HomeMy WebLinkAboutAgenda Packet City Council - 08/22/2000
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CITY
COUNCIL
AGENDA
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City of
Corpus
ChrIsti
August 22, 2000
1:45 p.m.
Proclamation declaring August 22, 2000 as "Howard and Dolly Findley Day"
Proclamation declaring August 28, 2000 as "Women's Suffrage Day"
Certificate of Commendation - Park & Recreation Boxing Club-winners of State-wide "Games of Texas" Competition in Bryan.
Texas
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
AUGUST 22, 2000
12:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak
into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes.
If you have a petition or other information pertaining to your subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingllls es limitado, habnl un intllrprete ingllls-espatlol en todas las juntas del
Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or seNices are requested to contact
- the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Reverend Stelios Sitaras, Sl Nicholas Greek Orthodox Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Javier D. Colmenero
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
.
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
.
E. MINUTES:
1. Approval of Council Retreat of May 2, 2000, Regular Meeting of July 25, 2000 and Special Meeting
of August 4,2000. (Attachment # 1)
Agenda
Regular Council Meeting
- August 22, 2000
)age 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2.
*
Corpus Christi Downtown Management District
Cable Communications Commission
Park and Recreation Advisory Committee
*
.
G. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss matters
listed on the agenda, when authorized by the provisions of the Open
Meetings Act, Chapter 551 of the Texas Government Code. In the event the
Council elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the executive
session will be publicly announced by the presiding officer.
Planned Executive Session and Related Action
In addition to the foregoing, notice is given specifically that the City
Council expects to go into executive session during this meeting
regarding the following additional matters:
3.a. Executive session pursuant to Texas Government Code Section
551.071 regarding City of Corpus Christi v. Advisory Commission on
State Emergency Communications, No. 99-02304, 201,t District Court,
Travis County, Texas, with possible action related thereto in open
session.
3.b. Executive session pursuant to Texas Government Code, Section
551.071, regarding AT & T Cable television franchise negotiations
with possible action related thereto in open session.
3.c. Executive session pursuant to Texas Government Code Section
551.071 regarding Jon Harwood etal v. City of Corpus Christi, No. 00-
4149-G, 3191h District Court, Nueces County, Texas with possible
discussion and action related thereto in open session.
- 3.d. Executive Session pursuant to Texas Government Code Section
551.071 regarding Five Citizens of Corpus Christi v. City of Corpus
Christi et al No. 00-275-G, 3191h District court, Nueces County, Texas,
with pOSSible discussion and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
_ August 22, 2000
~age 3
H. APPROXIMATELY 2:00 P.M. - PUBLIC COMMENT FROM THE
AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA.
PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU
PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition or
other information pertaining to your subject, please present it to the City Secretary.)
Si usted se dirige a la junta y cree que su ingllls es Iimitado, habnl un int~rprete
ingllls-espaflol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING.
I. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are fisted as
motions, resolutions, or ordinances. If deemed appropriate, the City Council
wiff use a different method of adoption from the one fisted; may finally pass
an ordinance by adopting it as an emergency measure rather than a two
reading ordinance; or may modify the action specified. A motion to
reconsider may be made at this meeting of a vote at the last regular, or a
subsequent special meeting; such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
J.
CONSENT AGENDA
Notice to the PubHc
The following items are of a routine or administrative nature. The Council has been
furnished with background and support material on each item, and/or it has been
discussed at a previous meeting. All items will be acted upon by one vote without
being discussed separetely unless requested by a Council Member or a citizen, in
which event the item or items will immediately be withdrawn for individual
consideration in its normal sequence after the items not requiring separate
- discussion have been acted upon. The remaining items will be adopted by one
vote.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
-August 22,2000
'age 4
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration.)
4. Motion authorizing the City Manager or his designee to execute an
agreement to provide $75,000 from the FY2000 Community
Development Block Grant (CDBG) Program to Gulf Coast Council of
La Raza for improvements to the facility located at 2203 Baldwin
Boulevard. (Attachment # 4)
5.a. Motion approving the reimbursement application submitted by Mark
D. Stockseth, owner and developer of Lot 1, Block 1, Stockseth Tract,
for the installation of an off-site, over-depth sanitary sewer collection
line. (Attachment # 5)
5.b. Ordinance appropriating $101 ,929.71 in the No. 4220 Sanitary Sewer
Line Trust Fund to pay Mark D. Stockseth's reimbursement request
for installing an off-site, over-depth sanitary sewer collection line to
develop Lot 1, Block 1, Stockseth Tract. (Attachment # 5)
6.a. Motion authorizing the City Manager or his designee to accept a grant
in the amount of $10,000 from the State of Texas Comptroller of
Public Accounts for tobacco compliance and prevention activities.
(Attachment # 6)
6.b. Ordinance appropriating $10,000 in the No. 1050 Federal/State
Grants Fund from the State of Texas Comptroller of Public Accounts
for tobacco compliance and prevention activities. (Attachment # 6)
.
7.a. Motion authorizing the City Manager or his designee to execute an
contract with the Texas Department bf Protective and Regulatory
Services for funding in the amount of $500,000 from the Community
Youth Development Program for the 78415 Zip Code for projects as
recommended by the Community Youth Development Steering
Committee. (Attachment # 7)
.
7.b. Ordinance appropriating $500,000 from the Texas Department of
Protective and Regulatory Services in the No. 1060 Federal/State
Grants Fund to fund the Community Youth Development Program in
the 78415 zip code. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Agenda
Regular Council Meeting
- ';ugust 22, 2000
.)age 5
7.c. Motion authorizing the City Manager or his designee to execute a
subcontract with Communities in Schools, Inc. in the amount of
$333,355 to provide services for youth ages 6 to 17 in the 78415 zip
code. (Attachment # 7)
7.d. Motion authorizing the City Manager or his designee to execute a
subcontract wifu'jhe Housing Authority of Corpus Christi in the
amount of $23,758 to provide services for youth ages 17 years of age
and under in the 78415 zip code. (Attachment # 7)
7.e. Motion authorizing the City Manager or his designee to execute a
subcontract with the Park and Recreation Department in the amount
of $20, 141 to provide services for youth ages 6 to 17 in the 78415 zip
code. (Attachment # 7)
7.1. Motion authorizing the City Manager or his designee to execute a
subcontract with Youth Odyssey, Inc. in the amount of $33,215.00 to
provide services for youth ages 12 to 17 in the 78415 zip code.
(Attachment # 7)
8. Motion authorizing the City Manager or his designee to execute all
necessary documents for continued financial assistance through the
General Land Office for beach cleaning and life guarding on Padre
Island during FY 2000-01. (Attachment # 8)
9.a. Resolution accepting a $15,000 grant from Texas Department of
Transportation to develop a communication plan to promote
pedestrian safety and authorizing the City Manager or his designee
to execute all related documents. (Attachment # 9)
9.b. Ordinance appropriating $15,000 received from Texas Department of
Transportation in the No.1 050 Federal/State Grants Fund to develop
a communication plan to promote pedestrian safety. (Attachment #
9)
10.a. Motion authorizing the City Manager or his designee to accept a grant
from the Coastal Bend Regional Advisory Council in the amount of
$3,358.05 to be used to purchase computer equipmentforthe Corpus
Christi Fire Department's EMS Division. (Attachment # 10)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
-August 22, 2000
'age 6
10.b. Ordinance appropriating $3,358.05 from a grant from the Coastal
Bend Regional Advisory Council in the NO.1 050 Federal/State Grants
Fund to purchase computer equipment for EMS Department.
(Attachment # 10)
11.a. Motion authorizing the City Manager or his designee to accept a
renewal grant in the amount> of $196,866 and execute a contract with
the Corporation for National and Community Service for the
continuation of the Senior Companion Program. (Attachment # 11)
11.b. Ordinance appropriating $196,866 from a grant from the Corporation
for National and Community Service in the No. 1050 Federal/State
Grants Fund for the Senior Companion Program. (Attachment # 11)
- 12.a. Ordinance transferring $741,744 from the No.1 020 General Fund to
the No.1 050 Federal/State Grants Fund; appropriating $741,744 in
the No.1 050 Federal/State Grants Fund as matching funds for Senior
Community Service Programs. (Attachment # 12)
12.b. Ordinance appropriating $25,000 from the Senior Community
Services reserve funds as matching funding for Senior Community
Service Programs in the No. 1050 Federal State Grants Fund.
(Attachment # 12)
13.a. Motion authorizing the City Manager or his designee to execute
Attachments No. 02, 03, and 04 to Contract No. 7460005741-2001
with the Texas Department of Health in the amount of $162,823 for
tuberculosis prevention and control, $124,258 for immunization
services, and $117,975 for regional/local health operations.
(Attachment # 13) .
13.b. Ordinance appropriating a grant from th~ Texas Department of Health
in the amount of $405,056 in the No. 1050 Federal/State Grants
Fund; $162,823 for tuberculosis prevention and control; $124,258 for
immunization services; and $117,975 for regional/local health
operations. (Attachment # 13)
-14. Resolution supporting the application by Nueces County for funding
forthe restoration of the Historic Nueces County Courthouse from the
Texas Historic Courthouse Preservation Program. (Attachment # 14)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
_August 22,2000
~age 7
15. Ordinance authorizing the City Manager or his designee to execute a
Use Privilege Agreement with Williams Communications, Inc. dba
VYVX Inc., in Texas for the right to install, and maintain 30,7531.f. of
fiber optic communications cable in city street right-of-way (Cantwell
Drive, Sam Rankin Street, North Alameda, Savage Lane,
Carancahua, Up River Road, Palm Drive, Comanche Street, 19th
Street, Howard Street, Kinney, V\l~co, Blucher and North
Carancahua); establishing a fee of $30, i'53. (Attachment # 15)
16. Ordinance authorizing the City Manager or his designee to execute a
Use Privilege Agreement with the United States General Services
Administration forthe rightto construct, install and maintain enhanced
pedestrian walkways, retaining walls, landscaping, and architectural
lighting (in association with the new Federal Courthouse) in the street
right-of-ways of a portion of IH 37 and Shoreline for the consideration
of the General Services Administ~ation constructing, installing and
maintaining the improvements. (Attachment # 16)
17. Ordinance amending Ordinance No. 023395 by authorizing the City
Manager or his designee to extend until February 1, 2001, the 24-
month Use Privilege Agreement (authorized by Ordinance No.
023395) with Fulton Construction/Coastcon Corporation, a joint
venture, to use a portion of the bayfront improvements/lH 37 park
(Gateway Park) "Park Project" as a construction yard in conjunction
with its construction of the new U.S. Federal Courthouse, in
consideration of payment of $917 per month to the Unrestricted Park
Trust Fund and indemnifying excess park construction costs as set
out in the agreement. (Attachment # 17)
18. Ordinance approving the amount of $153,384.44 (from King's
Crossing Realty, Ltd.) as developer's contribution for in lieu ofthe half
street construction (with supporting public utility infrastructure) of
Strasbourg Drive and Loire Boulevard, as required by development of
King's Crossing Unit 13, Block 2, Lot 1; and establishing a City
interest-bearing account in the Infrastructure Trust Fund for the
deposit of developer's contribution; and restricting said monies for the
completion of "improvements" at the time of platting and development
of the properties directly adjacent to and abutting the secured
"improvement" opposite King's Crossing Unit 13, Block 2, Lot 1.
(Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
-August 22, 2000
'age 8
19. Ordinance approving $53,115.11 (from King's Crossing Realty, Ltd.)
as developer's contribution for in lieu of half street construction (with
supporting public utility infrastructure) of Strasbourg Drive, as required
by the development of King's Crossing Unit 13; and establishing a city
interest-bearing account in the Infrastructure Trust Fund for deposit
of developer's contribution; and restricting said monies for completion
of "improvements" at time of platting and development of properties
directly adja.:ent to and abutting the secured "improvement" opposite
King's Crossing Unit 13. (Attachment # 19)
20. Ordinance approving $51 ,653.70 (from Braselton Land Ventures,lnc.)
as developer's contribution for in lieu of half street construction of
Patti Drive (with supporting public utility infrastructure), as required by
development of The Village at Dunbarton Oak Unit 1; and establishing
a city interest-bearing account in the Infrastructure Trust Fund for
deposit of developer's contribution; and restricting said monies for
completion of "improvements. at time of platting and development of
properties directly adjacent to and abutting the secured
"improvements" opposite The Village at Dunbarton Oak Unit 1.
(Attachment # 20)
21. Motion setting a Public Hearing to be held September 26, 2000 on the
November 7, 2000 Economic Sales Tax Ballot Propositions.
(Attachment # 21)
22.a. Resolution authorizing the City Manager or his designee to accept the
Federal Aviation Administration Grant No. 3-48-0051-30-00 in the
amount of $504,000 for the purchase of a replacement ARFF Truck
with Extendible Elevated Waterway, Driver's Enhanced Vision System
(DEVS) and Personal Protective ClothiQg. (Attachment # 22)
22.b. Ordinance appropriating $504,000 from the Federal Aviation
.
Administration Grant No. 3-48-0051-30-00 in the No. 3020 Airport
Capital Improvement Fund to purchase of a replacementARFF Truck
with Extendible Elevated Waterway, Driver's Enhanced Vision System
(DEVS), and Personal Protective Clothing. (Attachment # 22)
- 23.a. Resolution authorizing the City Manager or his designee to accept
Federal Aviation Administration Grant No. 3-48-0051-29-00 in the
amount of $69,636 for the construction of airfield access road.
(Attachment # 23)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
-August 22, 2000
)age 9
23.b. Ordinance appropriating $69,636 from Federal Aviation Administration
Grant No. 3-48-0051-29-00 in the No. 3020 Airport Capital
Improvement Fund; appropriating $7,737 in the No. 461 0 Airport Fund
from Capital Reserves and transferring it to and appropriating it in the
No. 3020 Airport Capital Improvement Fund; for construction of
airfield access roads; amending Ordinance No. 024130, which
adopted the FY 00-01 Budget by adding $7,737 to the No. 4610
Airport Fund. (AttachllJent # 23)
24. Resolution authorizing the City Manager or his designee to accept
Federal Aviation Administration Grant No. 3-48-0051-31-00,
contingent upon receipt of the grant offer, in the amount of $800,000
for the Terminal Apron Improvements project. (Attachment # 24)
_ 25. Second Reading Ordinance - Authorizing the City Manager or his
designee to execute four separate five-year farm leases to Kocurek
Farms for utilization of 244.12 acres; T. M. and D. H. Bernsen Farms
for utilization of 336.78 acres; McDonough Farms for utilization of
359.45 acres; and Kelly Farms for utilization of 494.1 acres of land
located at Corpus Christi International Airport, with each lessee
paying a rental fee of $25 per acre per year. (First Reading 7/25/00)
(Attachment # 25)
26. Second Reading Ordinance - Amending the City of Corpus Christi,
Code of Ordinances by revising Chapter 15, Emergency
Management, regarding powers, duties and responsibilities of the
Office of Emergency Management; providing for the declaration of a
local state of disaster, and other emergency orders; providing for
Mayoral designation of certain emergency management officials,
providing for penalties. (First Reading 7/25/00) (Attachment # 26)
27. Second Reading Ordinance - Approvi51g the FY 2000-2001 Capital
Budget in the amount of $143,347,400. (First Reading 7/25/00)
(Attachment # 27)
K. PUBLIC HEARINGS: (NONE)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
_August 22, 2000
'age 10
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
.
Local Emergency Planning Committee Update
.
Review of Airport Terminal Construction Contract package
M.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
28. Motion authorizing the City Engineerto appoint an advisory committee
to develop and recommend plans to allow maximum minority/small
contractor and subcontractor participation in the various construction
projects. (Attachment # 28)
29.a. Master Ordinance establishing the General Airport Revenue Bond
Financing Program with respect to the Issuance of Obligations by the
City of Corpus Christi, Texas payable from General Airport Revenues.
(Attachment # 29)
29.b. First Ordinance supplementing the Master Ordinance authorizing the
issuance, sale, and delivery of City of Corpus Christi General Airport
Revenue Bonds, Series 2000A (exempt facility bonds); and approving
and authorizing instruments and procedures relating thereto.
