HomeMy WebLinkAbout030562 ORD - 07/21/2015 Page 1 of 2
Ordinance
Approving the attached First Amendment to the Business Incentive
Agreement between the Corpus Christi Business and Job
Development Corporation ("Type A Corporation") and HEB Grocery
Company, LP ("HEB") which provides an additional $250,000 for the
improvement of McCampbell Road; and appropriating $250,000 from
the unreserved fund balance in the No. 1140 Business/Job
Development Fund for said business incentive grant from the Type A
Corporation to HEB; and changing the FY 2014-2015 operating
budget, adopted by Ordinance No. 030294, by increasing proposed
expenditures by $250,000.
Whereas, the Type A Corporation has budgeted funds to assist businesses create or
retain jobs in the City of Corpus Christi, Texas ("City").
Whereas, the Type A Corporation has requested proposals from businesses that will
create or retain jobs within the City, and determined that the proposal from HEB for the
improvement of McCampbell Road in front of their bread and tortilla manufacturing
facility in Corpus Christi and the retention of jobs; in which HEB proposes to invest up to
$17,700,000 in expansion of their bread and tortilla manufacturing facility and will retain
full-time jobs with an annual payroll of at least $12,522,700 over a five year period will
best satisfy this goal;
Whereas, The Type A Board approved the amendment at their May 18, 2015 meeting.
Whereas, City Council deems that it is the best interest of the City and citizens to
approve the business incentive agreement for creation of jobs between the Type A
Corporation and HEB;
Now, therefore, be it resolved by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. That the first amendment to the business incentive agreement for the
retention of jobs between the Type A Corporation and HEB that provides for the
improvement of McCampbell Road in front of their existing manufacturing facilities
within the City of Corpus Christi, is approved.
SECTION 2. That $250,000 from the unreserved fund balance in the No. 1140
Business/Job Development Fund is appropriated for a business incentive grant from the
Type A Corporation to HEB for the retention of jobs.
SECTION 3. That Ordinance No. 030294, which adopted the FY 2014-2015 Operating
Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job
Development Fund by $250,000 for the first amendment to a business incentive grant
from the Type A Corporation to HEB for the improvements to McCampbell Road.
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ATTEST: THE CITY OF CORPUS CHRISTI
illilkr Mak IIII \(\.\..)
Rebecca Huerta Nelda Martinez
City Secretary Mayor
i()APPROVED: day of ,L0, , 2015.
Corpus Christi, Texas
ci
That th foregoing ordinance was read for the first time reading on this the I't day of
,�,,1 , 2015, by the following vote:
Nelda Martinez ( ! Brian Rosas __41.,
Carolyn Vaughn I /, ! Colleen McIntyre
Rudy Garza atdoe_, - Lillian Riojas _4,Z,
Lucy Rubio Olt, Mark Scott O(Whui--
Chad
Magill ___A,
That t e fgregoing ordi an'e was read for the second time and passed finally on this
the f it 'I day of A , 2015, by the following vote:
Nelda Martinez Irthuil�" Brian Rosas i
Carolyn Vaughn . Colleen McIntyre S.
Y 1:
Rudy Garza I :. Lillian Riojas IA 1
1
Lucy Rubio ,,� Mark Scott
Chad Magill •' A.
I
d0a7a26f-beat-4461-a7c2-5c624fe55e8e
030562
FIRST AMENDMENT TO THE BUSINESS INCENTIVE AGREEMENT FOR
THE RETENTION OF JOBS BETWEEN THE CORPUS CHRISTI BUSINESS
AND JOB DEVELOPMENT CORPORATION AND HEB GROCERY
COMPANY, LP
This First Amendment(this "First Amendment") to the Business Incentive Agreement for
the Retention of Jobs is entered into between the Corpus Christi Business and Job
Development Corporation (the "Corporation") and HEB Grocery Company, LP ("HEB"), a
Texas limited partnership.
WHEREAS, the Corporation and HEB entered into that certain Business Incentive
Agreement for the Retention of Jobs between the Corpus Christi Business and Job
Development Corporation and HEB to improve McCampbell Road, dated February 8,
2013 ("Agreement");
WHEREAS, HEB has requested that the Corporation provide additional funds in an
amount up to $250,000 for costs incurred by HEB to improve McCampbell Road and
related utility improvements;
WHEREAS, the Corporation agrees that it is in the best interests of the residents of the
City of Corpus Christi to provide the additional funding requested by HEB;
NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated
in this First Amendment, the Corporation and HEB agree as follows:
1. The effective date of this First Amendment is the latest date that either party
executes this First Amendment.
2. The first paragraph of Section 5 of the Agreement is hereby amended to read as
follows:
Corporation Performance Requirements. Provided that HEB complies with the
terms of this agreement, the Corporation shall reimburse HEB for actual,
documented expenses incurred to design and construct the McCampbell Road
Project (the "Actual project Expenses"). Subject to 5(B) herein, the Corporation's
reimbursement of the Actual Project Expenses shall be made to HEB in five (5)
annual payments (each a "Corporation Grant") up to a maximum amount of
$1,100,000 ("the "Maximum Reimbursement Amount").
3. This First Amendment embodies the entire agreement between the Corporation
and HEB with respect to the amendment of the Agreement, as of the effective date
hereof. In the event of any conflict or inconsistency between the provisions of this First
Amendment and the Agreement, the provisions of this First Amendment shall control.
4. Except as specifically modified and amended herein, all other terms, provisions,
requirements, and specifications contained in the First Agreement shall remain in full
force and effect.
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#218141v1
5. This First Amendment shall be governed by the laws of the State of Texas.
CORPUS CHRISTI BUSINESS &JOB DEVELOPMENT CORPORAT ION
By:
Bart Braselton
President
Date:
Attest:
By:
Rebecca Huerta
Assistant Secretary
HEB Grocery Company, LP
i
Cy: t / AP/
Todd A. Piland
Executive Vice President
THE STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on �.c.�.l. (S , 2015, by Todd A. Piland acting as
Executive Vice President of HEB Grocery Compa , LP, a Texas limited partnership, on behalf of
the partnership.
'"�"w DEBRA L.SALDANA
,�
+ ,-' r NotoD Public.Stole of Texas
jam+-- ���; My Commission Expires
�Or March 12.2018
Notary Public -
State of Texas
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N218141v1
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 &8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: July 21, 2015
Agenda Item:
Ordinance approving the attached First Amendment to the Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery
Company, LP ("HEB") which provides an additional $250,000 for the improvement of McCampbell
Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job
Development Fund for said business incentive grant from the Type A Corporation to HEB; and
changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing
proposed expenditures by $250,000.
Amount Required: $ 250,000
Fund Name Account No. Fund No. Org. No. Project No. Amount
CCBJDC 530000 1140 15010 $250,000
Total $ 250,000
❑ Certification Not Required
Director of Financial Services
Date: JUL 2 1 2015
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