the defaulting party stating, in
sufficient detail, the nature of the default and the requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business days from the
delivery of the default notice ("Cure Period") to cure the default.
c. In the event the default is not cured by the defaulting party within the Cure Period,
then the non-defaulting party may pursue its remedies in this section.
d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the
City shall give notice to Developer/Owner, at the address stated in section 5, of the need
to perform the obligation or duty, and should Developer/Owner fail to perform the
required obligation or duty within 15 days of receipt of the notice, the City may perform
the obligation or duty, charging the cost of such performance to Developer/Owner by
reducing the reimbursement amount due Developer/Owner.
e. In the event of an uncured default by the Developer/Owner, after the appropriate
notice and Cure Period, the City has all its common law remedies and the City may:
1. Terminate this Agreement after the required notice and opportunity to cure the
default;
2. Refuse to record a related plat or issue any certificate of occupancy for any
structure to be served by the project; and/or
3. Perform any obligation or duty of the Developer/Owner under this Agreement
and charge the cost of such performance to the Developer/Owner. The
Developer/Owner shall pay to the City the reasonable and necessary cost of the
performance within 30 days from the date the Developer/Owner receives notice
of the cost of performance. In the event the Developer/Owner pays the City
under the preceding sentence and is not otherwise in default under this
Agreement, then the Agreement shall be considered in effect and no longer in
default.
f. In the event of an uncured default by the City after the appropriate notice and Cure
Period, the Developer/Owner has all its remedies at law or in equity for such default.
14. FORCE MAJEURE.
a. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes;
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other
causes not reasonably within the control of the party claiming the inability.
b. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party claiming force majeure
shall give written notice of the full particulars of the force majeure to the other party
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 6 of 11
within ten (10) business days after the occurrence or waive the right to claim it as a
justifiable reason for delay. The obligations of the party giving the required notice, to the
extent affected by the force majeure, are suspended during the continuance of the
inability claimed but for no longer period, and the party shall endeavor to remove or
overcome such inability with all reasonable dispatch.
15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the
Wastewater Improvements, contracts for testing services, and contracts with the contractor for
the construction of the Wastewater Improvements must provide that the City is a third-party
beneficiary of each contract.
16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the
work that is the subject of this Agreement, furnish a performance bond payable to the City of
Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in
excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code
3503, Texas Government Code 2253, and all other applicable laws and regulations. The
performance or payment bond must name the City as an obligee. If the Developer/Owner is not
an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and
prominently display on the bond or on an attachment to the bond:
(1) the name, mailing address, physical address, and telephone number, including the
area code, of the surety company to which any notice of claim should be sent; or
(2) the toll-free telephone number maintained by the Texas Department of Insurance
under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of
the surety company to which any notice of claim should be sent may be obtained from
the Texas Department of Insurance by calling the toll-free telephone number.
17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the
construction, dedication of Wastewater Improvements will be subject to City inspection and
approval.
18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the
Wastewater Improvements and the construction thereof for a period of one year from and after
the date of acceptance of the facilities by the City's Director of Engineering Services.
19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify,
save and hold harmless the City of Corpus Christi, its officers,
employees, and agents, ("indemnitees") against any and all liability,
damage, loss, claims, demands suits and causes of action of any
nature whatsoever asserted against or recovered from city on account
of injury or damage to person including, without limitation on the
foregoing, workers compensation and death claims, or property loss
or damage of any other kind whatsoever, to the extent any injury,
damage, or loss may be incident to, arise out of, be caused by, or be in
any way connected with, either proximately or remotely, wholly or in
part, the Developer/Owner's failure to comply with its obligations under
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 7 of 11
this agreement or to provide city wastewater service to the
development, including injury, loss, or damage which arise out of or
are in any manner connected with, or are claimed to arise out of or be
in any manner connected with the construction, installation, existence,
operation, use, maintenance, repair, restoration, or removal of the
public improvements associated with the development described
above, including the injury, loss or damage caused by the sole or
contributory negligence of the indemnitees or any of them, regardless
of whether the injury, damage, loss, violation, exercise of rights, act, or
omission is caused or is claimed to be caused by the contributing or
concurrent negligence of indemnitees, or any of them, but not if caused
by the sole negligence of indemnitees, or any of them, unmixed with
the fault of any other person or entity, and including all expenses of
litigation, court costs, and attorneys fees, which arise, or are claimed
to arise, out of or in connection with the asserted or recovered incident.