(Attachment # 29)
29.c. Second Ordinance supplementing the Master Ordinance authorizing
. the issuance, sale, and delivery of City of Corpus Christi General
Airport Revenue Bonds, Series 2000B, and approving and authorizing
instruments and procedures relating thereto. (Attachment # 29)
29.d. Ordinance appropriating $13,01 O,OOO'trom the proceeds of the sale
of City of Corpus Christi General Airport Revenue Bonds, Series
2000A (exempt facility bonds) in the No. 3024 Airport 2000A Capital
Improvement Program Fund for the purpose of constructing,
improving, renovating, enlarging and equipping the Corpus Christi
International Airport. (Attachment # 29)
29.e. Ordinance appropriating $9,640,000 from the proceeds of sale of City
of Corpus Christi General Airport Revenue Bonds, Series 2000B in
CITY COUNCIL
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Agenda
Regular Council Meeting
_-August 22, 2000
)age 11
the No. 3025 Airport 2000B Capital Improvements Program Fund for
the purpose of constructing, improving, renovating, enlarging and
equipping the Corpus Christi International Airport. (Attachment # 29)
30.a. Ordinance appropriating $2,299,303 in Passenger Facility Charges in
the No. 4620 Passenger Facility Charges Fund for the Corpus Christi
International Airport Terminal Building. (Attachment # 30)
30.b. Motion authorizing the City Manager or his designee to execute a
construction contract with Fulton Construction/Coastcon, A Joint
Venture in the amount of $16,472,000 for the Corpus Christi
I nternational Airport Terminal Construction Project. (Attachment # 30)
31. First Reading Ordinance - Prescribing the taxes to be levied,
assessed and collected by the City of Corpus Christi, Texas for tax
year 2000 and for each succeeding year thereafter until otherwise
provided and ordained and such other years as the same may be
applicable. (Attachment # 31)
32. Resolution by the City Council of the City of Corpus Christi, Texas
directing publication of Notice of Intention to issue Combination Tax
and Revenue Certificates of Obligation, Series 2000, and resolving
other matters relating to the subject. (Attachment # 32)
33.a. Motion authorizing the City Manager or his designee to execute a
construction contract in the amount of $1,441,112.60 with Falcon
Environmental Specialities International, Inc. of Baton Rouge,
Louisiana for the J.C. Elliott Landfill- Final Cover System Installation
project. (Attachment # 33)
33.b. Motion authorizing the City Manager Or his designee to execute a
contract for quality control testing and preparation of the Final Cover
System Evaluation Report (FCSER) in the amount of $101 ,060 with
Trinity Engineering Testing Corporation of Corpus Christi, Texas for
the J.C. Elliott Landfill - Final Cover System Installation project.
(Attachment # 33)
- 34.a. Motion authorizing the City Manager or his designee to execute
Amendment No.2 to grant contract No. 582-0-31274 with the Texas
Natural Resource Conservation Commission which funds air quality
planning and research for $465,075. (Attachment # 34)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Agenda
Regular Council Meeting
-August 22, 2000
'age 12
34.b. Ordinance appropriating $465,075 from the Texas Natural Resource
Conservation Commission in the No.1 050 Federal/State Grants Fund
for air quality research and planning. (Attachment # 34)
34.c. Resolution authorizing the City Manager or his designee to execute
Amendment No.1 to Interlocal Cooperation Agreement with Texas A
& M University - Kingsville in the amount of $316,500 for air quality
research and planning program. (Attachment # 34) ,
34.d. Resolution authorizing the City Manager or his designee to execute
Amendment No.1 to Interlocal Cooperation Agreement with Texas A
& M University - Corpus Christi in the amount of $11 0,000 for pollution
prevention partnership and educational outreach program.
(Attachment # 34)
15.a. Motion authorizing the City Manager or his designee to purchase
property located at 2031 Agnes Street for the Corpus Christi Art
Foundation, Inc. dba South Texas Institute for the Arts to add a multi
use recreational area. The amount allocated for this purpose is
$15,000. (Attachment # 35)
35.b. First Reading Ordinance - Authorizing the City Manager or his
designee to execute the "First Amendment to the lease agreement"
with the Corpus Christi Art Foundation, Inc. dba South Texas Institute
for the Arts for the lease of two properties from the City for
consideration of one dollar per year for the purpose of developing a
youth activities park and to provide bus access to the Antonio E.
Garcia Education Center, and providing for the automatic renewal of
the lease term for an additional ten years. (Attachment # 35)
36.a. Motion authorizing the City Manager or'his designee to execute an
agreement with the Corpus Christi Downtown Management District
and Central Power and Light CompanY-for the construction of Phase
2B of proposed sidewalk area street lighting improvements in the
Downtown Business District at a cost not to exceed $130,000.
(Attachment # 36)
- 36. b. Ordinance appropriating $130,000 from the Corpus Christi Downtown
Management District in the No. 1020 General Fund - Street Lighting
Activity for Phase 2B of sidewalk/street lighting improvements in the
Downtown Business District; amending Ordinance No. 024130, which
CITY COUNCIL
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Agenda
Regular Council Meeting
_ August 22, 2000
')age 13
adopted the FY 00-01 budget, by adding $130,000 to the No. 1020
General Fund - Street Lighting Activity #12460-530210. (Attachment
# 36)
37.a. Motion authorizing the City Manager or his designee to execute a
reimbursement contract with the Coastal Bend Bays and Estuaries
Program for the following projects:
1) Ropes Park Extension Project in the amount of $50,00(,
2) Corpus Christi Beach Shoreline Stabilization - Habitat
Creation Project in the amount of $85,000
3) Ecotourism Project in the amount of $75,000
4) Bay Debris Removal Demonstration Project - End of
Pipe Collection System in the amount of $50,000
5) Outreach Campaign for Seagrass Protection, Storm
Water Pollution, and Bay Stewardship in the amount of
$50,000
37.b. Ordinance appropriating $50,000 from the Coastal Bend Bays and
Estuaries Program in the No. 1050 Federal/State Grants Fund for
Ropes Park Extension. (Attachment # 37)
37.c. Ordinance appropriating $85,000 from the Coastal Bend Bays and
Estuaries Program in the No. 1050 Federal/State Grants Fund for
Corpus Christi Beach Shoreline Stabilization-Habitat Creation Project.
(Attachment # 37)
37.d. Ordinance appropriating $75,000 from the Coastal Bend Bays and
Estuaries Program in the No.1 050 Federal/State Grants Fund for the
Ecotourism Project. (Attachment # 37)
37.e. Ordinance appropriating $50,000 from 'the Coastal Bend Bays and
Estuaries Program in the No.1 050 Federal/State Grants Fund for the
Bay Debris Removal Demonstration ptoject - End of Pipe Collection
System. (Attachment # 37)
37.1. Ordinance appropriating $50,000 from the Coastal Bend Bays and
Estuaries Program in the No. 1050 Federal/State Grants Fund for
Outreach Campaign for Seagrass Protection, Storm Water Pollution,
and Bay Stewardship. (Attachment # 37)
(RECESS REGULAR COUNCIL MEETING)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
_August 22, 2000
'age 14
N. ANNUAL MEETING OF ALL QUASI-CITY CORPORATIONS:
38. CORPUS CHRISTI HOUSING FINANCE CORPORATION
(Attachment # 381:
AGENDA
CORPUS CHRISTI HOUSING FINANCE CORPORA TION MEETING
Date: Tuesday, August 22, 2000
Time: During the meeting of the City Council beginning at
12:00 p.m.
Location: City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
1. President John Longoria calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Officers
John Longoria, Pres.
Mark Scott, Vice Pres.
Javier Colmenero
Melody Cooper
Henry GatTett
Dr. Amold Gonzales
Rex A. Kinnison
Betty Jean Longoria
Samuel L. Neal, Jr.
IN. Thomas Utter, Gen. Mgr.
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Vacant, Treasurer
Mike {"farty, Asst. Treasurer
.
3. Election of Officers.
4. Approve Minutes of the Meeting of February 8, 2000.
5. FmandalRepo~
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
- August 22, 2000
'age 15
6. General Manager's Report.
7. Approval of an agreement to administer a $2.5 million
Mortgage Credit Certificate program for the Coastal Bend
Housing Finance Corporation.
8. Public Comment.
9. Adjoumment.
39. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORA TION
(Attachment # 39):
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORA TION
Date: Tuesday, August 22, 2000
Time: During the meeting of the City Council beginning at 12
p.m.
Location: City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
1. President Betty Jean Longoria calls the meeting to order.
2 Secretary Armando Chapa calls roll.
Board of Directors
Officers
.
Betty Jean Longoria, Pres.
Rex Kinnison, Vice Pres.
Javier Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
John Longoria
Samuel L. Neal, Jr.
Mark Scott
W Thomas Utter, Gen. Mgr.
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Jorge Cruz-Aedo, Treasurer
Mike Harty, Asst. Treasurer
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
_August 22, 2000
~age 16
3. Approve Minutes of the Meeting of June 13, 2000.
4. Financial Report.
5. General Manager's Report.
6. . Authorizing the execution of an agreement amendment with
.Nueces County Community Action Agency (NCCAA) to provide
an additional $160,000 from the HOME Program for the
homebuyer grant program.
7. Authorizing execution of an agreement with TG-110 Inc. to
provide an additional $102,500 from the HOME Program for
rehabilitation of the Lexington Manor Apartments.
8. Authorizing the amendment of the agreement with the
Community Development Corporation (CDC) to increase the
Homebuyer Assistance Program to $15,000 and to extend the
program for two additional years.
9. Public Comment
10. Adjournment.
40. CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORA TION
(Attachment # 40):
AGENDA
CORPUS CHRIST/INDUSTRIAL DEVELOPMENT CORPORA TION
.
Date: Tuesday, August 22, 2000
.
Time: During the meeting of the City Council beginning at 12
p.m.
Location: City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
-August 22, 2000
'age 17
1. President Arnold Gonzales calfs meeting to order.
2. Secretary Armando Chapa calfs rolf.
Board of Directors
Officers
Arnold G.'i!nzales, Pres.
Henry Ganeti, Vice Pres.
Javier Colmenero
Melody Cooper
Rex Kinnison
Betty Jean Longoria
John Longoria
Samuel L. Neal, Jr.
Mark Scott
W Thomas Utter, Gen. Mgr.
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Jorge Cruz-Aedo, Treasurer
Mike Harty, Ass/. Treasurer
3. Election of Officers.
4. Approve Minutes of the Meeting of April 11, 2000.
5. FmandalRepo~
6. General Managers Report.
7.
Approval of Sale of the Kif/is-Almond Old Nueces
County Courthouse Study to Nueces County for
$50,000.
Approval of a $50,000 grant to Nueces County to
complementtheirefforts to preserve and restore the Old
Nueces County Courthouse.
a)
b)
8.
Public Comment.
.
9. Adjournment.
41. CORPUS CHRISTI HEALTH FACILITIES DEVELOPMENT
CORPORATION (Attachment # 41):
AGENDA
CORPUS CHRISTI HEAL TH FACILITIES DEVELOPMENT
CORPORA TION
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
_ August 22, 2000
';lage 18
Date:
Tuesday,August22,2000
Time:
During the meeting of the City Council beginning at 12
p.m.
Location:
City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
1. President Javier Colmenero calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Javier Colmenero, Pres.
Mark Scott, Vice Pres.
Melody Cooper
Henry Garrett
Dr. Amold Gonzales
Rex Kinnison
Betty Jean Longoria
John Longoria
Samuel L. Neal, Jr.
Officers
Ii1I. Thomas Utter, Gen. Mgr.
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Vacant, Treasurer
Mike Harty, Asst. Treasurer
3. Election of Officers
4. Approve Minutes of the Meeting of July 27, 1999.
.
5. FmandalRepo~
.
6. Consideration of Dissolution of Corporation.
7. Public Comment.
8. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
_August 22, 2000
~age 19
O. REPORTS:
The foffowing reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff;
reports of activities of individual Council members and Staff; constituent
concems; current topics raised by media; foffow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters,
42. CITY MANAGER'S REPORT
.
Upcoming Items
43. MAYOR'S UPDATE
- 44. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 1201 Leopard Street, at 3:15 p.m., Auaust 18.2000.
~e-
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can pe found on the City's Home
Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORIi'Y ISSUES
(Refe, to legend at the end of the
agenda summary)
City Council
Priority Issues
. Improvement in Delivery of Basic Services - Trash, Brush & Debris
~ Improvement in Delivery of Basic Services - Street & Road Maintenance
fA. Improvement in Delivery of Basic Services - Park Maintenance
a Improvement in Delivery of Basic Service.:; - Animal Control
'iiillflfil'
jjjii Improvement in Delivery of Basic Services - Quality Water
,
at.
Improvement in Delivery of Basic Services - Lighting
Expansion of the Bayfront Plaza Convention Center
L" Capital Improvements Bond Issue
--- Successful Implementation of Crime Control District Objectives
- -
M~ Community Oriented Policing
$ Economic Development Plan
.
I.. Storm Water Utility/Drainage .
1+1- Completion of Airport Improvements
'-
~ Assessment of Street Needs (Planned Street Program)
N Northside Plan
I I
L_J
,. Additional Golf Course
It Youth Crime Initiatives
e Environmental Compliance
I\) CDSG Funding Assessment
$ill Privatizing Services
~ Improvement of Citizen Response System
I Creation of a "Development Center"
iJ...\ Residential Communities Involved in Park Development
IJ:I Bayfront Development Plan
.
.
1
2
a. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT - Eight (8)
nominees for four-year terms. Members must be one of the following: 1) resident of the
district; (2) an owner of property within the district; 3) an owner of stock or corporate
owner of property in the district; 4) an agent, employee or tenant of one of the above; or
5) an owner of a beneficial interest in a trust that owns property in the district. (Members
are chosen through the recommendation of the board and approval of the City
Council)
COMPOSITION
The board is composed of at least nine but not more than thirty directors, serving four-
year terms staggered terms on a two-year basis. A director must be one of the following:
1) a resident of the district, 2) an owner of property in the district, 3) an owner of stock,
whether beneficial or otherwise, of a corporate owner of property in the district, 4) an
owner of a beneficial interest in a trust that owns property in the district, or 5) an agent,
employee or tenant of one of the above. Succeeding directors are chosen through the
recommendation of the board and the approval of the City Council.
BOARD MEMBRR
TERM
-
Gordon E. Landreth (PO)
* William Harwood, (PO)
Ken Griffin (A/EIf)
Dottie Clower (AlEfI')
Manuel Ugues (AlEfI')
Richard King, III (AlEfI')
** H. T. Patterson (PO)
Diane DeCou (PO)
Robert Racusin (PO)
** Willard Hammonds, Sr., Vice-Chair
Ted Stephens, Treasurer (PO)
Charles W. Thomasson (PO)
* Joe Adame (AlEfI')
** Buz Maxwell (PO)
.. Charles White (AlErT)
George Placke (AlEfI'), Chair
** Erik Ward (AlEfI')
Bert Quintanilla (PO)
12-02
6-00
6-01
6-02
11-01
6-02
8-00
8-02
8-02
8-00
6-02
8-02
6-02
6-00
6-00
6-02
7-00
8-01
* Resigned
** Seeking reappointment
R
PO
so
NEfr
Resident of District
Owner of Property within the District
Owner of Stock or Corporate owner of Property within the District
Agent, Employee or Tenant of one of the above
8/22/00, page 1
43
NOTE: The board of directors of the Corpus Christi Downtown Management District has
nominated the following individuals for appointment: Wes Hoskins (PO), Wayne Lundquist
(AIE/T), Jennifer Quick (PO) and Mark Adame (AIE/T). The board is also renominating
Ernest "Bu1." Maxwell, H. T. "Buster" Patterson, Willard Hammonds, Sr., and Erik Lee
Wardfor appointment.
ATTENDANCE RATE OF MEMBER INTERESTED IN REAPPOINTMENT
NAME
NO. OF MTGS.
TmS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Ernest "Buz" Maxwell
H. T. "Buster" Patterson
Willard Hammonds, Sr.
Erik Lee Ward
11
11
9
11
9 (I excused ab.)
7 (3 excused ab.)
6 (2 excused ab.)
5 (4 excused ab.)
82%
64%
67%
45%
OTHER INDIVIDUALS EXPRESSING INTEREST
Mark Adame
Realtor, Adame and Associates. Represents Joe Adame.
(Qualifies - Agent of Property Owner) (8/8/00)
Mody Boatright
Engineer. Holds a Bachelor's of Science degree in Engineering
and a Master's degree in Automotive Engineering. Named
Engineer of the Year in 1988. (12/27/99)
Wes Hoskins
President, First Community Bank. (8/8/00)
Wayne Lundquist
Realtor, Cobb Lundquist. Represents TRT Holdings. (Qualifies
- Agent of Property Owner) (8/8/00)
Jennifer Quick
Owner, Wahoo's Cajun Restaurant. (Qualifies - Property
Owner) (8/08/00)
Tom Schmid
Director of Texas State Aquarium. B.S. in Biology, M.S. in
Biological Sciences. Graduate of Leadership Corpus Christi.
Member of the Rotary Club. (1/20/00)
Russell Brent Stowers
Director, Physical Therapy Assistant Program at Del Mar College.
M.S. in Educational Technology, B.S. in Community Health, and
A. A. S. in Physical Therapy. Member of Board of Directors
Texas Physical Therapy Association, graduate of Leadership
Corpus Christi, Class 28. (5/26/00)
John Wright
Architect. A.A.S. in Architectura1 Technology and Bachelor's
degree in Environmental Design. Active with the Management
District and Nueces County Dispute Resolution Center. (12/21/99)
8/22/00, page 2
44
b. CABLE COMMUNICATIONS COMMISSION - Two vacancies with three-year
terms to 7-27-03.
COMPOSITION
It shall consist of five residents of the City of Corpus Christi appointed by the City
Council. No person or employee with ownership interest in a cable communications
franchise granted by the city shall be eligible for membership on the commission. Each
commission member shall be at the time of appointment, or shall become within thirty
days after appointment or the availability of cable service, a subscriber to a cable
communications system holding a franchise in the city. The commission shall select
from its membership a chairperson and a vice-chairperson whose terms shall be one year.
MEMBERS
TERM
ORIGINAL
APPTD. DATE
Mary Beth Nelson
* Hector T. Morales
** Cefe Valenzuela
Norma Torres
Charles A. Spencer
7-27-01
7-27-00
7-27-00
7-27-02
7-27-02
7-11-95
5-11-99
7-08-97
2-17-98
7-13-99
* Seeking reappointment
** Not seeking reappointment
ATTENDANCE RATE OF MEMBER INTERESTED IN REAPPOINTMENT
NAME
NO. OF MTGS.
TInS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Hector Morales
7
6
86%
OTHER INDIVIDUALS EXPRESSING INTEREST
Ronald B. Wheaton
President, BMW Engineering, Inc. B.S. from Michigan State
University in Mechanical Engineering. Licensed by the Texas
State Board of Professional Engineers. (4/19/00)
Lawrence H. Wilk, M.D.
Orthopaedic Surgeon. B.S. in Psychology, University of
Michigan; M.D., Orthopaedic Residency. Currently serving on
Coastal Bend Health Facilities Development Corporation. (2/4/00)
Joel Yowell
Retired - 42 years experience in radio/television. B. A. Abilene
Christian University. (5/6/00)
8/22/00, page 3
45
c. PARK AND RECREATION ADVISORY COMMITTEE - F:-.~ (5) vacancies with
two-year terms to 8-23-02.
COMPOSITION
11 members appointed by the City Council, who are residents of the City and serve
without compensation for a two-year term beginning August 23, or until their successor is
appointed. The Board elects its Chairman.
MEMBERS
TERM
ORIGINAL
APPTD. DATE
Anne Baker
* Marvin Spears
Joe Ochoa
* Sandra Billish
Mae Milligan
Billy Olivarez
Gerardo Alvarez
* Robert Tamez
** Robert Gross
* Victor Menard, Chairman
John E. Dunn
8-23-01
8-23 -00
8-23-01
8-23-00
8-23-01
8-23-01
8-23-01
8-23-00
8-23-00
8-23-00
8-23-01
9-14-99
8-13-96
6-9-98
9-14-99
8-11-98
3-25-97
1-26-99
6-28-99
11-01-94
8-13-96
11-14-95
* Seeking reappointment
** Has met the six-year service limitation and is ineligible for reappointment
ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT
NAME
NO. OF MTGS.
TillS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Marvin Spears
Sandra Billish
Robert Tamez
Vie Menard
12
11
12
12
11
10
9
11
92%
90%
75%
92%
OTHER INDIVIDUALS EXPRESSING INTEREST
Rome Gregorio
Owner/President, Bay Area Athletic Club. B.S. in Kinesiology.
Board member of Northwest Business Association, International
Health and Racquet Sports Club Association. National speaker for
Health and Fitness industry. (8/15/00)
Richard Johnson
Computer Specialist, CCAD. B.S. in Education. Certified by the
Department of Justice as an American Disabilities Act (ADA)
consultant. Member of Mayor's Committee for Persons with
Disabilities. (3-07-00)
8/22/00, page 4
46
Linda Lindsey
Rev. Mark Stewart
Russell Brent Stowers
Colin Sykes
Raul Torres
8/22/00, page 5
Teacher/Coach for Carroll High School, B.S. from Texas
Tech and M.S. from Texas A&M - Corpus Christi,
Member of Texas High School Girls Coach Association,
Board of Directors for Second Baptist Church, and a
Sunday School Teacher. (7-28-98)
Pastor, Rising Star Baptist Church. Member of the Adelante
Juntos Advisory Committee. (1-07-00))
Director, Physical Therapy Assistant Program at Del Mar College.
M.S. in Educational Technology, B.S. in Community Health, and
A. A. S. in Physical Therapy. Member of Board of Directors
Texas Physical Therapy Association, graduate of Leadership
Corpus Christi, Class 28. (5/26/00)
Retired. B.S. in Chemical Engineer from University of
Birmingham, England; MBA from Rider University. Member of
the Texas Jazz Festival Society. (6-23-97)
Personnel Director, Nueces County Community Action
Agency. B.B.A. and M.B.A., Texas A&M University - CC.
Member of Texas Society of CPA's and American
Management Association. (6-23-97)
47
3
NO ATTACHMENT FOR THIS ITEM
49
4
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 22, 2000
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute an agreement to provide
$75,000 from the FY2000 Community Development Block Grant (CDBG) Program to Gulf
Coast Council of La Razs for improvements to the facility located at 2203 Baldwin Blvd.
ISSUE: Execution of a subrecipient agreement with nonprofit organization(s) who were
awarded FY2000 CDBG Funds.
PRIOR: On May 9, 2000, the City Council adopted its FY2000 Consolidated Annual Action
Plan for Community Planning and Development Programs totaling $8,056,562 that includes
$6,093,562 for the CDBG Program (M2000-139).
REQUIRED COUNCIL ACTION: That the City Manager or his designee be authorized to
execute a CDBG Agreement with the Gulf Coast Council of La Raza.
FUNDING: FY2000 CDBG. The effective funding date for the grant is August 1, 2000.
RECOMMENDATION: That the City Manager or his designee be authorized to execute a
FY2000 CDBG Agreement with the Gulf Coast Council of La Raza.
IMPLEMENTATION SCHEDULE' Soo 'ttaohod ,g"",~ ~
W. Thomas Utter
Assistant City Manager
ADDITIONAL SUPPORT MATERIAL
Background Information [lI
Contract Summary [lI
2
51
AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND: On May 9, 2000, the City Council adopted its FY2000 Consolidated
Annual Action Plan for Community Planning and Development Programs totaling
$8,056,562 that includes $6,093,562 for the CDBG Program (M2000-139). Subsequently,
Subrecipient Agreements with nonprofit agencies, as part of the FY2000 program funding,
were forwarded on July 25, 2000, with the exception of Gulf Coast Council of La Raza.
52 3
Gulf Coast Council of La Raza CDBG Agreement Summary
I.
ALLOCATION:
$ 75,000 - FY2000 CDBG
II.
BUDGET:
Architectural/Professional Fees
New Construction
Total Budget
Total
$ 6,500
68.500
$ 75,000
III. SCOPE OF PROJECT: Improvements to the facility located at 2203 Baldwin
Blvd.
IV. USE OF FACILITIES: Program services for at-risk youths.
V. CONSTRUCTION COMPLETION: July 2001
VI. SUBRECIPIENTS RESPONSIBILITY:
a. Provide access to all documents, records related to project
b. Furnish all maintenance to facilities
c. Acquire and maintain the following insurance coverages:
- Commercial General Liability Insurance for bodily injury, and property
damage in the minimum amount of $500,000 Combined Single Limit or
$250,000 perperson/$500,OOO per occurrence for bodily injury and $1 00,000
for property damage. The Commercial General Liability policy must name
the City as an Additional Insured.
"Fire and extended coverage in the amount sufficient to cover replacement
cost of the Facilities.
e. Comply with local, state and federal requirements
f. Provide any additional funds needed forthe completion ofthe improvements
VII. TERM: One year, however, Subrecipient will be bound by all covenants, terms
and conditions for a six-year period commencing on the date of execution.
VIII. CHANGES AND AMENDMENTS: Modifications which do not change the essential
. scope and purpose of the agreement may be approved by the City Manager.
IX. TERMINATION: In the event that Subrecipient does not meet one of the national
objectives of the CDSG program, then Subrecipientwill reimburse all CDSG funds
not meeting national objectives to the City.
r---
4
53
5
AGENDA MEMORANDUM
July 26, 2000
AGENDA ITEM:
a. Motion approving the reimbursement application submitted by Mark D. Stockseth,
owner and developer of Lot 1, Block 1, Stockseth Tract, for the installation of an off-site,
over-depth sanitary sewer collection line; and
b. Ordinance appropriating $101,929.71 from the No. 4220-250420 Sanitary Sewer Trust
Fund to pay Mark D. Stockseth's reimbursement request for installing an off-site, over-
depth sanitary sewer collection line to develop Lot 1, Block 1, Stockseth Tract; and
and declaring an emergency..
ISSUE: Mark D. Stockseth, owner and developer of Lot 1, Block 1, Stockseth Tract, has
completed construction of public improvements required to plat and is requesting
reimbursement of the installation of a sanitary sewer collection line in accordance with the
Platting Ordinance.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as
presented.
. ~4--- 8J~pJ
"Pf)
el R. Escobar, P.E.
Director of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Background Information
Location Map
Reimbursement Application
55
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The platting and development of Lot 1, Block 1, Stockseth Tract, required
the off-site installation of sanitary sewer line, extending 2066 linear feet (1946 feet lO-inch
dia. and 120 feet 8-inch dia.) from an existing manhole at the junction of Leopard Street
and Main Street to the development (see Exhibit B, Location Map). At the request of the
City, the developer installed 810.32 feet of the lO-inch line at over-depth standards
(increased depths from an originally required range of 10' to 14' cuts to deeper cuts ranging
from 10' to 24') to provide for future extension to serve areas north between Bearden Drive
and Interstate Highway (I.H.) 37 and areas east off Leopard Street. Four of eight manholes
had to be constructed to the greater depths.
The off-site sanitary sewer construction cost without over-depth is $125,682.00. In
accordance with the reimbursement criteria in the Platting Ordinance, the 13.646 acre
development is eligible for a maximum reimbursement of $61 ,611.68 for the installation of
the line without over-depth. Provisions of the Platting Ordinance allow that the developer
be credited for reimbursement up to this amount as well the cost of all over-depth
considerations beyond his needs, upon the submittal of an application for credit and
approval by the Director of Engineering Services. An acreage fee credit of $12,742.00 has
been granted. Because the acreage fee was not paid at the time of platting, the developer
is due the maximum allowable reimbursement of $61,611.68 minus the acreage fee of
$12,472.00 which was not paid plus the over-depth construction cost of $52,790.03, for a
total of $101,929.71 (see Exhibit C, Reimbursement Application).
CITY ACCEPTANCE: All work is complete, and the sanitary sewer line improvements have
been inspected and accepted by the City for operation and maintenance.
II Exhibit A II
Page 1 of 1
-,
56
'j))j)>~
Z--c==-
MAIN DR.
/ EXISTING 1 O~ GRAVITY SANITARY
;( SEWER 23' DEEP
I
STA. 8+ 1032
SUNTlDE RD.
OFFSITE
SANITARY SEWER
2066 LF
10" QVERDEPTH
RHEW RD.
STA. 19+46
8"
STA. 20+66
RHEW RD.
2:
w
'"
'"
<l:
W
'" 0
'SITE'
03.646 AC.)
I
HUNTER RD.
)
~ C
/
~~
SANITARY SEWER LINE DATA
STATION
PIPE DIA.
LENGTH (FT)
0+00 TO 19+46
19+46 TO 20+66
10"
8"
1946*
120
TOTAL 2066
*NOTE: 810.32' (STA. 0+00 TO 8+ 1 0.32) OF 1946'
INSTALLED OVERDEPTH
COMP. NO., 98053\EXHIBIT.DWG
PLOT SCALE, ," = 600.
PLOT DATE, 08/ '1 /00
LOT 1, BLOCK 1, STOCKSETH TRACT
WASTEWATER COLLECTION LINE
REIMBURSEMENT
LOCATION MAP
SCALE: 1" = 600'
EPT. OF ENGINEERING SERVICES SHEET 1 OF
EXHIBIT 'B'
APPLICATION FOR SEWERLlNE REIMBURSEMENT
We, Grand Slam. LLP.. owner and developer of Lot 1. Block 1. Stockseth Tract. hereby
request reimbursement in the amount of $101.929.71 for the installation of the sanitary sewer
collection line including overdepth cost, in conjunction with said Lot 1, Block 1, Stockseth Tract,
as provided for by the City Ordinance No. 17396. Said $101.929.71 is the construction cost,
including 7.5% Engineering, in excess of the lot/acreage fee, as shown by the cost supporting
documents attached herewith, subject to the maximum amount reimbursable formula in the
Platting Ordinance.
fVtte~
4~r I~ fZ(HrO
(Date)
THE STATE OF TEXAS !i
COUNTY OF NUECES !i
This instrument was acknowledged before me on (f1J(J / I ,~bY_
rnr7.Jl:i{ ,5 W5 eJ..h . Owner and Developer of Lot 1. Block 1. Stockseth Tract
CERTIFICATION
The. information submitted with this application for reimbursement has been reviewed and
determined to be correct Reimbursement is subjact to:
sufficiency of funds in the Collection Une Trust Fund
appropriation and approval by the City Council.
. ~~/~
~c/tY
(bate)
or of Engineering
(City Engineering)
~
98053....frm
Exhibit C
Page 1 of5
58
APPLICATION FOR SEWERLlNE CREDIT
We, Grand Slam. L.L.P., owner and developer of Lot 1. Block 1, Stockseth Tract, hereby
apply for $12,472.00 credit towards the sanitary sewer lot/acreage fee for the sanitary sewer
collection line extension installed in conjunction with said tract as provided for by City Ordinance
No. 17396. $ 187,898.17 is the construction cost including overdepth cost and a 7%%
Engineering fee, as shown by the cost supporting documents attached herewith.
t1l?Jd,l
fl~7 Itr 2-tmJ
(Date
THE STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on ~()s+ H
md V k D. 5'+OCt5e+~ .
p.
, IOOD. by
tate of Texas
The information submitted with this application has been reviewed and determined to be
correct and a credit of $ 12.472.00 is herewith approved.
~
~~
gj"! Ihl
(Date)
9B053oc.frm
Exhibit C
Page 2 of5
59
REIMBURSEMENT APPLICATION AND SUPPORTING DATA
OFF-SITE WASTEWATER COLLECTION LINE
AuguatS,2000
98053REM.APP(sgs)
Legal Description:
Acreege:
Fee Value:
Reference:
Lot 1, Block 1, Stockseth Tract
13.646
$12,472.00
Platting Ordinance - Sanitary Sewer [CoUection Line Extension, V.B.6.f.(2)]
A. Maxtmum Reimbursement Eligibility
1.
50% (avg pipe _ in inches) (Fee Value) _
50% (9.88')($12.472.00)-
less Sewer AcIeege Fee(ree not peld at time of plalllng)
Total
$81,S11.88
12.472.00
$49,139.88
2.
B. Reimbursement Requested
Total Requested
$49,139.68
52.790.03
$101,929.71
1.
2.