This indemnity specifically includes all claims, damages, and
liabilities of whatever nature, foreseen or unforeseen, under any
hazardous substance laws, including but not limited to the
following:
(a) all fees incurred in defending any action or proceeding
brought by a public or private entity and arising from the
presence, containment, use, manufacture, handling,
creating, storage, treatment, discharge, release or burial on
the property or the transportation to or from the property of
any hazardous substance. The fees for which the
developer/owner shall be responsible under this
subparagraph shall include but shall not be limited to the
fees charged by (i) attorneys, (ii) environmental consultants,
(iii) engineers, (iv) surveyors, and (v) expert witnesses.
(b) any costs incurred attributable to (i) the breach of any
warranty or representation made by Developer/Owner in this
agreement, or (ii) any cleanup, detoxification, remediation,
or other type of response action taken with respect to any
hazardous substance on or under the property regardless of
whether or not that action was mandated by the federal,
state or local government.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 8 of 11
This indemnity shall survive the expiration or earlier termination
of the agreement.
20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may
not be assigned by the Developer/Owner to another without the written approval and consent of
the City's City Manager.
21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus
Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of
Interest form attached to this Agreement as Exhibit 5.
22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this agreement.
Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts
with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of
units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business
entity of which the board or other governing body is composed of not more than
10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service
as one of the four officers most highly compensated by a business entity that has
more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms of a
contract with a governmental entity or state agency, including a broker, intermediary,
adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed,
signed, notarized and filed with the City. For more information, please review the Texas Ethics
Commission Rules at.https://www.ethics.state.tx.us/le.cial/ch46.html.
23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the
Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required.
For more information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at http://www.cctexas.com/government/city
secretary/conflict-disclosure/index
24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this Agreement binding and
enforceable by their signature.
25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to
the benefit of the City and the Developer/Owner and their respective heirs, successors, and
assigns from and after the date of final execution by all parties.
Remainder of page intentionally left blank; signature page to follow.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 9 of 11
EXECUTED IN ONE ORIGINAL this day of ' 20
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Albert J. Raymond III,
City Secretary Director of Development Services
APPROVED AS TO LEGAL FORM:
Buck Brice (Date)
Assistant City Attorney
For City Attorney
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 10 of 11
DEVELOPERIOWNER:
Braselton Development C mpany,, Ltd
By.- % Gel '7
Y�
";
Fred/Braselton, President
STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on I"lQ r I 20k,
by Fred Braselton, for Braselton Development Company, Ltd., a Texas Limited
Partnership, on behalf of said Texas Limited Partnership.
3-12 IA Oce
Notary Public's Si na e
JENNI BROWN
`�SPPY PUe,'�
Notary Public,State of Texas
'•.%; •Q=Comm. Expires 02-23-2025�;:` Notary ID 132939640
FOF
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21 Page 11 of 11
General Nate,: County of Nueces Locwtion Mop:N.T.S.
City of Corpus Christi
1. Total platted ore....tains 10.86 Acres of Lana.(Includes at...t dedication) EXHIBIT 1
2. 5/8 Inch Iran Rad with red plastic cap stamped"URBAN ENGR CCTX"Set at
all lo[corners,unless otherwise noted. Flo CNneea
3. The r...
..wing w ter for the storm water runoff from this property is the Oso Plat Of [
Loma.mw.e e.me ,on I__/
Creek. The TCEO has not classified the aquatic life use far the Oso Creek, ._'site
but it is recognized as a env ran ,.folly sensitive.re.The Oso Creek flows
T.
,n P
directly into e Oso B.,Th.�TCEO has cl...ifietl theaquatic life use for the London Towne S'ubdl vision
Osa Bay a ptiord"and "oyster waters'and categorized the receiving
n
Water as cxce
"contact reare.tl. u... Unit 7 4�� Zi 4. The yard requirement, s depicted, g requirement of the Uniretlbei. 10.86 Acre Tract, out of Section D,
Development Cade antl is subject to change as the zoning may change. 9LauVolu Farm Tracts, a map of which cordedFarm to Mallet
5. All driveways to public Streets Within the subf theon shall conform to access C Volume a Page being
Map Records Of r Nueces
management standard,outlined in Article 7 of the UDC. County, Texas; and being a portion of a 21.76
Sarvewr's Notes Acre Tract oJ
f Land described in Warranty Deed
with Vendor's Lien from Joseph ohn Meaney, as
1. Grid Bearings and Distances shown hereon referenced to the Te"
Trustee of the ClaireElizabeth Hayne Trust, the
Coordinate System of 1983,Texas South Zone 4205,and are hosed on the Isabelle Mar Hayne Trust, and the Emily P.
North American Datum of 1983(2011)Epoch 2010.00. Haynes Trust, s
by and through his Attorney—in—Fact,
2. Existing Flood Map,by graphic platting only,this property is currently in Zone David Walsh; and Elizabeth Anne Meaney Trustee of
"C" of the Flood Insurance Rate Ma (FIRM), CammunitPanel Number the Lucy A. Haynes Trust, to Braselton Development State of Texaa
485494 0505 D,Carpus Christi,Texas,Which bears a revisetlytlate of June 4, Company, Ltd., a Texas limited partnership, C..nry of rvueces
1987 and not i o Special Flood Hazard Area. The existing FIRM Panel recorded in Document NO. 2019002524. Official This final plat of t d property vas approved by the Department of Derelopmen[
485494 0505 D i.n hosed on the National Geodetic Vertical Datum of 1929 Public Records Of Nueces County, Texas, a portion Services of the City of Corpus Christi,
(14M). of an 8.68 Acre Tract of Land described
n a
General Warranty Deed from Joseph Jahn Meaney, This the----- of------------------10_____
Flood}. Proposes Flood Map,this proper),is proposed a he Wimin zone'x'of the Trustee of the Claire Elizabeth Haynes Trust, the
N-c Insurance Rate Map(FIRM), Community Panel 483Num5 48355 ear. , Isabelle Marie Haynes Trust, the Emily P. Haynes
revNueces County, Texas, Community Panel Number 48rop... F bears a Trust, the Laura Marie Ha Trust and the Luke -------------------
iaea preliminary date of May }0, 2018. Tie Proposed FIRM Panel Haynes Brett Flint,P.E.
48}55C0505G is hosed on the North American Vertical Datum of 1988 Ian HaynesTrust, and Elizabeth Ann Meaney, Oev<lapm<n[S<rvixa Engineer
(NAVD86). Trustee of the Lucy A. Haynes Trust, to Braselton
Development Company, Ltd., a Texas limited State of Texaa
partnership, recorded in Document No. 2019028160, County of Nue«.
Official Public Records of Nueces County, Texas,
ex This fin.l plat of the ,rein deaab-property ra .pprwe-an behmr.f the city.f carp..chdaN,
and a portion of an 12.88 Acre Tract of Land re:aa by me wanninghcammsamn.e
described n a Warranty Deed with Vendor's Lien
from Joseph John Meaney, Trustee of the Claire This the_____day of------------------20_____
Elizabeth Haynes Trust, the Isabelle Marie Haynes
Trust, the Emily P. Haynes Trust, the Laura Marie
Haynes Trust and the Luke Ian Haynes Trust, and u Raymane,III,AlA Dani<I N.Dibble
Elizabeth Anne Meaney, Trustee of the Lucy A. Secretary Chairman
Haynes Trust, to Braselton Development Company,
Ltd., a Texas limited partnership, recorded in State of Texaa
Document No. 2021004229, Official Public Records County of Nu«ea
of Nueces County, Texas. .sands,Clerk of the Count Court in and for sae Count it [ e fore
Y y,ea deity cab y M1 going
I,Kar i M1 a[[M1
instwmen[dated[he day.f----------10__,with its certificate.f authentication-- was
___
filed for record in my afRce of___day of------_20____At____D'claak___oun and
eay recorded me_Day of_____ 20____at____O'dack__1.1.,in vete County in
Volume____,Page------_.Map Record..
Slate of texas Stale of Texaa NT[....m hand and s«I or the Count Court,In and for said Cwn[ at free In Corp..County of Nu«es County of Nu«es Texaa, hedaya last xm.r. Y Y' Christi.
an ear
Braselton Development Company,Ltd.,eni a Texas limited boundaries
herby calirea ANER1C BANK,hereby xr[ifiea that it boldo a lien on me property.rhea by
that it is me oxna of the lanae,.braced within the boundad<a of the fa<gaing Braselton Devela^menl Company,Ltd.,a Texas limited partnership, s dhow,on the
plat; [hal it he,had said lands wT.d and.ubdi..a shorn: that street. f.regcohig map d iI approve,of me,.bdiV,i,n and dedication for the purpose, Fie-far Record r.Sands,Ca [ Cerk
haven are dedicated, to the public u e faeven that
a. her are and o ideation,therein expros,ed. eves Count,uneYasl
use for me' a Ka
andlcthat to[h<public in.Irpos on,operation and dedication.and and at________O'clock___1J.
This the_____day.f------------------2D------ ____—___—.20---—__ BY_____—__________—_
D puty
Thio the_____dor.r-----------------zD_____
By.AMERICAN BANK State.f Te...