MaxiI1'l\.lTl reimbursement eligibility
Plus over-depth consideration beyond deulope(a needs (see -e- below)
C. ConstNction Contract Costs, Off-site Sanitary Sewer with Over-depth
13. FG Manhole 20'.22' DGpth
EA
UNIT PRICE TOTAL COST
$llO.OO $4,500.00
80.00 14,000.00
70.00 37,450.00
SO.OO 7,000.00
40.00 6,000.00
28.00 14.000.00
24.00 7,200.00
28.00 1,400.00
21.00 966.00
19.00 1,368.00
15.00 720.00
4,500.00 4,500.00
4,500.00 4,500.00
3,650.00 7,300.00
2.7SO'00 2.750.00
2.100.00 4,200.00
11. S' PVC Pipe 4'-6' Cut
aUANTf'rfNNIT
SO LF
175 LF
535 LF
140 LF
150 LF
500 LF
300 LF
50 LF
4B LF
72 LF
4B LF
ITEM # DESCRIPTION
1. 10' PVC P'1p8 22'.24' Cut
2. 10' PVC PIpe 20'.22' Cut
3. 10' PVC Pipe 18'.20' Cut
4. 10' PVC Pipe 1Z-14' Cut
5. 10' PVC Pipe 10'.12' Cut
6. 10' PVC Pip" 6'.10' Cut
7. 10' PVC Pipe 6"-8' Cut
S. 10' PVC Pipe Thill Casing
9. S' PVC Pipe 4'-6' CUt
10. S' PVC Pipe 6'-8' Cut
12. FG Manhole 22'.24' Depth
, EA
15. Fa Menhole 10'.1Z DGpth
2 EA
EA
14. FG Manhole 1S'.2O' Depth
16. Fa Manhole 6'-8' Depth
2 EA
60
Exhibit C
PageJof5
17. FG Manhole 4'-6' Depth EA 1.600.00 1.600.00
18. 10' Drop C_ et Manhole A-4 8.0 LF 87.50 700.00
19. Pawment Petd1Ing 180 SY 45.00 8,100.00
20. Exploratory EJa:avallons LS 3,500.00 3,500.00
21. ClUShed Slone Embedmenl lor
10'SewerPIpe 7llO LF 9.50 7.220.00
22. TreIftc COnbol During ConstrucIIon LS 4,750.00 4,750.00
23. T_ serety For EJeavettons 2088 LF 2.50 5,185.00
24. Steel CIlSIng PIpe 22'-24' Deep 50 LF 395.00 19.750.00
Tote! $168.639.00
D.
Construction Contract Cost, Off-site Sanitary Sewer without Over-depth
(Dellllled cosl ItsmIzaUon In Subdivision Ale)
$125,682.00
E. Over-depth/Other Reimbursement Coats
SUblotel
COnsulting Fee (7.5%)
_ Tobll
$42.957.00
:l,5Oo.00
2.650.00
$49.107.00
3.683.03
$12,790.03
1. OWr-deplh costs (Totel 01 C minus D)
2. Sll% SIlp.lJne Elcisting Manhol.. et IeopIUd and MlIin (CIty fund 50%)
3. Sll% Aqu.lmenl of _ Une. SUntid.. Ad. "., _ Drive (Clly funda 50%)
Exhibit C
Page 4 01'5
61
LOT 1, BLOCK 1, STOCKSETH THACT
PROPOSAL ITEMS
OFf SITE SANrrARY SEWER
August S, 2000
98053PRP.FRM(sgs)
OIfsite Sanftarv Sewer without Overdepth
ITEM # DESCRIPTION aUANTlTYIUNIT UNIT PRICE TOTAL COST
1. 10' PVC Pipe 14'-16' CUt 200 LF $50.00 $10,000.00
2. 10' PVC Pipe 12'-14' CUt 450 LF 40.00 IS,ooo.oo
3. 10' PVC Pipe 10"-12' CUt 400 LF 35.00 14,000.00
4. 10' PVC Pipe S'-10' CUt 500 LF 28.00 14,000.00
5. 10' PVC Pipe 6'-8' CUt 300 LF 24.00 7,200.00
6. 10' PVC Pipe 4'06 CUt 46 LF 21.00 966.00
7. 10' PVC Pipe Thru Cuing 50 LF 28.00 1.400.00
S. S' PVC Pipe 6'-6' cut 72 LF 19.00 1.368.00
9. S' PVC Pipe 4'.1)' Cut 46 LF 15.00 720.00
10. FG Manhole 14'-16' Depth 2 EA 3,150.00 6,300.00
11. FG Manhole 12'-14' Depth 2 EA 2,900.00 5,800.00
12. FG Manhole 10"-12' Depth 1 EA 2,750.00 2,750.00
13. FG Manhole 6'-8' Depth 2 EA 2,100.00 4,200.00
14. FG Manhole 4'.1)' Depth 1 EA 1,600.00 1,600.00
15. Pavement Patd11ng 180 SY 45.00 S,1OO.OO
16. Exploratory Excavations LS 3,500.00 3,500.00
17. Trench 5aIety for Excevellons 2.016 LF 1.75 3,528.00
1S. Traffic Control During Construction LS 4,750.00 4,750.00
19. 16' Steel Casin9 Pipe 14'-16' Deep 50 LF 350.00 17 .500.00
ToteI $125,682.00
Exhibit C
Page5of5
62
ORDINANCE
APPROPRIATING $101,929.71 IN THE NO. 4220 SANITARY SEWER LINE
TRUST FUND TO PAY MARK D. STOCKSETH'S REIMBURSEMENT
REQUEST FOR INSTALLING AN OFF-SITE, OVER-DEPTH SANITARY
SEWER COLLECTION LINE TO DEVELOP LOT 1, BLOCK 1,
STOCKSETH TRACT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $101,929.71 is appropriated in the No. 4220 Sanitary Sewer Line Trust
Fund to pay Mark D. Stockseth's reimbursement request for installing an off-site, over-depth
sanitary sewer colleciion line to develop Lot 1, Block 1, Stockseth Tract.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached. the City Council (1) fmds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administraiion of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meeiings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the _ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED A..,'tf<.-:>t \ (, ,2000; JAMES R. BRAY, JR., CITY ATTORNEY
By:
, .
V J
,^_ V?-&- ~/v,,_e.t'~
Lisa Aguilar, 'ssistant City Attorney
H:\LEG-OIR\ VERONIC^\LISA\ORD~\ORD2.lq I
63
6
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 9. 2000
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of$10,000
from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention
activities.
B. Ordinance appropriating $10,000 in the No. 1050 Federal/State Grants fund from the State of
Texas Comptroller of Public Accounts for tobacco compliance and prevention activities; and
declaring an emergency.
ISSUE: The State has funding available to encourage compliance and enforce regulations governing
the sale, distribution, and use of cigarettes and tobacco products as mandated by Senate Bill 55. This
block grant is available to help defray some of the costs associated with enforcement of tobacco
regulations.
BACKGROUND INFORMATION: For the second year, the Comptroller's office is providing
funding to local law enforcement agencies to encourage compliance and enforce regulations
governing the sale, distribution, and use of cigarettes and tobacco products as mandated by Senate
Bill 55. Block grant funds were authorized to help agencies defray some of the costs associated with
enforcement of tobacco regulations. The funds will be used for the following compliance activities:
. On-site compliance inspections of cigarette or tobacco permitted retail outlets that may
result in the issuance of citations using minors as decoys ("stings")
. On-site compliance inspections that may result in the issuance of citations without using
minors as decoys, i.e. violations for signs not posted, lack of proper certification)
. Compliance education for retailers or school age children
. Required reporting to the Comptrollers office
Officers on an overtime basis will conduct these activities. During the first year of operations, the
Police Department conducted over 100 compliance inspections and issued 98 violations.
FUNDING: There is no match required by the City.
REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating funds.
RECOMMENDATION: Staff recommends acceptance of the grant award.
q>i~~ ~~
Chief of Police
AoomONAL SUPPORT MATERIAL
Award Letter x
Grant acceptance agreement and compliance standards x
65
~ ~l\E co~
lJij' ~
~ 'f
'l>
... l'ExA.S ...
CAROLE KEIITON RVLANDER
Comptroller
COMPTROLLER OF PUBLIC ACCOUNTS
P.O. BOX 13528
AUSTIN, TX 78711-3528
August 3, 2000
Mr. Pat Eldridge
Corpus Christi Police Department
Post Office Box 90 16
Corpus Christi, Texas 78469
Dear Mr. Eldridge:
Congratulations! Your departmeDt has been awarded a Tobacco Compliance grant in the amount of $10,000 under
the provisions of the Tex. Health & Safety Code Ann. Sec. 161.088(b) (Vernon's Supp. 1999), for fiscal year 2001
beginniDg September 1, 2000.
Enclosed you will find the "Grant Acceptance Agreement and Compliance Standards" form. To accept your grant
award, please have an authorized official of your law enforcement agency sigu and return the agreement to the
following address by September 4, 2000.
Texas Comptroller of Public Accounts
Attention: Aurora Servantes
Post Office Box 12010
Austin, Texas 78711-2010
If we do not hear from you, your grant application will be rejected. In addition, each grantee must begin
implementation of the grant provisions within 30 days after attending a technical assistance workshop. Any
exception to this requirement will require review and written approval by the Comptroller or the Comptroller's
designee. Please keep a copy of the Grant Acceptance Agreement for your files.
As a condition of receiving this grant, your officers are required to complete the ''Texas CigaretteITobacco Inspection
Report" when making tobacco compliance inspections. A copy of the report form will be distributed in technical
assistance workshops presented by the Statewide Tobacco Education Program (STEP). These inspection reports are
due on the 10th day of the month following each month that compliance activities are performed. Because STEP will
be providing technical and other assistance to you as a Tobacco Compliance grantee, we ask that you send your
monthly inspection reports to:
Statewide Tobacco Education and Prevention
1700A Ranch Road 12, Suite 218
San Marcos, Texas 78666-4610
Attendance at a technical assistance workshop is mandatory. STEP will mail information to grantees regarding the
scheduling of these workshops.
If you have any questions regarding this letter, please contact STEP at 1-888-783-7123. Thanks for all that you do
for Texas.
Sincerely,
Carole Keeton Rylander
Texas Comptroller of Public Accounts
-,
Enclosures
c: Aurora Servantes
66
-
ORDINANCE
APPROPRIATING $10,000 IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FROM THE STATE OF TEXAS COMPTROLLER OF PUBLIC
ACCOUNTS FOR TOBACCO COMPLIANCE AND PREVENTION
ACTIVITIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $10,000 from the State of Texas Comptroller of Public Accounts is
appropriated in the No. 1050 Federal/State Grants Fund for tobacco compliance and prevention
activities.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached. the City Council (I) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voti....lg upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the _ day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED _-nv:';t)-\ \ l, ,2000; JAMES R. BRAY, JR., CITY ATTORNEY
By:
':i. ~ i_ -l/v'
/''l_ k' .
Lisa Aguilar.' ssistant City Attorney
H:\LEG-D1R\ VERONIC A\LISA',ORD2\ORD2.1Q]
67
7
CITY COUNCIL
AGENDA MEMORANDUM
August 22, 2000
AGENDA ITEM:
A. Motion authorizing the City Manager, or his designee, to execute a contract with the
Texas Department of Protective and Regulatory Services for funding in the amount of
$500,000 from the Community Youth Development Program for the 78415 zip code for
projects as recommended by the Community Youth Development Steering Committee.
B. Ordinance appropriating $500,000 from the Texas Department of Protective and
Regulatory Services in the No. 1060 FederaVState Grants Fund to fund the Community
Youth Development Program in the 78415 zip code and declaring an emergency.
C. Motion authorizing the City Manager, or his designee, to execute a subcontract with
Communities In Schools, Inc. in the amount of $333,355.00 to provide services for youth
ages 6 to 17 in the 78415 zip code.
D. Motion authorizing the City Manager, or his designee, to execute a subcontract with the
Housing Authority of Corpus Christi in the amount of $23,758.00 to provide services for
youth 17 years of age and under in the 78415 zip code.
E. Motion authorizing the City Manager, or his designee, to execute a subcontract with the
Park and Recreation Department in the amount of $20,141.00 to provide services for
youth ages 6 to 17 in the 78415 zip code.
F. Motion authorizing the City Manager, or his designee, to execute a subcontract with
Youth Odyssey, Inc. in the amount of $33,215.00 to provide services for youth ages 12
to 17 in the 78415 zip code.
ISSUE:
The Texas Department of Protective and Regulatory Services (TDPRS) is continuing to
fund the Community Youth Development Program in various cities throughout the state.
The City of Corpus Christi has been allocated $500,000 in program funds for Fiscal Year
2000 - 2001 to be used in the 78415 zip code area.
REQUIRED COUNCIL ACTION:
Acceptance of federal contracts in excess of $15,000 require council approval.
69
PRIOR COUNCIL ACTION:
On May 27, 1997 Council approved a transfer agreement with the Workforce Development
Corporation pertaining to the Community Youth Development Contract with the Texas-
Department of Protective and Regulatory Services (TDPRS) for the 78415 Program, ant.
executed a contract with TDPRS; Council also passed a resolution (#022938) establishing the
Community Youth Development Steering Committee. On August 12, 1997 Council approved
the submission of a $500,000 proposal for Fiscal Year 97-98 to TDPRS. On October 28, 1997
Council approved the contract between the City and TDPRS and appropriated $500,000
(Ordinance #023112). On March 10, 1998 Council approved the submission of a $70,000
proposal to TDPRS. On June 9, 1998 the Council approved amending the contract with
TDPRS to increase funding from $500,000 to $566,765 and approving the subcontracts
(Ordinance #023334). Council approved the Community Youth Development programs for
Fiscal Year 98-99 on June 23, 1998. On September 22, 1998, the City Council approved the
execution of the contract with TDPRS for the $500,000 program for Fiscal Year 98-99
(Ordinance #023447). On February 16, 1999 Council approved the submission of a $32,600
proposal to TDPRS. On March 19, 1999 Council approved amending the contract with TDPRS
to increase funding from $500,000 to $532,600 and approving the subcontracts (Ordinance
#023595). On June 22,1999 Council approved the proposals for FY 1999-2000. On August
24, 2000, the City Council approved the execution of the contract with TDPRS for the $500,000
for Fiscal Year 99-00 (Ordinance # 023732). On June 13. 2000 Council approved the
Community Youth Development programs for Fiscal Year 2000-2001 as recommended by the
Community Youth Development Steering Committee.
FUTURE COUNCIL ACTION:
Presentation on the Community Youth Development Program will be given to the City Council
on October 17, 2000.
COMMUNITY YOUTH DEVELOPMENT STEERING COMMITTEE REVIEW:
The Community Youth Development Steering Committee approved the program package in
a special called meeting on May 24, 2000.
RECOMMENDATION:
The CYD Steering Committee and Staff recommend approval of the $500,000 Community
Youth Development Program.
, .-
~ <X! &.-"'.<2..--<......
Marco A Cisneros, Director
Park & Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information X
Contract Summary X
Ordinance/Resolution X
M~W ~
70
CITY COUNCIL
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND: In 1995, the Texas Department of Protective and Regulatory Services
(TDPRS) developed a program to fund local grass roots efforts in the highest juvenile crime
areas of the state by zip code. The program created activities that were not currently available
within the 78415 zip code area. These activities were made available to youth ages 17 and
under. Eligible activities must fall within the following categories: mentoring, education,
activities, or employment.
In FY 98-99, thirteen zip codes in thirteen cities (McAllen, Galveston, EI Paso, Amarillo, Corpus
Christi, Brownsville, Austin, Houston, Fort Worth, Dallas, San Antonio, Waco, Lubbock) each
received $500,000 to either continue the same youth programs started the previous year or
begin new programs. For FY 97-98, CYD programs for the 78415 zip code expended
$511,747.91 of the $566,764.40 awarded. The total subcontractor participant goal of 3,718 was
surpassed as 9,095 youth were served from September 1,1997 to August 31,1998.
On June 23, 1998, Council approved nine programs locally. These programs were the
Mentoring and Activities Program with Communities In Schools, the Summer Activities Program
with the Park and Recreation Department, the Computer Outreach Program with the Corpus
Christi Public Library, Community Connection Volunteers and ROPES Program with C.C.I.S.D.,
the Project Jumpstart with the Volunteer Center of the Coastal Bend, the YTeen Program with
the YWCA of Corpus Christi, the 78415 Girl Scout Troop Program with the Paisa no Girl Scout
Council, and Camp Genesis with the Corpus Christi Housing Authority. Services began on
September 1,1998.
In December 1998, TDPRS informed all CYD contractors of an opportunity to receive up to an
additional $32,600 to add new programs for youth services in the 78415 zip code. Public notice
of the request for proposals was advertised in the newspaper and proposal request packets
were mailed to outside organizations and all current subcontractors.
On February 16, 1999, City Council approved the programs recommended by the Community
Youth Development Steering Committee to create additional services for the youth in the
78415 zip code. These programs were the Family Camping Weekend and Riding Camp
provided by the City of Corpus Christi Park and Recreation Department; and a Summer
Academic Camp provided by Fannin Elementary School (Corpus Christi Independent School
District). With the additional funding, the Community Youth Development Program totaled
$ 532,600 for Fiscal Year 1998-1999. For the period September 1, 1998 to August 31, 1999,
the 78415 CYD programs served 12,706 youth, greatly surpassing the subcontractor goal of
4,048.
71
Page 2, Additional Background Information
On June 22, 1999, Council approved 5 programs for Fiscal Year 1999-2000 totalling $500,000.