By.Brosstan De—pmmt Company,Ltd.,a Texas limited partnership County of Nueces
B Braaeltou Manor t Cam genera par By. p g Parc mes D.Carr,Registered Professional Land Surveyor far u n Eng9M,ring,have prepared the
y, gernm pony,LLC,its tner Philli J.Ritl<W Senior Lenein O/fi<er going map a ground underis true and to the
hest of mY knowledge,mfarmalaneand belief;I h.,been a gaged to
contract to sett all correct
and
BY Slate of Texas Blackatet wrim asouae Pr.h—anal Practice.
'.corrPlete such aperatians wim due and reasonable dlig—
Fred Bra.elt.n,Pre,id<nl County of Nuece. cane
Due inti—r[ver,ackn.wledgea before me by Phillip J.Ritley,a.Senior Lending Tile the_____day of__________ 20_____
State of Texas Of—of AMERICAN BANK,on behalf of said bank.
County of Nueces
This hi—men[was..knoll e edge-before b y Fred B—star,as President of
Braselton Management Company, -
m, general partner id ntity tan Development This me_____day of-----------------20____.
Canpany,L[-.,a Texas limitedpartnership,an behalf of seri- y Dai-capacity. Prelim dry,thio doc ant shell not he recorded s D.Cam,R.P.LS.
for say purpose ad shell eat he used or Hewed rex..License No.—
This me_____tlaY of-----------------2a----- NatarY Public in and fa me State of Texaa
or relied u n as a flee/aur doaumen,
Revised:2/2/2022
(�(� URBAN
■■gyp �� Submitted:2/10/21
Notary Public in and fa the State of texas Y SCALE:None
JOB NO.:42900.0 1.02
ENGINEERING SHEEP:1 err 2
DRAWN By:XG
O2a22 b at OuN�.ngeineedng
Cz 175']3 z5 60.a0 18].8] SM'z101' 119.91
CS I]Y5M.
2 z5 80.00 1.— 453]759 1198
C7 71'1a 00 'Zim 12.42 553]759 11.84
4e9m9:
•5/8 IncM1 Iron Rad
3ofl 95 - or,ne eap a
'LRBNi ENaR Cfl oc<Cr%"fCUId
°°d o, r.°cts o 5/8 IncM1 n Rad
Se 'URBI mGR<Cre Set
Re(ooc5 No.99,]43.o.P.R.N.c Tel os
tamped
xe 'LRBNiIENCfl<Cr%'�Set
N89'12'59'E 698.84'
4;
42;�,0, ,a44
4 - - r 150 100 50 0 100 200
` $�avae or r avi ,�✓�/ Graphic Scale
469'[2 b9'E °Thar 0haee OrM T,o F— /
R°Thome,Chase°orve ,
9 0 ,22 �u g�.�o-Q® Plat of
,e zc-o 7i /' �,fa;a'w//
London Towne Subdivision
Unit
9 2 825 2
a reme so�so,so ...c�;ler / / /^ _ being a 10.86 Acre Tract, out of Section D,
_ �'�� ® '' /a? Laureles Farm Tracts, a map of which is recorded
/ :'a m Volume 3 Page 15, Map Records of Nueces
Cama6y Streat ° / /'S oo County, Texas; and he ng a porton of a 21.7fi
Acre Tract of Land described in a Warranty Deed
with Vendors en from Joseph John Meaney as
Trustee of theL'Cla re Elizabeth Haynes Trust the
oag0'r / //y� Isabelle Mare Haynes Trust and the Emily P.
Re �,eaes s
row`tooe,orlaso,aore�eo.oP.axc?/t°/ ,a 13 ' ] s - 7 sa��/ e a° /- /% Fgo Haynes Trust, by and through his Attorney in Fact,
-- — _ PM1 � r / ° David Walsh; and Elizabeth Anne Meaney, Trustee of
51—
v °�
°o / / �$_o the Lucy A Haynes Trust to Braselton Development
Company, Ltd., a Texas limited partnership,
Rex4ar o m a H recorded in Document No. 2019002524, Official
Public Records of Nueces County, Texas, a portion
l: of an8.68 Acre Tract of Land described in a
General Warranty Deed from Joseph John Meaney,
Trusteeof the Claire Elizabeth Haynes Trust, the
/ Nab lie Marie Haynes Trust, the Emily P. Haynes
a9rsebry DrMr'll secQ p,3 l ;t Trust, the Laura Marie Haynes Trust and the Luke
sewn// a° Ian Haynes Trust, and Elizabeth Anne Meaney,
/0w emoa'�N.—1-221. ".o,er�°-/ 0 .,w /s Trustee of the Lucy A. Haynes Trust, to Braselton
®g n 17as�;� , /o Development Company, Ltd., a Texas limited
a A a szplo, s_, partnership,o� aa97.r // partnership, recorded in Document No. 2019028160,
Official Public Records of Nueces County, Texas,
s 1259°
4362; and a portion of an 12.88 Acre Tract of Land
described in a Warranty Deed with Vendor's Lien
from Joseph John Meaney, Trustee of the Claire
Elizabeth Haynes Trust, the Isabelle Marie Haynes
Trust, the Emily P. Haynes Trust, the Laura Marie
R zoar N°e9es co°°iv,re•°
e Haynes Trust and the Luke Ian Haynes Trust, and
e�oow°a,No oyer/ Elizabeth Anne Meaney, trustee of the Lucy A.
'1=Na.zo,nosor3o,oore.N.c*., Ha Trust, to Braselton Development Cam
Haynes ip, pony,
Lttl., Texas limited
partnership, recorded in
Document No. 2021004229, Official Public Records
Of Nueces County, Texas.
Prelim)nary,Ldla dacumeeL shell e0t he recorded
/ar eny pu pose end edell not be used or v/eyed
relied upon ea a 6ne1 surrey document
Revised:2/1/22
URBAN
Submitted:2/10/21
SCALE: '" 100'
JOB 42900.0 1.02
ENGINEERING SHEET:P:2 2 of 2
DRAWN By:xG
O?112 b at Ourb�ori9eneedng
EXHIBIT 2
APPLICATION FOR SEWER LINE CREDIT
I, Braselton Development Company,owner and developer of proposed London Towne unit 7
Subdivision,hereby apply for§ 5 ��
credit towards the sewer lot/acreage fee for the Master Plan
sanitary sewer trunk line extension installed in conjunction with London Towne unit 7 Subdivision as
provided for by City Ordinance No.032357. The off-site construction cost, including 12%Engineering,
is$133,876.96 as shown by the cost supporting documents attached herewith.
(Deve oper) Date)
THE STATE OF TEXAS
COUNTY OF NUECES ❑
This instrument was acknowledged for me on 2022 by Ftzd e��h
JENNI BROWN
Notary Public,State of Texas
fl Comm.Expires 02-23-2026 Notary Public in and eces County,Texas
Notary ID 132838640
CERTIFICATION
The information submitted with this application has been reviewed and determined
to be correct and a credit for$ is herewith approved.
9ir�gieerittg Date
{C-��+-Et�irreet�
oeVejo n.,yrr't Sed✓dL�5
t-/ry i A-e-Pr
APPLICATION FOR SEWER LINE REIMBURSEMENT
I, Braselton Development Company, owner and developer of proposed London Towne unit 7
Subdivision, hereby request reimbursement of $110,296.96 for the installation of the sewer trunk line in
Conjunction with London Towne unit 7 Subdivision, as provided for by City Ordinance No. 032357. Said
$133,876.96 is the Construction Cost, including 12% Engineering, in excess of the lot/acreage fee, as shown
by the cost supporting documents attached herewith.
. 6LzZ--
(Developer) (Date)
THE STATE OF TEXAS u
COUNTY OF NUECES u
This instrument was acknowledged before me on_2 1 l Ill , 2022 bytlr'C) Bj''Ll.e-h. ri.
.y1 JENNI BROWN
P''�G Notary Public,State of Texas
3 :, Q Comm.Expires 02-23-2025 A
,I
Notary ID 132939640 Notary Public ino Nueces County, Texas
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DENTEDCATIGN OF PRESSURE RATED
IMAINS DURING FUTURE CONSTRUCTON, 1 10 1
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OF 2
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EXHIBIT 4
REIMBURSEMENT FOR SANITARY SEWER MASTER PLAN IMPROVEMENTS DATE: JANUARY 2022
LONDON TOWNE UNIT 7
Engineer:MURRAY F.HUDSON,P.E.
JOB NO: 42900.C1.01
Item DESCRIPTION UNIT ESTIMATED ESTIMATED UNIT PRICE TOTAL PRICE
QUANTITY QUANTITY+5%
SANITARY SEWER IMPROVEMENTS FOR 21"SSWR TRUNK LINE
1 21"PSI PVC/PSI 115 ASTM F679(20'-22'Cut) LF 203 213 $ 95.00 $ 20,235.00
2 21"PSI PVC/PSI 115 ASTM F679(22'-24'-Cut) LF 450 473 $ 150.00 $ 70,950.00
3 OSHA Trench Protection LF 653 686 $ 3.00 $ 2,058.00
4 Embedment LF 653 686 $ 15.00 $ 10,290.00
5 5'Diameter Manhole 24'-26'Cut EA 2 2 $ 8,000.00 $ 16,000.00
TOTAL:SANITARY SEWER IMPROVEMENTS FOR 21"SSWR TRUNK LINE $ 119,533.00
Engineering,Testing&Surveying(12%) $ 14,343.96
TOTAL REIMBURSEMENT DUE: $ 133,876.96
NOTES:
1.Prices are from MVR Construction contract with Braselton Development Company.