These programs are the Mentoring and Activities Program with Communities in Schools, Inc.,
the 78415 Troop Program with the Girl Scouts Paisano Council, the Youth Recreation Program
with the Park and Recreation Department, the Family Matters/Project JumpStart Program with
the Volunteer Center of the Coastal Bend, and the Adventure Challenge Program with Youth
Odyssey, Inc. Services began on September 1, 1999. For the period September 1, 1999 to
May 31,2000,5,142 youth have been served by the 78415 CYD programs.
On April 17, 2000, TDPRS informed all CYD contractors of the anticipated funding level
($500,000) for Fiscal Year 2000-2001. In anticipation of this, the City of Corpus Christi, as
Fiscal Agent, called for proposals from the community. Public notice of this was advertised in
the newspaper February 26 and March 4, 2000 and all current subcontractors were informed.
Twelve proposals requesting funding for $ 827,802.00 were reviewed. On May 24, 2000, the
Community Youth Development Steering Committee voted to recommend the following
proposals for submission to TDPRS:
1. Communities In Schools, Inc. - Mentoring, Youth Activities,
Education and Pre-Employment Programs
2. Housing Authority of CC - Youth Activities
3. Park & Recreation Department - Youth Activities
4. Youth Odyssey, Inc. - Youth Activities
5. City Contract Fees
$ 333,355.00
23,758.00
20,141.00
33,215.00
89.531.00
$ 500,000.00
73
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Community Youth Development
78415 Zip Code Boundaries
(Does not include 78415 Rural Route)
Tarlton
81 .
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76
ORDINANCE
APPROPRIATING $500,000 FROM THE TEXAS DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES IN THE NO. 1060
FEDERAUSTATE GRANTS FUND TO FUND THE COMMUNITY YOUTH
DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $500,000 from the Texas Department of Protective and Regulatory
Services is appropriated in the No. 1060 Federal/State Grants Fund to fund the Commlmity Youth
Development Program in the 78415 zip code.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affuirs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the _ day
of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Samuel 1. Neal, Jr., Mayor
LEGAL FORM APPROVED
,2000; JAMES R. BRAY, JR., CITY ATTORNEY
By:
Bryn Meredith, Assistant City Attorney
BmordOCll12
77
8
CITY COUNCIL
AGENDA MEMORANDUM
August 9, 2000
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to apply and to execute all necessary
documents for continued financial assistance through the Texas General Land Office for
beach cleaning and life guarding at Padre Island during FY 2000-01.
ISSUE:
The Texas General Land Office requires the annual submission of an application for financial
assistance to local governments for beach maintenance.
PRIOR COUNCIL ACTION:
Motion M99-323 authorizing continued financial assistance through the Texas General Land Office
for beach cleaning and life guarding at Padre Island was approved by City Council on September
14, 1999.
REQUIRED COUNCIL ACTION:
The submission of the Application for State Assistance for beach maintenance requires City Council
approval.
RECOMMENDATION:
Staff recommends City Council authorize the City Manager or his designee to apply for continued
financial assistance through the Texas General Land Office for beach cleaning and life guarding at
Padre Island and to execute all necessary documents in connection with the reimbursement
application
~c sri ~
Marco A. Cisneros, Director
Parks and Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract Summary
Ordinance/Resolution
Map(s)
Ii
o
a
Ii
79
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The Texas General Land Office administers the Beach Maintenance Fund to partially reimburse
cities and counties for beach cleaning and life guarding services.
The state statute authorizes reimbursement at 40 percent; however, state appropriations have always
limited this reimbursement to the range of 10 to 20 percent of actual local costs.
City Council must annually approve submission of the reimbursement application to the state for
beach cleaning and life guarding reimbursement and authorize the City Manager to execute all
necessary documents. The application will provide [mancial assistance to the city for FY 2000-01.
The City currently has a contract agreement with Nueces County to maintain the beaches and
provide lifeguards at Padre Island. Under the contract, the city reimburses the county a maximum
of$lOO,OOO per year. It is anticipated that the Texas General Land Office will reimburse the city
$12,000.
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9
CITY COUNCIL
AGENDA MEMORANDUM
August 1,2000
AGENDA ITEM:
A. Resolution accepting a $15,000 grant from Texas Department of Transportation to
develop a communication plan to promote pedestrian safety and authorizing the City
Manager or his designee to execute all related documents.
B. Ordinance appropriating $15,000 received from Texas Department of Transportation
in the No. 1050 Federal/State Grants Fund to develop a communication plan to
promote pedestrian safety; and declaring an emergency.
ISSUE: The Texas Department of Transportation requires a resolution from the governing
body of the applicant to accept grants.
BACKGROUND: The purpose of the grant program is to provide funding for a pedestrian
accident reduction campaign. Communications and Quality Management will develop
public service announcements to increase awareness of pedestrian safety among drivers
and pedestrians. The public service announcements are part of a comprehensive
communications plan that includes news releases and the dissemination of educational
materials to high school students. The goal of this program is to decrease the total
pedestrian related accidents and the total pedestrian related fatalities in Corpus Christi.
No additional funds will be needed as there is no match required.
IMPLEMENTATION SCHEDULE: The development and production of the Public Service
Announcements must be completed by September 30, 2000.
RECOMMENDATION: Approval of the resolution and ordinance.
1u~~ ~
W. Thomas Utter
Assistant City Manager
83
RESOLUTION
ACCEPTING A $15,000 GRANT FROM TEXAS DEPARTMENT OF
TRANSPORTATION TO DEVELOP A COMMUNICATION PLAN TO
PROMOTE PEDESTRIAN SAFETY AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED
DOCUMENTS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi hereby accepts a $15,000 grant from the Texas
Department of Transportation to develop a communication plan to promote pedestrian safety and
authorizing the City Manager or his designee to execute all related documents.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
..,L
Approved this the -L day of ~M-->}-
James R. Bray, Jr., City Attorn~
By: i..~ .~
Lisa Aguilar,
Assistant City Attorney
,2000.
."~)
LOA \re5.020
84
ORDINANCE
APPROPRIATING $15,000 RECEIVED FROM TEXAS DEPARTMENT
OF TRANSPORTATION IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND TO DEVELOP A COMMUNICATION PLAN TO PROMOTE
PEDESTRIAN SAFETY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. That $15,000 received from Texas Department of Transportation is
appropriated in the No. 1050 Federal/State Grants Fund to develop a communication plan to
promote pedestrian safety
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached. to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs. such finding of an emergency is made and
declared requiring suspension of the Chal1er rule as to consideration and voting upon ordinances
at two regular meetings so that L'lis ordinance is passed and shall take effect upon first reading as
an emergency measure this L'le _ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
City Secretary, Armando Chapa
Samuel L. Neal, Jr., Mayor
Legal form approved A~' 2. ,2000; James R. Bray, Jr., City Attorney
By:
'"tAYz- ~
Lisa Aguilar, sistant City Attorney
LOAlord2.186
85
10
AGENDA MEMORANDUM
Subject: Acceptance of a Grant from the Coastal Bend Regional Advisory Council.
Agenda Item: A.
Authorize the City Manager, or his designee, to accept a grant from the Coastal Bend
Regional Advisory Council in the amount of$3,358.05 to be used to purchase
computer equipment for the Corpus Christi Fire Department's EMS Division.
B.
Adopt an ordinance appropriating $3,358.05 from grant from the Coastal Bend
Regional Advisory Council in the No. 1050 Federal/State Grants Fund to purchase
computer equipment for EMS Department; and declaring an emergency.
Issue: The Coastal Bend Regional Advisory Council has issued a grant to the City of Corpus Christi. This
grant requires that the funds be accepted, appropriated, and expended by August 31, otherwise the funds will
need to be returned to the Regional Advisory Council.
Background: The Texas Legislature authorized a Health Care Trust Fund utilizing the proceeds from the
State's share of the tobacco settlement. A portion of these were dedicated to the support of statewide EMS
operations. The authorizing legislation and rules adopted by the Texas Department of Health route these
EMS funds through the 26 regional advisory councils in the State. This is the first year of this funding;
however, future funding is anticipated. Additional funding is also expected from that portion of the funding
that is dedicated to the support of the individual regional advisory councils. The additional finding is
expected within the next couple of weeks.
The stipulations for use of the grant funds include:
I. Funds may not be used to purchase land or buildings, and
2. Funds are intended to augment existing funding, not to replace existing public
funding.
Funding: This is not a matching fund grant; therefore, no local funds are required.
Recommendation: Authorize the City Manager to accept the grant and approve the ordinance appropriating
the $3,358.05.
87
ORDINANCE
APPROPRIATING $3,358.05 FROM A GRANT FROM THE COASTAL
BEND REGIONAL ADVISORY COUNCIL IN THE NO. 1050
FEDERAL/STATE GRANTS FUND TO PURCHASE COMPUTER
EQUIPMENT FOR EMS DEPARTMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $3,358.05 grant from the Coastal Bend Regional Advisory Council is
appropriated in the No. 1050 Federal/State Grants Fund to purchase computer equipment for EMS
Department.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached. the Cily Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so t..'1at this ordinance is passed and takes effect upon tirst reading as an emergency measure this
the _ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, J1.. Mayor
LEGAL FORM APPROVED.Av-ir T 3 ,2000; JAMES R. BRAY, JR.. CITY ATTORNEY
By:
-f ' ~-i
cj.. A.If7.
Lisa Aguilar.' 1\ssistant City Attorney
H:\LEG.DIR VERONIC^'.USA\ORD!\ORD~.187
-,
88
11
-
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 22, 2000
AGENDA ITEM:
Item A: Motion authorizing the City Manager, or his designee, to accept a renewal
grant in the amount of $196,866.00 and execute a contract with the Corporation for
National and Community Service for the continuation of the Senior Companion
Program.
Item B: APPROPRIATING $196,866 FROM A GRANT FROM THE CORPORATION
FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1050 FEDERAUSTATE
GRANTS FUND FOR THE SENIOR COMPANION PROGRAM AND DECLARING AN
EMERGENCY.
ISSUE: The Senior Companion Program federal grant must be renewed annually to
continue funding by the Corporation for National and Community Service, for
assistance to homebound and/or elderly persons in the community.
PRIOR COUNCIL ACTION: For the past twelve years, Council has granted
authorization to execute a contract with the Corporation for National and Community
Service for the Senior Companion Program.
REQUIRED COUNCIL ACTION: Council action is required to authorize the execution
of a contract with the Corporation for National and Community Service for the 2000-
2001 Senior Companion Program. Matching funds have been included in the FY 2000-
2001 budget.
RECOMMENDATION: Staff recommends Council approve authorization to execute a
contract with the Corporation for National and Community Service for the 2000-2001
Senior Companion Program and to appropriate $196,866.00 in federal funds in the
Federal Grant Fund No. 1050.
~~~v I' &~.,.
Marco Antonio Cisneros,
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information I:X
Contract Summary [l[
Ordinance/Resolution Ul
H:\PR_orA\SHARED\SCP\GRANTS\AGNMMO.Ol
89
l'J'~ls.
i~~'.
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The Senior Companion Program (SCP) assists low-income volunteers 60 years and
over who are willing to serve as companions to homebound and elderly persons in the
community. The Companions assist homebound individuals with daily living tasks, such
as meal preparation, respite care, grocery shopping and light housekeeping. Their
assistance allows homebound clients to remain in their homes, delaying
institutionalization. Companions receive a stipend of $2.55 an hour, a $1.50 meal
reimbursement and either mileage reimbursement or bus tokens. This benefit assists
the Companion financially and allows them to become more involved in the community.
H:\PR-DIRISHAREDISCPIGRANTSIAGNMMO.01
90
ORDINANCE
.,,:,:
APPROPRIATING $196,866 FROM A GRANT FROM THE CORPORATION
FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1050
FEDERALIST A TE GRANTS FUND FOR THE SENIOR COMPANION
PROGRAM AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $196,866 grant from the Corporation for National and Community
Service is appropriated in the No. 1050 Federal/State Grants Fund for the Senior Companion
Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached. the City Council (1) finds and deciares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the day of .2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED J~r / , 2000: JAMES R. BRAY, JR., CITY A HORNEY
By:
i,;-?-z. ~
Lisa Aguilar. Assistant City Attorney
H:\LEG.DIR VERONICAILlSA\ORD:!\ORD2.ISS
91
12
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 22, 2000
AGENDA ITEM: (A). Ordinance transferring $741,744 from the No. 1020 General Fund
to the No. 1050 Federal/State Grants Fund; Appropriating $741,744 as matching funds
for Senior Community Services Programs in the NO.1 050 Federal/State Grants Fund;
and declaring an emergency.
(B). Ordinance appropriating $25,000 from the Senior Community Services Reserve
fund as matching funds for Senior Community Services Programs in the NO.1 050
Federal/State Grants Fund.
ISSUE: The City matching funds approved in this year's budget must be appropriated in
the No. 1050 Federal and State Grant Fund.
REQUIRED COUNCIL ACTION: Council action is required to authorize the
appropriation of matching funds which were included in the FY 00 - 01 City budget.
RECOMMENDATION: Staff recommends Council appropriate the $741,744 in local
grant match required for the various programs offered to the elderly citizens in our
community.
~~G y! ~
Marco A. Cisneros, Director
Park and Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information IX
Contract Summary D
Ordinance/Resolution IX
Map(s) D
H:\PR-OIRISHAREOISCS\AGENDAISCSOR001. WPO
93
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The City receives funding for senior citizens programs primarily
through federal and state grants. Each year the City submits for and receives grant
funds for programs such as the Elderly Nutrition Program, Meals on Wheels Program,
Retired and Senior Volunteer Program and the Senior Companion Program. Matching
funds for these programs must be appropriated annually. The General Fund FY 00 - 01
approved budget includes $741,744 in matching City funds for these grants.
In addition, in order to continue with current programs, $25,000 is needed from the
reserve appropriation. These funds come into the program through senior center rental
revenues.
H:\PR-DIR\SHAREDISCSIAGENDA\SCSORD01.WPD
94
ORDINANCE
TRANSFERRING $741,744 FROM THE NO. 1020 GENERAL FUND TO THE
NO. 1050 FEDERAL STATE GRANTS FUND; AND APPROPRIATING
$741,744 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS
MATCHING FUNDS FOR SENIOR COMMUNITY SERVICES PROGRAMS;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $741,744 is transferred from the No. 1020 General FWld to the No. 1050
FederallState Grants Fund for Senior Community Services Programs.
SECTION 2. That $741,744 is appropriated in the No. 1050 Federal/State Grants Fund as
matching funds for Senior Community Services Programs.
SECTION 2. That upon written request of the Mayor or five Council members. copy
attached, the City Council (I) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED ~. hO"'+ I 't , :WOO: JAMES R. BRAY, JR., CITY ATTORNEY
By:
,
rJ.~ ~~
Lisa Aguilar, sistant City Attorney
H:\LEG.DIR\ VERONIC ^ \lISA \ORD:::\ORD~.I:N
95
~,
ORDINANCE
APPROPRIATING $25,000 FROM THE SENIOR COMMUNITY SERVICES
RESERVE FUNDS AS MATCHING FUNDING FOR SENIOR COMMUNITY
SERVICES PROGRAMS IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $25,000 is appropriated from the Senior Community Services reserve
funds as matching funding for Senior Community Services Programs in the No. 1050 Federal/State
Grants Fund.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) fmds and declares an emergency due to the need for immediate
action necessary for the eftlcient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the _ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTl
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED A"~ j- 1'-+ ,2000; JAMES R. BRAY, JR., CITY ATTORNEY
By: -1-~ A-:~
Lisa Aguilar, Assistant City Attorney
H:\LEG-OIR\ VERONIC A\L1SA\ORD2\ORD2.I90
96
13
AGENDA MEMORANDUM
DATE: July 12,2000
SUBJECT: Public Health Contract Amendment
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee, to execute Attachments No. 02,
03 and 04 to Contract No. 7460005741-2001 with the Texas Department of Health in
the amount of $162,823 for Tuberculosis Prevention and Control, $124,258 for
Immunization Services and $117,975 for Regional/Local Health Operations.
B. Appropriating a grant, from the Texas Department of Health, in the amount of$162,823
for Tuberculosis Prevention and Control, $124,258 for Immunization Services, and
$117,975 for Regional/Local Health Operations in the No. 1050 Federal/State Grants
Fund and declaring an emergency.
ISSUE: Attachment No. 02 provides $162,823 in financial assistance for personnel, fringe
benefits, travel, supplies, contractual services, and miscellaneous expenses required for
tuberculosis prevention, control and outreach services for the community. A total of $124,258
covering personnel, fringe benefits, travel, supplies and miscellaneous expenses comprise
Attachment No. 03 providing immunization services for children, adolescents, and adults.