PG1of1
EXHIBIT 5
DISCLOSURE OF INTERESTS
f City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking
j to do business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with "NA".
NAME: Braselton Development Company, Ltd.
STREET: 5337 Yorktown Boulevard-Suite 10D CITY: Corpus Christi ZIP: 78,413
FIRM is:0Corporation Partnership Sole Owner Association Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department(if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name
Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Commission, or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
N/A
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur. President of Braselton Management
Fred Braselton Company, LLC,general Partner of
Certifying Person:
(Print Name) Title: Braselton Development Company, Ltd.
Signature of Certifying Person: ,tai Date: Z/Z-/%_Z_
KADEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTIAPPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC
Reimbursement Agreement
Agreement with Braselton Development
Company, Ltd.
For Wastewater Trunk Line
Improvements
London Towne Unit 7
City Council
April 12, 2022
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Location Map
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East side of CR 33, East of
London Towne Subdivision
Units 2,5, and 6
London Towne Unit 7 g`
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Faun Tracts,Vol_3,Pg_'15,MRNCT
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Trust Fund Balance as of February 28, 2022
Water Arterial Sanitary Sewer Sanitary Sewer
Transmission& Water Distribution (Wastewater) (Wastewater)
Grid Main Trust Main Trust Trunk System Collection Line
Trust Trust
lot&acreage fees pro-rata fees lot&acreage fees pro-rata fees
75%surcharge 25%surcharge 75%surcharge 25%surcharge
$404,987.49 $105,227.32 $484,817.72 $63,057.58
Wastewater Trunk Line Trust Fund's Balance will be $401,882.24 after appropriating funds for London Towne Unit 6
Funding in the amount of$110,296.96 will be appropriated to the developer for London Towne Unit 7
Recommendation
Approval
The request submitted by the applicant is
in accordance with UDC 8.5.2.E
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SUBJECT
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µoRPORPg4 AGENDA MEMORANDUM
1852 City Council Meeting of April 19, 2022
DATE: March 31, 2022
TO: Peter Zanoni, City Manager
FROM: Iain Vasey, President/CEO
ivasey@ccredc.com
(361) 882-7448
Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City
Council (The first quarter of Calendar Year 2022)
OUTSIDE PRESENTERJa
Name Title/Position Organization
1. Iain Vasey President/CEO CCREDC
BACKGROUND:
The CCREDC provides quarterly updates to City Council. In accordance with this practice, the
CCREDC will update the Council on its activities and the status of the local economy. This
presentation covers January— March 2022. Our last presentation was on January 25, 2022.
The Metropolitan Statistical Area (MSA) economy is moving back to normal. There are plenty of
positive signs that are getting close to pre-COVID levels. We are still tracking roughly 7,600
less jobs than in March 2019. The unemployment rate has been coming down from a high of
15.7% in April 2020. We are at 6.3% at the end of February. The greatest challenges in
reducing unemployment are labor Rate Participation and securing high paying jobs in diverse
sectors of the economy. The sales tax collections are up across the MSA from 2021 with the
exception of a few smaller cities. The housing market remains superheated. The EDC is
working on 20 major projects that are valued at $24.0 billion in capital investment and would
possibly create 2,610 quality primary jobs. The EDC is looking for other industries to attract to
our region. We have completed a Targeted Industry Survey to look at industries that we can
target but also re-shoring opportunities. We are coordinating with partners to push a "sense of
place" initiative and have a draft report that we are reviewing. EDC is delivering value to the
City and the region.
LIST OF SUPPORTING DOCUMENTS:
CCREDC City Council Q1 2022 Quarterly Update
Corpus Christi
City Council
1st Quarter
Corpus Christie Report 2022
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION
'AiiIain Vasey CEcD
President/CEO
ING
PLEASE MOTE on the building permits The City of Corpus Christi maynot require the disclosure of information related to the value
BUILDof or cost of construction or improving a residenfiaf dwelling as a condition of obtaining a building permit excepE as required by the
Federal Emergency Management Agencyfor participation in Ehe National Flood Insurance PreEggrarn_
PERMITS The Ci 's fiscal year is from Oct_1-Sept.30.