Special emphasis will be on children two years of age or younger. Systematic approaches have
been designated to eliminate barriers, expand immunization delivery, and establish uniform
policies to immunize pre-school age children. The Bureau of Regional/Local Health
Operations (BRLHO) at the Texas Department of Health (TDH) provides funding for salaries
and fringe benefits for nursing, laboratory, and environmental health services. In addition,
$18,696 is provided as direct assistance for a secretarial position in the nursing program.
All attachments represent a continuation of funding for services previously established and
cover the period September I, 2000 through August 31, 200 I.
REOUlRED COUNCIL ACTION: Approval of the amendment and appropriation of funds.
RECOMMENDATION: Staff recommends that the amendment be approved on an
emergency basis to facilitate the continuation of Tuberculosis Prevention, Control and
Outreach Services, Immunization Services and Regional/Local Health Operations.
k/ 4 A-/r l:?!M.
Nina M. Sisley, M.D., .P.It.
Director of Public Health
97
AN ORDINANCE
APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF
HEAL TH IN THE AMOUNT OF $405,056 IN THE NO. 1050
FEDERAL/STATE GRANTS FUND; $162,823 FOR TUBERCULOSIS
PREVENTION AND CONTROL; $124,258 FOR IMMUNIZATION
SERVICES; AND, $117,975 FOR REGI0NALILOCAL HEALTH
OPERATIONS; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a $405,056 grant from the Texas Department of Health is appropriated
in the No. 1050 Federal/State Grants Fund: $162,823 for Tuberculosis Prevention and Control;
$124,158 for Immunization Services; and, $1 17,975 for RegionallLocal Health Operations.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective admilustration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the __ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., MAYOR
LEGAL FORM APPROVED
~. lS'
o
, 2000; JAMES R. BRAY, JR., CITY ATTORNEY
BY: 'if..~~....I
Lisa Aguilar, As~stant City Attorney
H:\LEG-DIR\VERONICA\LlSA\ORD~\ORD1.180
98
14
CITY COUNCIL
AGENDA MEMORANDUM
August 17, 2000
AGENDA ITEM: Resolution supporting the application by Nueces County for
funding for the restoration of the historic Nueces County Courthouse from the Texas
Historic Courthouse Preservation Program.
ISSUE: Nueces County is applying for funding for the old Nueces County
Courthouse from the Texas Historic Courthouse Preservation Program. The County
has asked for the City's support.
RECOMMENDATION: Since the creation of the Texas Historic Courthouse
Preservation Program was a City Council legislative priority last session, and since
the County has asked for the City's support, I am recommending that the Council
pass the attached resolution in support of their funding application.
>>.~ud-
W. Thomas Utter
Assistant City Manager
99
A RESOLUTION
SUPPORTING THE APPLICATION BY NUECES COUNTY FOR FUNDING
FOR THE RESTORATION OF THE HISTORIC NUECES COUNTY
COURTHOUSE FROM THE TEXAS HISTORIC COURTHOUSE
PRESERVATION PROGRAM
WHEREAS, a restored historic Nueces County Courthouse building will be a valuable
addition to the City's cultural and historical attractions; and
WHEREAS, a restored historic Nueces County Courthouse building will benefit the
cItizens of Corpus Christi by providing a link to the rich and diverse history of South
Texas; and
WHEREAS, a restored historic Nueces County Courthouse would create a unique asset
at the gateway to our community and this asset would assist in economic development
in our city; and
WHEREAS, this unique asset will certainly be lost due to ongoing deterioration unless
funding for its rehabilitation is secured;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That the City of Corpus Christi supports the application by Nueces County
for funding for the restoration of the Historic Nueces County Courthouse from the Texas
Historic Courthouse Preservation Program.
ATTEST:
Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
Legal form approved J/r.lfc.JS-t /7 ,2000; James R. Bray, Jr., City Attorney
v
By:
IICITYHALL02IUSERSILEG-DIRISHARWV A Y\Cnhsrcs.doc
100
15
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 3,2000
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
Use Privilege Agreement with Williams Communications, Inc., dba VYXX Inc., in Texas for
the right to install, and maintain 30,753 I.f. of fiber optic cable in city street right-of-
way(Cantwell Drive, Sam Rankin Street, N. Alameda, Savage Lane, Carancahua, Up River,
Palm Drive, Comanche Street, 19th Street, Howard Street, Kinney, Waco, Blucher and N.
Carancahua); establishing a fee of $36,590.00; and declaring an emergency.
ISSUE: Williams Communications, Inc. (WCI) is a long haul fiber optic transport provider
wishing to install fiber optic cable within the city limits of Corpus Christi. In order to do so
a Use Privilege Agreement is required.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
r
fdr ~v~
;If. el R. Escobar, P.E.
Director of Engineering Services
~.JJN
,
Attachments:
1. Site Location Map
2. UPA Summary
101
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Williams Communications, Inc. has requested a Use Privilege Agreement (UPA) from the
City for permission to install and maintain 30,753 L.F. of underground fiber optic cable
(8,915 linear feet of new underground fiber optic cable to be installed in four (4) sections
and 21,838 linear feet of fiber optic cable to be installed in Southwestern Bell conduit)
throughout the following public street rights-of-way:
NEW CONDUIT:
. Section 1 (1,939 L.F.) - Starting at Cantwell Drive right-of-way (ROW) approximately
14 feet south of the Westway Dr. ROW then north to the Leopard St. ROW;
. Section 2 (1,267 L.F.) - Starting on Sam Rankin Street about 98 feet north of
Caldwell Street centerline, then east along the south ROW of Caldwell St. to the
Sam Rankin Street ROW, then south to the Musset Street ROW, then east to the
N. Alameda Street ROW to a manhole at the intersection of N. Alameda Street and
Kinney Street;
. Section 3 (5,159 L.F.) - Starting approximately 100 feet northwest of the Cantwell
Street ROW, then northwest to the Navigation Boulevard ROW, then north to the
Savage Lane ROW, then east along the south ROW of Savage Lane approximately
900 feet, turn north along the west ROW of Savage Lane to the IH 37 State ROW;
. Section 4 (550 L.F.) - Start at the Antelope Street and Carancahua Street
intersection, then south along the east ROW of Carancahua Street approximately
521 feet to an existing Cap rock Communications manhole that they will tie into.
SOUTHWESTERN BELL EXISTING CONDUIT:
. Williams Communications will use SWB Conduit starting at a SWB manhole located
at the Cantwell Street & Leopard Street intersection to Up River Road, then along
Up River Road to Palm Drive, then along Palm Drive south approximately 382 linear
feet where they will then install new underground fiber optic cable.
. Along Comanche Street to 19th Street, then along 19th Street to Howard Street,
Then Along Howard Street to the west ROW of SH286. Starting again at the east
ROW of SH 286 along Howard Street to Sam Rankin Street.
. Along Kinney Street to Waco Street, then along Waco Street to Blucher Street, Then
along Blucher Street to N. Carancahua Street, then along N. Carancahua Street to
Buffalo Street to where the SWB conduit connects into a SWB manhole.
The fiber optic is to provide communications using four (4) proposed link section locations
in Corpus Christi. Williams Communications, Inc. has also acquired permission from
Southwestem Bell Telephone to use existing SWB conduit that is located in several of the
102
-
City public street rights-of-way.
Conditions: In addition to the UPA's standard conditions, the following are also required:
. Williams Communications, Inc. must obtain all necessary permits from Southwestern
Bell Telephone (SWB) for the use of SWB existing conduit on any City public street
rights-of-way.
. A one time fee of $36.753.00 is being recommended for the Use Privilege
Agreement. This fee was based on the 8,915 linear feet of new underground fiber
optic cable to be installed in four (4) sections and 21,838 linear feet of fiber optic
cable to be installed in Southwestern Bell conduit using the following calculations:
$ 8,915.00 (8,915 total L.F. x $1.00/per L.F. for all four (4) sections
$ 1 800.00 (12 single road crossing @ $150.00 per/crossing)
$10,715.00 UPA fee for new fiber optic installation
$21,838.00 (21,838 I.f. x $1.00/per I.f. in SWB conduit)
$ 4.200 00 (28 single road crossing @ 150.00 per/crossing)
$26,038.00 UPA fee for usage of SWB conduit
$10,715.00 + $26,038.00 = $36.753.00 Total UPA Fee
All City and private franchised utilities were contacted regarding this UPA. None had any
objections, provided the applicant meets the specified conditions set out in the UPA.
103
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH WILLIAMS COMMUNICATIONS,
INC., DBA VYVX INC., IN TEXAS FOR THE RIGHT TO INSTALL AND
MAINTAIN 30,753 L.F. FIBER OPTIC COMMUNICATIONS CABLE IN CITY
STREET RIGHT-OF-WAY (CANTWELL DRIVE, SAM RANKIN STREET, N.
ALAMEDA, SAVAGE LANE, CARANCAHUA, UPRIVER ROAD, PALM
DRIVE COMANCHE STREET, 19TH STREET, HOWARD STREET, KINNEY,
WACO, BLUCHER AND N. CARANCAHUA); ESTABLISHING A FEE OF
$36,590.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or designee, is authorized to execute a Use
Privilege Agreement with WILLIAMS COMMUNICATIONS, INC., DBA VYVX INC., IN
TEXAS, for the right to install and maintain fiber optic communications cable in the following
City streets right-of-way: (Cantwell Drive, Sam Rankin Street, N. Alameda, Savage Lane,
Carancahua, Upriver Road, Palm Drive Comanche Street, 19th Street, Howard Street,
Kinney, Waco, Blucher and N. Carancahua); and establishing a fee of $36,590.00. A copy
of the Use Privilege Agreement is on file with the City Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and
(2) suspends the Charter rule that requires consideration of and voting upon ordinances
at two regular meetings so that this ordinance is passed and takes effect upon first
reading as an emergency measure this the day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved July 15, 2000; James R. Bray, Jr., City Attorney
By:
Doyle Curtis, Senior Assistant City Attorney
Corpus Christi, Texas
104
-
day of
,2000
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: IIwe, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
105
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INTERIM USE PRIVILEGE AGREEMENT SUMMARY
WILLIAMS COMMUNICATIONS, INC.
1. Owner must 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 and actions.
2. Owner must acquire and maintain commercial general liability insurance, comprehensive
automobile, public officials, and fidelity liability insurance. Such insurance policies must
show the City as a named additional insured. Upon City Manager's written request, Owner
shall provide copies of all insurance policies to the City Attomey. Such policies may not be
canceled, renewed, or materially changed without 30 days advance written notice to the
City's Director of Engineering Services, or designee ("City Engineer").
3. Owner's use of the Use Privilege Improvements must not interfere with City's
construction, operation, repair, replacement, or maintenance of any existing or future
proposed sidewalks, utility lines, or other uses.
4. Owner must not close or barricade a public street, or any portion of the public street, to
install, repair, or maintain the Use Privilege Improvements until the Owner or his
contractor has filed an approved traffic control plan with City's Traffic Engineering Office.
5.
--
6.
7.
8.
9.
10.
11.
12.
Owner must pay to maintain or repair the Use Privilege Improvements at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Owner, at his own expense.
Owner must comply with all applicable Federal, State, and local laws and regulations, as
may be amended.
Owner must not assign this Agreement without the City of Corpus Christi as Lessor's prior
written consent.
Owner must submit a complete set of construction drawings to the City Engineer for any
proposed work two weeks prior to onset of construction.
Owner must not begin work without 24 hours prior notice to the Engineering Services
Construction Inspector's.
Any damage to any water, wastewater, or gas lines, as determined by the City's
- representative will be repaired at the Owner's expense.
Owner must not store or leave any equipment or material in City right-ot-way overnight.
The City hereby authorizes this Use Privilege Agreement upon request of owner and does
not warrant or represent to Owner, that the City possesses or hereby grants all rights or
interest necessary tor Owner to construct, install, and maintain an underground fiber optic
communications cable for Williams Communications, Inc.
13. Williams Communications, Inc. must acquire all necessary permits from Southwestern Bell
Telephone (SWB) for the usage of any existing SWB conduit that's within City public street
rights-of-way.
107
SPECIAL SERVICES ACTIVITY
COUNCIL ACTION ITEMS PENDING
AUl1'ust 22, 2000
1. Use Privilege Agreement - Williams Communications, Inc. - Williams Communication,
Inc., is requesting permission to route 8,915 Lf. of underground fiber optic cable along city
street rights-of-way using existing SWB conduit. (Emergency Reading)
2. Easement Closure - Lot A, Paisley Subdivision - Urban Engineering is requesting the
closure ofa 10-foot wide utility easement in Lot A, Paisley Subdivision for the construction
of a drive-thru window for Eckerds Drugs. (Emergency Reading)
3. Easement Closure - Lot 15, Block 38, King's Crossing Unit 1, Phase 1 - Urban
Engineering is requesting the closure of a 10- foot wide utility easement in said property.
(Emergency Reading)
4. Alley Closure - Bonita Addition - City is initiating the closure of an alley right-of-way
between Baldwin Blvd. and Date Street. The closure request was made by Ms. Ruth
Hernandez because she was complaining of a lot of problems with the property owners on
the other side of the alleyway. Have received comments from the utility companies and have
had no objections with the proposed closure. The owners have been advised that in return
for the City initiating the closure they will have to construct a private fence right down the
middle of the alley. Mr Valdez the owner of the night club is interested in purchasing the
alif?Y ROW adjacent to the Diocese property and the restaurant lfhe purchases the portion
of the ROW he 'li put the privacv fence the City is requiring him to construct from Baldwin
to Date streets Spoke to Mr Richards. from the Dioce~e of Corpus Christi and he was goint
to take Mr Valdez's proDosai to the Church's Board committee Waiting/or him to cali me
bu.dJ.. (Two Readings)
5. Interim Use Privilege Agreement - Texus Telecommunications - Grand River
Communications, Inc. is requesting permission to place buried fiber optic cable within public
right-of-way inside the city limits. The cable is to be placed within existing SWB conduit
and is to run from the Wilson Bldg., parallel along the Leopard St. ROWand through
portions ofIH 37 and SH 77, to Refugio, Tx. (Emergency Reading)
6. Ordinance approving the amount of $154,106.26 as sufficient funds be accepted in
lieu of the half street construction of Strasbourg Drive and Loire Boulevard with
supporting public utility infrastructure from King's Crossing Realty, Ltd. as the
developer's contribution required by the development of King's Crossing Unit 13,
Block 2, Lot 1; and establishing a City interest-bearing account in the Infrastructure
Trust Fund to deposit the developer's contribution and restricting said monies for the
completion of "improvements" at the time of platting and development of the properties
H:\....\agenda\proj.lst.OO
8-08-00
108
directly adjacent to and abutting the secured "Improvemenf' opposite King's Crossing
Unit 13, Block 2, Lot 1; and declaring an emergency.
7. Ordinance approving the amount of $51,115.11 as sufficient funds be accepted in lieu
of the half street construction of Strasbourg Drive with supporting public utility
infrastructure from King's Crossing Realty, Ltd. as the developer's contribution
required by the development of King's Crossing Unit 13; and establishing a City
interest-bearing account in the Infrastructure Trust Fund to deposit the developer's
contribution and restricting said monies for the completion of "improvements. at the
time of platting and development of the properties directly adjacent to and abutting the
secured "Improvement" opposite King's Crossing Unit 13, and declaring an
emergency.
8. Ordinance approving the amount of $51,653.70 as sufficient funds be accepted in lieu
of the half street construction of Patti Drive with supporting public utility infrastructure
from Braselton Land Ventures, Inc.,as the developer's contribution required by the
development of The Village at Dunbarton Oak Unit 1; and establishing a City interest-
bearing account in the Infrastructure Trust Fund to deposit the developer's
contribution and restricting said monies for the completion of "improvements" at the
time of platting and development of the properties directly adjacent to and abutting the
secured "Improvement" opposite The Village at Dunbarton Oak Unit 1, and declaring
an emergency.
9a. Motion approving the reimbursement application submitted by Mark D. Stockseth,
owner and developer of Lot 1, Block 1, Stockseth Tract, for the installation of an off-
site, over-depth sanitary sewer collection line; and
9b. Ordinance appropriating $101,929.71 from the No. 4220-250420 Sanitary Sewer Trust
Fund to pay Mark D. Stockseth's reimbursement request for installing an off-site, over-
depth sanitary sewer collection line to develop Lot 1, Block 1, Stockseth Tract, and
declaring an emergency..
Pending
1. Street Closure - Hutsell Street - Paul Carangelo owner of one of the adjacent properties to
the Hutsell Street right-of-way is requesting the closure of the street. Hutsell Street is an
undeveloped but dedicated public right-of-way in Flour Bluff of of Graham Road.
2. Easement Closure - Lot 2, Block 1, Sandalwood Subdivision - Urban Engineering is
requesting the closure of a 5-foot wide utility easement in the said property so that CWS
Communities, LP, (Misty Winds Manufactured Homes) may be allowed to build a structure
within a portion of said easement right-of-way. Mario Tapia Admini~trative Asst to the
Cit}' Manager has put a hold on this closure hecause Cw.'i' has yet to return the signed UP A
H :\.... \agc:ncfa,\proj-lst.OO
8-08-00
109
document~ for the vehicuiar hridge across the Cit;y drainage easement (Emergency
Reading)
3. l'se Privilege Agreement - Padre Island Brewing Company - The Padre Island Brewing
Co. has requested a Use Privilege Agreement for the installation of some awnings in front
ofthe building located at 405 N. Chaparral Street. (Two Readings)
4. l'se Privilege Agreement - Winnebago Street - Durrill Properties, is requesting the closure
of a 17,292-square foot portion ofWinnebago Street from N. Carancahua Street to N. Upper
Broadway Street. Planning and Trajjic Engineering are objecting to the closure hecause of
the ejJect it will have on vehicular traffic. (Two Readings)
cc: Leonel Farias
Mark Simon
Harry Power
Shelby O'Brien
Ken Kohrs
H:\.... \agenda\proj.lst.OO
8-08-00
110
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH WILLIAMS COMMUNICATIONS,
INC., DBA VYVX INC., IN TEXAS FOR THE RIGHT TO INSTALL AND
MAINTAIN 30,753 L.F. FIBER OPTIC COMMUNICATIONS CABLE IN CITY
STREET RIGHT-OF-WAY (CANTWELL DRIVE, SAM RANKIN STREET, N.
ALAMEDA, SAVAGE LANE, CARANCAHUA, UPRIVER ROAD, PALM
DRIVE, COMANCHE STREET,19'" STREET, HOWARD STREET, KINNEY,
WACO, BLUCHER AND N. CARANCAHUA); ESTABLISHING A FEE OF
$36,753.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or designee, is authorized to execute a Use
Privilege Agreement with WILLIAMS COMMUNICATIONS, INC., DBA VYVX INC., IN
TEXAS, for the right to install and maintain fiber optic communications cable in the
following City streets right-of-way: (Cantwell Drive, Sam Rankin Street, N. Alameda,
Savage Lane, Carancahua, Upriver Road, Palm Drive Comanche Street, 19th Street,
Howard Street, Kinney, Waco, Blucher and N. Carancahua); and establishing a fee of
$36,753.00. A copy of the Use Privilege Agreement is on file with the City Secretary.
SECTION 2. That upon written request ofthe Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary forthe efficient and effective administration of City affairs and
(2) suspends the Charter rule that requires consideration of and voting upon ordinances
at two regular meetings so that this ordinance is passed and takes effect upon first
reading as an emergency measure this the day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr., Mayor
Armando Chapa, City Secretary
Legal form approved July 15, 2000; James R. Bray, Jr., City Attorney
By:
Doyle
is, Senior Assistant City Attorney
H:\LEG-DIR\VERONICA\ODCURTIS\MYDOCS\2000\ORD2000.1 OO\DDCQRDOO.138
111
16
AGENDA MEMORANDUM
DATE: August 16, 2000
SUBJECT: Use Privilege Agreement - New Federal Courthouse
AGENDA ITEM:Ordinance authorizing the City Manager, or his designee, to execute a
Use Privilege Agreement with the United States General Services Administration for the
right to construct, install and maintain enhanced pedestrian walkways, retaining walls
landscaping, and architectural lighting in association with the new Federal Courthouse in
the street right of ways of a portion of I.H. 37 and Shoreline for the consideration of the
General Services Administration constructing, installing and maintaining the improvements;
and declaring an emergency.
ISSUE: The General Services Administration has requested to use a portion of the I.H. 37
and Shoreline right-of-way to install architectural lighting, landscaping and enhanced
pedestrian walkways in association with the new Federal Courthouse. Such usage
requires a Use Privilege Agreement.
RECOMMENDATION:
\V~~\~
W. Thomas Utter
Assistant City Manager
Staff recommends approval of the ordinance as presented.
.~ ft ~fl~/Od
fPf6ngel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Additional Background Information
Location Map/Drawings
H:IHOMEIKEVINSIGENICOURTHOUI^GSAUPA.M
113
BACKGROUND INFORMATION
SUBJECT: Use Privilege Agreement - New Federal Courthouse
BACKGROUND: The General Services Administration has requested to install
architectural lighting, landscaping, and enhanced pedestrian walkways for the new Federal
Courthouse along I.H. 37 and Shoreline Boulevard. See Exhibit B-1. The section of I. H.
37 bordering the Federal Courthouse is a City street and not part of the State Highway
System.
AGREEMENT: The Use Privilege Agreement provides for the use of two areas. Area 1
provides for the use of 12,374 square feet facing I.H. 37. Area 2 provides for the use of
7,341 square feet facing Shoreline. Area 2 extends along the entire block frontage
including the area in front of the existing "Alliance" Building. See Exhibits B-2 and B-3.
COMPENSATION: The agreement to install and maintain the proposed sidewalks,
landscaping, and lighting is deemed full consideration for the Use Privilege Agreement.
~
~
Exhibit A ~ Background
Page 1 of 1
H:\HOME\KEVINS\GEN\CQURTHOlJ\^GSAUPA.BKG
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111
-.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH THE UNITED STATES GENERAL
SERVICES ADMINISTRATION FOR THE RIGHT TO CONSTRUCT,
INSTALL AND MAINTAIN ENHANCED PEDESTRIAN WALKWAYS,
RETAINING WALLS LANDSCAPING, AND ARCHITECTURAL LIGHTING
(IN ASSOCIATION WITH THE NEW FEDERAL COURTHOUSE) IN THE
STREET RIGHT OF WAYS OF A PORTION OF I.H. 37 AND SHORELINE
FOR THE CONSIDERATION OF THE GENERAL SERVICES
ADMINISTRATION CONSTRUCTING, INSTALLING AND MAINTAINING
THE IMPROVEMENTS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or designee, is authorized to execute a Use
Privilege Agreement with the United States General Services Administration for the right
to construct, install and maintain enhanced pedestrian walkways, retaining walls
landscaping, and architectural lighting (in association with the new Federal Courthouse)
in the street right of ways of a portion of I.H. 37 and Shoreline for the consideration of the
General Services Administration constructing, installing and maintaining the improvements.
A copy of the Use Privilege Agreement is on file with the City Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and
(2) suspends the Charter rule that requires consideration of and voting upon ordinances
at two regular meetings so that this ordinance is passed and takes effect upon first
reading as an emergency measure this the day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved August 16, 2000; James R. Bray, Jr., City Attorney
By:
IS, Senior Assistant City Attorney
-.
H:ILEG.DIRIVERONICA IDDCURTISIMYDOCS\200010RD2000. 1 OOIDDCORDOO_ 1 44
118
17
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 3,2000
AGENDA ITEM: Amending Ordinance No. 023395 And Authorizing The City Manager, Or
His Designee, To Execute An Extension On The Use Privilege Agreement Until February,
2001, With Fulton Construction/Coastcon Corp., A Joint Venture, To Use A Portion Of The
Bayfront Improvements/lH 37 Park "Park Project" As A Construction Yard In Conjunction
With Its Construction Of The New U.S. Federal Courthouse, In Consideration Of Payment
Of $917 Per Month To The Unrestricted Park Trust Fund And Fulton Construction/Coastcon
Corp. Indemnifying Excess Park Construction Costs As Set Out In The Use Privilege
Agreement; And Declaring An Emergency.
ISSUE: The general contractor scheduled to construct the new U.S. Federal Courthouse
has requested an extension on the Use Privilege Agreement (UPA) with the City of Corpus
Christi for utilizing 1.73 acres of City property as a construction yard. The area is
contiguous to the Courthouse site and would provide ready access for the contractor and
sub-contractors and greatly minimize construction-related traffic on the streets with the
immediate area, thereby improving overall traffic safety.
PRIOR COUNCIL ACTION: July 28, 1998 - Council approved a two-year Use Privilege
Agreement to use a portion of the Bayfront Improvements-IH 37 "Park Project" as a
construction yard. (Ord. No. 023395).
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
-
. ~/-../
gel R. Escobar, P.E.
Director of Engineering Services
Attachments:
Copy of Ord. 023395
119
~
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
On July 28,1998 City Council approved by ordinance (Ord. No. 023395) a Two-year Use
Privilege Agreement (UPA) with Fulton Construction Company to use a portion of the
Bayfront Improvements/lH 37 site as a construction yard in conjunction with the on going
construction of the new U.S. Federal Courthouse. Fulton Construction Company is asking
for an extension to the UPA until February, 2001.
Fulton Construction Company is requesting the UPA extension of the construction yard in
order to finish the work they are doing on the U.S. Federal Courthouse. The site requested
by the contractor for a construction yard is that portion of the Bayfront ImprovementsllH
37 Park east of Chaparral Street. It ties directly to the new Courthouse site and, for that
reason, provides unimpeded access for construction purposes. Additionally, the site would
substantially reduce construction-related traffic moving from an oft-site construction yard
to the construction site.
The purposed extension of the UPA provides for the contractor to pay the City an $917 per
month for a period of up to six (6) months until February, 2001, for a total of $5,502.00.
Upon completion of the new Courthouse, the construction yard would be dismantled and
the site conditions restored. The City will then bid the park development for the site. The
UPA requires Fulton Construction Company to pay for any park improvements in excess
of $130,000.
Additionally, the contractor must meet the normal tenms and conditions of the City's UPA
as well as the added conditions regarding the need for maintaining the construction yard
in a neat and orderly fashion without visible trash, paper and other unsightly debris.
120
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR IDS DESIGNEE, TO
EXECUTE AN UP TO TWO-YEAR USE PRIVILEGE AGREEMENT, WITH
FULTON CONSTRUCTION/COASTCON CORP., A JOINT VENTURE, TO
USE A PORTION OF THE BAYFRONT IMPROVEMENTS-IH 37 PARK
[GATEWAY PARK) "PARK PROJECT" AS A CONSTRUCTION YARD IN
CONJUNCTION WITH ITS CONSTRUCTION OF THE NEW U.S.
FEDERAL COURTHOUSE, IN CONSIDERATION OF PAYMENT OF $917
PER MONTH TO THE UNRESTRICTED PARK TRUST FUND AND
FULTON CONSTRUCTION/COASTCON CORP. INDEMNIFYING EXCESS
PARK CONSTRUCTION COSTS AS SET OUT IN THE USE PRIVILEGE
AGREEMENT; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is authorized to execute an up to two-
year Use Privilege Agreement, with Fulton ConstructionlCoastcon Corp., a Joint Venture, to use a
portion of the Bayfront Improvements-IH 37 Park [Gateway Park] "Park Project" as a construction
yard in conjunction with its construction of the new U.S. Federal Courthouse, in consideration of
Fulton ConstructionlCoastcon Corp. paying $917 per month to the Unrestricted Park Trust Fund plus
Fulton ConstructionlCoastcon Corporation's further consideration to indemnify the City for excess
park construction costs as set out in the Use Privilege Agreement. A copy of the Use Privilege
Agreement is attached hereto as Exhibit "A" and incorporated herein.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that~~ ~dinance is Used and shall take effect upon first reading as an
emergency measure this the II day of T~ ' 1998.
ATTEST: THE CITY OF CORPUS CHRISTI
-~ ~i-N~?If
LEGAL FORM APPROVED :t.8 6'"-' 0 0
,1998: JAMES R. BRAY, JR., CITY ATTORNEY
By: ~
Alison Gallaw
AG\9815000.s '8
O!3395
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-,
AN ORDINANCE
AMENDING ORDINANCE NO. 023395 BY AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXTEND UNTIL FEBRUARY 1,2001,
THE 24 MONTH USE PRIVILEGE AGREEMENT (AUTHORIZED BY
ORDINANCE NO. 023395) WITH FULTON CONSTRUCTIONICOASTCON
CORP., A JOINT VENTURE, TO USE A PORTION OF THE BAY FRONT
IMPROVEMENTSJlH 37 PARK [GA TEWA Y PARK] "PARK PROJECT" AS
A CONSTRUCTION YARD IN CONJUNCTION WITH ITS CONSTRUCTION
OF THE NEW U.S. FEDERAL COURTHOUSE, IN CONSIDERATION OF
PAYMENT OF $917 PER MONTH TO THE UNRESTRICTED PARK TRUST
FUND AND INDEMNIFYING EXCESS PARK CONSTRUCTION COSTS AS
SET OUT IN THE AGREEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That Ordinance No. 023395 is hereby amended by authorizing the
City Manager, or his designee, to execute an extension of the Use Privilege Agreement
until February 1,2001, with Fulton Construction/Coastcon Corp., a Joint Venture, to use
a portion of the Bayfront Improvements-IH 37 Park [Gateway Park] "Park Project" as a -
construction yard in conjunction with its construction of the new U.S. Federal Courthouse,
in consideration of Fulton Construction/Coastcon Corp. paying $917 per month to the
Unrestricted Park Trust Fund and Fulton Construction/Coastcon Corporation agreeing to
indemnify the City for excess park construction costs as set out in the Use ~rivilege
Agreement. A copy of the Use Privilege Agreement and a copy of the Extension are
attached hereto as Exhibits "A" and "B", respectively, and incorporated herein.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary forthe efficient and effective administration of City affairs and
(2) suspends the Charter rule that requires consideration of and voting upon ordinances
at two regular meetings so that this ordinance is passed and takes effect upon first
reading as an emergency measure this the day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
ORM APPROVED August 3,2000; JAMES R. BRAY, JR., CITY ATTORNEY
~
By:
rtis, Senior Assistant City Attorney
11:\LEG-DJR\ VERONICA\DDCUR TIS\M YD( KS\.2000\1 JSE~? .Al'iR\DoylcL'\I:ullllll_ wpd
Corpus Christi, Texas
day of
,2000.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
. THE CITY OF CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
H :ILEG-DIRI VERONICA IDDCURTISIMYDOCSIlOOOIUSEPRIV .AGRIDuylcL\FultUl" wpd
123
2
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS 3
COUNTY OF NUECES 3
That the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized Deputy City Manager, George K. Noe, in accordance with
Article IX, Section 1, Corpus Christi City Charter, in consideration of: (a) $917 per month
payable upon execution of this Use Privilege Agreement and monthly in advance
therafter, and extending for a period up to twenty-four (24) months, and (b)
Permittee's covenants expressed in this Agreement has granted and conveyed and by
these presents does grant and convey upon the condidtions hereinafter stated unto
FULTON CONSTRUCTION/COASTCON CORPORATION, A JOINT VENTURE
("Permittee"), 5656 South Staples Street, Suite 100, Corpus Christi, Nueces County,
Texas, for Use Privilege Improvements consisting of a construction laydown/storage
yard for the purpose of staging men, equipment and material used in conjunction
with and in suppport of the construction of the new United States Federal
Courthouse at 1101 North Shoreline Drive, City of Corpus Christi, Nueces County
Texas ("Use Privilege Improvements"). The area where the Use Privilege
Improvements will be used is described as that piece of City property lying between the
east right-of-way (ROW) of Chaparral Street and Water Street and the north ROW of the
westbound lane of IH 37 and south ROW of Belden Street, within the City of Corpus
Christi, Nueces County, Texas.
TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns,
together with the right under these conditions, at any time to enter upon the above
described right-of-way to maintain the Use Privilege Improvements, and it is further
understood that the use privilege is granted subject to Owner's compliance with the
following conditions:
A. This Use Privilege Agreement ("Agreement") may be revoked at any time
upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager,
or designee ("City Manager").
B. TO THE EXTENT ALLOWED BY TEXAS LAW, OWNER, ITS OFFICERS,
MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (HEREINAFTER
CALLED "OWNER") HEREBY FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE
CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND
INVITEES ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING,
WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR
DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY
MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY
124
MANNER CONNECTED WITH CONSTRUCTION, INSTALLATION, EXISTENCE,
OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE
USE PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING
SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY
NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNER MUST, AT ITS OWN
EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR
SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON
WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM
ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS.
C. Owner must acquire and maintain commercial general liability insurance
pertaining to the Use Privilege Improvements and the activities related to the Use
Privilege Improvements authorized by this Agreement, in the minimum amounts set forth
in the attached and incorporated Exhibit B. Said insurance policies must show the City as
a named additional insured. Upon City Manager's written request, Owner shall provide
copies of all insurance policies to the City Attorney_ Said policies may not be canceled,
renewed, or materially changed without 30 days advance written notice to the City's
Director of Engineering Services, or designee ("City Engineer").