Oct,City of • •
Corpus Christi FY 20211-20222020-202,11 1 F 121 2019-2020 20118-21019
Residential 628 590 1516 1086 980
Permits Issued
Sq. Footage 1,468,668 s.f. 1,506,476 s1 3,691,246 91 2,753,386 s.f. $124,680,297
Commercial 25 46 88 185 124
Permits Issued
Project Cost,,191,k $43,637;320 $65,736,478 $142,047,389 $3466,491,365 $149,326,580
Source: www.ectexas.com
hm)s:flwwwcct xas.comfservices/construction—and—property—serviceslbuildinw—compliance—informationlusef ul—report s
x
Corpus Christi Local Market Housing Data
Date Sales Dollar Average Median Total Months Corpus
Volume Price Price Listings Inventory Christi
LIM MSA
e ... 1 24 $653654,015 : $266388 ` $2333636` 631 W 1: .0
Dec. 2021 42 $14213,894 $284,88 $2473250 44 1.7 k 1.8
Jan. 2022 28} $81,248 257 $288114 $257 000
eb. 2022 33 $9635503564 $292357 $2523000 576 1.5 z 1.7
Unemployment Rates
10.0
9.0
8.0
7.0
6.0
5.0
4.0
3.0
2.0
1.0
0.0
Feb. Mar. Apr. May Jun. Jul. Aug. Sept. Oct. Nov. Dec. Jan. Feb.
2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2022 2022
♦Corpus Christi 9.4 8.8 8.1 7.5 8.4 7.5 6.8 6.3 6.1 6.0 5.8 6.6 6.3
♦Texas 7.5 7.1 6.4 5.9 6.6 6.0 5.3 4.9 4.8 4.5 4.2 4.8 4.7
-SMU.S. 6.6 6.2 5.7 5.5 6.1 5.7 5.3 4.6 4.3 3.9 3.7 4.4 4.1
February 2022 Employment by Sector for Corpus Christi MSA
Monthly Feb. Feb. Feb.
Industry Change 2020 2019 2018
Total Nonfarm :•• 2,500 :: ••• •• :• • 192,700 193,500 193,200
Mining, Logging and Construction .•• 600 :•• •• : :•• 22,300 24,300 26,300
Manufacturing • 0 •• •• ••• 8,600 8,300 8,100
Trade, Transportation, and Utilities •• -400 •• •• •• 32,700 32,700 33,000
Information •• 0 •• •• •• 2,700 2,700 2,700
Financial Activities •• 0 •• •• •• 8,300 1 8,300 8,000
Professional and Business Services :•• 100 •• •• .•• 18,400 19,000 18,300
Education and Health Services •• 200 • :•• • .•• • •• 32,500 32,400 31,200
Leisure and Hospitality ••• 800 ••• •• ••• 25,200 24,900 24,600
Other Services •• 0 ••• ••• .•• 6,300 6,200 6,200
Government •• 1,200 •• •• ••• 35,700 34,700 34,800
Unemployment Rate �C.C. MSA6.3% Texas 4.7% U.S.4.1%
SALESTAX
COLLECTION ALLOCATIONS
Feb. 2022 Feb. 2021 2021 20202018
City of Alice 1,028,873 915,162 5,627,3M 5,266,345 6,285,785 6,541,113
��i of Aransas Pass 494,485 I 2,743,723 2,516r619 2,293,536 2,536.667
City of Beeville 727,094 640,092 3,785,579 3,605,444 4,0161,995 3,868,245
City of Corpus Christi 16,385,S36 14^131 86,035,2949OA02,819
City of Gre D 137,879 137,246 690,915 612.363 418,590 289.214
InglesideCity of 4
C'y of Port Aransas 453,119 384,306 3;372,428 2,887,502 2,966,923 2,343787
City of Portland 1,259,676 1,099,566 6�399,502 5,735,6M 5,369,M 6,265,69
City of Robstowm 354,815 328,674 1,860.293 1,874,500 2,483.352 2,32.1,308
City of RockportI: 2,826,009
City of Sinton 318,395 279.310 1.653,229 1,357,784 1,206.717 1,135.171
Combined Totals YTD 22,273,273 19,548,425 116,663,365 110.205.722 115.085,838 104,390,847
Area Projects Net Taxable Value
Taxing Entity 10 Year 20 Year
Nueces County $ 85,656,476 . 159,572,415 ...
«.
' S4Le,,
Hospital District 33,224,753 .5
$ 60,780,46
City of Corpus Christi $' 175,105,109 $ 851,303,341
A GREAT PLACE TO LIVE AM WORK
Nueces School Districts 332,414,584 J $ 598,673,168;
Del Mar College 42,918,627 '' J,$ 80,795,734'1
Type A Effect $ 24,834,06 22,448,032;
San Patricio County $ 45,033,011 1,158,408,912
San Patricio School Districts j 1,199,100,849IL 3,727,949,463 .
CorpusThese taxes are net of any incentive offered. Assumed the time
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION to complete schedule doesn't move appreciatively. City of
Corpus Christi includes the industrial district PILOT payments
CCREDC Project Pipeline
26 Active Projects
• !�� 3,000 Jobs $26 B Cap Ex
Projects Jobs Cap Ex A GREAT PLACE TO LIVE A WORK.
Sector
11 1,655 $ 25B Petrocheml Energy
Corpus Christi
REGIONAL
4 410 $153M Steellndustry
5 420 $110M DroneslUAV's
2 125 $600M Energy-Recycling
3 70 $ 15M Adv. Manufacturing
ECONOMIC
DEVELOPMENT ,..,. ,
1 300 $500K Call Center
Business Development Dashboard
ThyssenKrupp, Bull Moose, Friedman,
50 jobs, $60M 50 jobs, $10 M 50 jobs, $21M
(on SDI site) (on SDI site) (on SDI Site)
C ST OASTALFerragon Corp, SMS Group,
Schiit Audio,
A GREAT PLACE TO LIVE A WORK. 25 jobs, $10M 80 jobs, 10M
25 jobs, $100K
(on SDI site) (on SDI site)
Feralloy, Thales, 3 jobs, JM Steel,
100 jobs, $65M N/A Cap Ex 50 jobs, $50M
(on SDI site) (TAMU-CC) (on SDI site)
Corpus Christi GCGV, 600+jobs Steel Dynamics, Bootstrap Energy,
REGIONAL ECONOMIC $9.813 600+jobs $1.9 B 75 jobs $1.0 B
DEVELOPMENT •••
Business Attraction Activities
Industry Trade Shows and Conferences:
• Polyethylene Films (plastics), St Augustine FL, February
BUSINESS, • World Hydrogen Forum, February, Houston
OAST ' v
• Next Move Site Selection Group, February, New Orleans
A GREAT PLACE TO LIVE AMD WORK.
• Heliexpo, (aviation/helicopter manufacturing), Dallas, March
• SXSW (technology), March,Austin
• World Petrochemical Conference, March, Houston
• MRO (aviation) April, Dallas
Corpus Christi
ECONOMICREGIONAL • IAMC (site selection/industrial real estate), May, Ft Lauderdale
DEVELOPMENT .••
• AISTech (steel), May, Pittsburgh
Business Retention & Expansion
�ASTAL
A GREAT PLACE TO LIVE AM WORK.
� � Existing Industry March 2022 YTD
Existing Industry Visits YTD: 22
Current Projects: 2
Potential Jobs: 30
Potential Investment: $20M
Corpus
DEVELOPMENTREGIONAL ECONOMIC
Looking beyond recovery to create a new era of opportunity
Charting a ' and prosperity for the Coastal Bend -
New Course ` "Horizon
Renewed Targeted Industry Analysis, working with regional
allies
from Victoria to Kingsville and all points in between.
Bring it Home
p ' A strategic effort toward onshoring, nearshoring, shortening and
' �,
strengthening supply chains.
•
Focus Groups
Roundtable studies and conversations with industry clusters to
u connect existing industry to project pipelines
• Direct Access
` Provide data-backed advocacy directly to national, state and
local leadership through continued partnerships, surveys and
' expert analysis.
Corpus Christi Place Making
REG IONAL[CONCMI. Collaborative effort to define, enhance and communicate the
°EVE`°PMENTCORPORATION Coastal Bend Region as a great place to live, work, play, shop
Proactively planning for what the "New Economy" will yield in terms of
opportunities and changes to business environment
2021 Targeted Industries Analysis
• Supply Chain Analysis
CCREDC Reshoring/Nearshoring
• Economic Diversification (e.g.,
Petrochemicals, Steel) Options
Projects 4
Place-Making Quality of Place
• Assess the factors that make region the location of choice
for companies & residents
• Aesthetics/Projects Ideas
• Social & Other Business Conditions Influencing Community
"Stickiness Factors"
• Steps to take to stop "brain drain" of young people & professionals
Questions?
Corpus
REGIONAL ECONOMIC Thank you!
DEVELOPMENT . POR .
'AiiIain Vasey CEcD
President/CEO