D. Permittee's use of the Use Privilege Improvements must not interfere with
City's construction, operation, repair, replacement, or maintenance of any existing or future
proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities
currently located in said rights-of-way) needs access to the rights-of-way, Permittee must
pay for removing or relocating the Use Privilege Improvements to allow access to the
utility lines for repair, replacement, or maintenance of the utility lines. The Permittee must
repair the Use Privilege Improvements to their original condition or remove the Use
Privilege Improvements at which time this Agreement terminates immediately.
E. Permittee must not close or barricade a public street, or any portion of the
public street, to install, repair, or maintain the Use Privilege Improvements until the
Permittee or his contractor has filed an approved traffic control plan with City's Traffic
Engineering Office.
. F. Permittee must pay to maintain or repair the Use Privilege Improvements
at all times, regardless of the type of damage that may occur, within 30 calendar days of
notice of damage to Permittee. Failure to do so terminates this Use Privilege Agreement
immediately.
G. Permittee must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
H. Permittee must not assign this Agreement without City's prior written consent.
.-
I. Permittee must submit a set of construction drawings to the City Engineer
125
for any proposed work two weeks prior to onset of construction. The drawings must show
the depth and location of the proposed construction and distance from the existing water,
storm water, wastewater and gas lines.
J. Permittee must verify depth and location of existing Water, Wastewater, Gas,
C.P.& L., and S.W.B.T. lines, as well as ASCI, KMC, CSW, CAPROCK, and Metro Access
Networks (MAN), communication fiber optic cables. Prior to the start of any excavation,
the Permittee or Permittee's Agent must call the Texas One Call System (1-800-245-4545),
1-800-DIG-TESS and Lone Star Notification Center (1-800-669-8344) for locations of
existing utilities. A City Inspector may request a utility line be uncovered to verify its depth
or location.
K. Permimttee must not begin work without 24 hours prior notice to the C.P.&
L, S.W.B.T., Water, Gas, and Wastewater Divisions along with the ASCI, KMC, CSW,
CAPROCK, and MAN communication fiber optic companies.
L. Permittee must properly tamp backfill around existing utilities in accordance
with the City of Corpus Christi Standard Specifications, including City Water Distribution
System Standards.
M. If damage occurs to any gas, storm, water or wastewater line, as determined
by the City's representative, a City Gas, Water, or Wastewater Division crew will be
brought in and allowed immediately to make all repairs. All City's costs (labor and
materials) associated with the repairs must be paid by the Permittee within 30 days of City
Manager's invoice thereof. City's representatives will determine the extent of damage and
amount of repairs to the utility line(s).
N. Work around any existing water main must be done under the inspection of
a Water Division Inspector at a daily rate of $270.23 for each day spent inspecting
construction, maintenance, repair, replacement or relocation of the Use Privilege
Agreement Improvements pursuant hereto. A half-day (4 hours) or more of work
constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours
a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $50.67 an
hour. Owner must pay these funds to the City of Corpus Christi, Water Department.
These amounts will be adjusted annually on August 1 to reflect any pay increase.
O. Permittee must take every precaution not to disturb the soil surrounding any
existing water or wastewater line, including all thrust blocks.
P. Damage to driveways, culverts, head walls and any other structure, public
or private, must be repaired by the Permittee at his expense within 30 days after being
notified of damage to same.
Q. Permittee must not store or leave any equipment or material in City right-of-
way overnight.
126
-
R. Permittee must notify Street Superintendent (512-857-1940) 24 hours prior
to starting work, and must have a representative present during backfilling and pavement
repairs.
S. The Contractor must provide proper safety and security devices to prevent
possible injuries or accidents. No open trenches or pits are to be left overnight. All
trenches must be backfilled promptly, the backfill properly compacted, surface restored,
and the work done in a neat and workmanlike manner.
T. Permittee may not leave bore pits open longer than 14 calendar days
regardless of location. Barrell type barricades, approved by City's Traffic Engineering
Office, will be placed adjacent to all open pits.
U. Because the Use Privelege Area is in full view of the public, it must be
maintained in neat and orderly fashion without visible trash, paper and other unsightly
debris.
V. Permitte shall restore the Use Privilege Area to its original condition prior to
construction of the deferred Bayfront Improvements - IH-37 (Gateway Park) in accordance
with the plans and specifications included in the attached and incorporated Exhibit A.
W. It is acknowledged that at the conclusion of Permittee's use of the area of the
Use Privilege Improvements, City intends to cause to be constructed in said area the
imprvements described in Exhibit "A." Permittee will probide the City Engineer with 60 days
notive of the date for termination of the Use Privilege Agreement. Upon receipt of that
notice, the City Engineer will commence the process to solicit bids in accordance with
State Law for The Bayfront Improvements: IH-37 Park Improvents shown on Exhibit "A."
In further consideration of the City granting this Use Privilege Agreement, Permitte agrees
to indemnify the City for any amount by which the lowest responsible bit exceeds
$130,000.
NOTE: All references herein to Permittee include Permittee's contractor(s),
agent(s), and employee(s) if applicable.
127
Exhibits:
A.
Bayfront Improvents - IH-37 Park (Gateway Park): Terms for
construction and plans/specifications.
Insurance
-,
B.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents
to be executed on this the day of , 2000.
ATTEST:
CITY OF CORPUS CHRISTI
By:
City Secretary
George K. Noe , Deputy City Manager
APPROVED AS TO LEGAL FORM:
July 14, 2000
By:
Doyle D. Curtis, Senior Assistant City Attorney
Acknowledgment
THE STATE OF TEXAS 9
COUNTY OF NUECES 9
This instrument was acknowledged before me on
by George K. Noe, as Deputy City Manager of the City of Corpus Christi,
Municipal Corporation, on behalf of said corporation.
,2000,
a Texas
Notary Public, State of Texas
128
.~..
.-t..:~
The above Grant and Privilege is here by accepted this the day of
, 2000, by Philip C. Skrobarczvk , Fulton
ConstructionlCoastcon Corporation, A Joint Venture, the Grantee herein, and Grantee
agrees to keep and perform the conditions imposed by the Use Privilege Agreement and
Williams Communications, Inc, is bound by all of the terms of the same. A current
Certificate of Corporate Resolution, authenticated by an authorized officer of said
corporation, is attached which shows that said Attorney In Fact has authority to execute
this Agreement on behalf of said corporation.
By:
Name: Philip C. Skrobarczyk
Title: Vice-President
Acknowledgment
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2000,
by Philio C. Skrobarczvk ,as Vice-President, of Fulton
Construction/Coastcon Corporation, A Joint Venture, on behalf of a Texas
partnership (corporation).
Notary Public, State of Texas
Printed Name:
Expiration Date:
129
18
AGENDA MEMORANDUM
July 27, 2000
AGENDA ITEM:
Ordinance approving the amount of $153,384.44 as sufficient funds be accepted in lieu of the
half street construction of Strasbourg Drive and Loire Boulevard with supporting public utility
infrastructure from King's Crossing Realty, Ltd. as the developer's contribution required by
the development of King's Crossing Unit 13, Block 2, Lot 1; and establishing a City interest-
bearing account in the Infrastructure Trust Fund to deposit the developer's contribution and
restricting said monies for the completion of "improvements" at the time of platting and
development of the properties directly adjacent to and abutting the secured "Improvement"
opposite King's Crossing Unit 13, Block 2, Lot 1; and declaring an emergency.
ISSUE: The interest of the public is best served by delaying the half street construction of
Strasbourg Drive and Loire Boulevard with supporting infrastructure improvements that
directly abut the platted property known as King's Crossing Unit 13, Block 2, Lot 1.
REQUIRED COUNCIL ACTION: Council must approve the amount of money paid as cash
in lieu of half street construction.
(
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
. ~v.-I 8/10#
. Escobar, P.E.
irector of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Background Information
Paving and Utilities Plan
Supporting Cost Estimates
131
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
King's Crossing Unit 13, Block 2, Lot 1 is a 10.412 acre tract that is being platted from a portion
of Lots 19 & 20, Section 10, Flour Bluff & Encinal Farm & Garden Tracts for the purpose of
developing a residential subdivision. The Staff recommendations for the platting of this
property required the dedication and construction of a half-street construction of Strasbourg
Drive and Loire Boulevard, an approximate 999-foot extension of street pavement with
supporting water and storm water improvements. See Exhibit B (Paving and Utilities Plan).
Strasbourg Drive will be a Type C2 Collector Street (48' B,B in a 70-foot right of way). Loire
Boulevard will be a Type C1 Collector Street (40' B,B in a 60-foot right of way). The Planning
Commission approved the plat containing the two half streets on the basis that it will be
practical to require the dedication of the other halves when the adjoining property is platted.
Staff has determined, however, that the best interests of the public will be served if
infrastructure construction is delayed until such time that the full right-of,way width of the
sections of Strasbourg Drive and Loire Boulevard can be constructed. The Developer is willing
to make payment on a cash in lieu of construction for his share of the infrastructure
construction required in the street rights-of-way. This delayed arrangement can be entered into
because the platted property will have water service, sanitary sewer service and access to
existing street infrastructure as required by the Platting Ordinance. The Director of Engineering
Services has determined that City participation by payment into the Infrastructure Trust Fund
by the City is not required. See Platting Ordinance, Section IV.A.12.c.
The delayed construction improvements for Strasbourg Drive includes an approximate
pavement length of 469 feet, and for Loire Boulevard an approximate pavement length of 530
feet, both with supporting water and storm drainage service typically found in a Collector Street
Right-of-Way. Exhibit B (Paving and Utilities Plan) and Exhibit C (Supporting Cost Estimates)
provide technical data and costs, respectively, for the two half streets for which the Developer
is providing cash in lieu of construction. The Developer's contribution has been established
at $79,446.00 for Strasbourg Drive improvements and $73,938.44 for Loire Boulevard
improvements, totaling $153,384.44.
This Ordinance will relieve King's Crossing Realty, Ltd., from any future obligation to construct
any of the aforementioned public improvements as it relates to King's Crossing Unit 13, Block
2, Lot 1.
II Exhibit A II.
Page 1 of 1
132
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PAVING AND UTILITIES PLAN
STRASBURG DRIVE & LOIRE BOULEVARD
ONE HALF STREET CONSTRUCTION DEFERRED 133
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D\TE: 08-15-00
SCALE: N T S
EXHIBIT B
STREET DEFERMENT COST ESTIMATE FOR
LOT 1, BLOCK 2
KING'S CROSSING UNIT 13
8/15/r-
ITEM DESCRIPTION . QUANTITY UNIT UNIT TOTAL
..-...--- .
. . PR'CE COST
STRASBOURG DRIVE IMPROVEMENTS 70' R.O.W. 48' B,B-: .
- - -~-_..._'-_.._- - ---
A PAVING IMPROVEMENTS:
--~- . $450.00 '
1 : Cle?r and Grub Right of Way 1.49 I AC . $670.50
"
2 . Roadway Excavation 4,356 ' CY $2.40 ; $10,454.40
." ,
3 2" HMAC Including Prime Coat 4,390 ' SY $4,50, $19,755.00
4 18" Cement Stabilized Caliche Base : 4,390 SY $7.00 . $30.730.00
5 '12" Lime Stabilized Subgrade , 5,202 : SY $4.50 : $23,409.00
6 : 6" "l" Curb . 1,727 LF $8.00 ' $13.816.00
7 4' Concrete Sidewalk , 6,248 SF $2.70, $16,869.60
, , I
,PAVING SUB,TOTAL: . . , i , $115,704.50
, I
B. WATER IMPROVEMENTS . , !
1 8" PVC C,900 844 LF : $15.00 $12,660.00
---
2 6" PVC C,900 32 EA $13,50 $432.00
3 ..8" Gate Valve & Box . , 3i EA $670.00 : $2.010.00
4 ,6" Gate Valve & Box : , 3, EA I $560.00 I $1,680.00
5 18"x6" Ductile Iron Tee 3 i EA $280.00 ' $840Jl..0
6 ! 8" Cap w/2" Blowott Valve . 1, EA $250.00 , $2,
7 'Fire Hydrant I : 2: EA $1,200.00 ' $2.40... .,J
8 '6"x90 Degree M.J. Anchor Bend i 2 EA ! $225.00 I $450.00
9 .6"x30" Swivel to Solid Adapter 2' EA . $225.00 . $450.00
, ! ,
,WATER SUB,TOTAL: , $21,172.00
. I
, , ,
,
C STORM SEWER IMPROVEMENTS . , , !
, $9,580.00
1 21" RCP 479 LF $20.00 i
2 5' Slot Inlet 1 EA $1,350.00 . $1,350.00
i i
STORM SEWER SUB,TOTAL i , $10,930.00
, ' U___. I !
STRASBOURG SUB,TOTAL IMPROVEMENTS COST: , I $147,806.50
,
i Engineering i , I $11,085.49
, , ,
STRASBOURG TOTAL IMPROVI:ME;~:r.c:OST: i $158,891.99
i ! ,
LOIRE BOULEVARD (60' R.O.W. 40' B-BAL.Qt,j(;_c:H_URCH PROPERTY LINE) I ,
I
A. PAVING IMPROVEMENTS: I i :
.-2..J..Clear and Grub Right of Way , , 0.80 AC , $450.00 ! $360.00
".~--- ---------r---..--~-~_~__~~__
2 : Roadway Excavation 2,928 CY ! $2.40 , $7,027.20
.~--~--
_3 2" HMAC Including Prime Collt ,__ ".____2.?\1 SY $4.50. $10,534.50
"- "
4 8" Cement Stabilized Caliche Base 2.341 . SY $7.00 $16,387.00
5 10" Lime Stabilized Subgraeje 2,731 I SY $4.00 $10,924.00
- - - n___ 0___ ~---- 1----
6 6" "l" Curb 1,162 i LF $8. 00 ' $9,29'
-------.-... $2,70 $12,54-
7 4' Concrete Sidewalk , 4.646 ' SF
1
134
EXHIBIT C
.-
STREET DEFERMENT COST ESTIMATE FOR
LOT 1, BLOCK 2
KING'S CROSSING UNIT 13
8/15/00
-
_~,. . Street Sign, g" Blade , I 1 ! EA , $750.00 I $750.00
, ! , ! i
;
------" DESCRIPTION QUAN. UNIT'
ITEM , QUAN. + · UNIT , TOTAL
._- -._"-
10% PRICE , COST
PAVING SUB,TOTAL: , i i 1 $67,822.90
, " " I I
B. WATER IMPROVEMENTS: , , , I
I I i
1 i8" PVC C,900 I 1,100 I LF I $15.00 ! $16,500.00
,
2 ! 6" PVC C-900 . 242 : EA I $13.50 i $3,267.00
3 ,8" Gate Valve & Box 61 EA I $670.00 i $4,020.00
,
4 16" Gate Valve & Box i 41 EA i $560.00 I $2,240.00
5 '8" Ductile Iron Cross I I 1 i EA i $350.00 i $350.00
6 . 8"x6" Reducer I 1 i EA I $350.00 : $350.00
7 i8"x6" Ductile Iron Tee , 3! EA ; $280.00 i $840.00
,
8 '6" Cap w/2" Blowoff Valve 4 ! EA $250.00 I $1,000.00
g Fire Hydrant , l' EA $1,200.00 i $1,200.00
10 6"x90 Degree M.J. Anchor Bend , 1 ! EA , $225.00 : $225.00
11 i6"x30" Swivel to Solid Adapter , , 11 EA ! $225.00 1 $225.00
12 i 8"x45 Degree Ductile Iron Bend , , 21 EA : $325.00 I $650.00
,
: , I : I
,WATER SUB,TOTAL: i , I ! $30,867. 00
, ,
, , : I I
C. STORM SEWER IMPROVEMENTS (ON,SITE) · , I I I
, ,
1 ,30" RCP I I 5501 LF I $31.00 : $17,050.00
2 '15"RCP : I 281: LF , $20.00 i $5,620.00
3 '4' Dia MH . 31 EA $2,250.00 I $6,750.00
4 '5' Slot Inlet , 71 EA $1,350.00 I $9,450.00
; I , i
,
STORM SEWER SUB,TOTAL: , , , , $38,870.00
I
'LOIRE SUB,TOTAL IMPROVEMENTS COST , , I $137,559.90
, ,
i Engineering I , I $10,316.99
ilO/RE BLVD. TOTAL IMPROVEMENT COST: I , i i $147,876.89
: , I " i I
'DEFERMENT SUMMARY : I I
,
I , I : , I
I Strasbourg Drive Improvements i 1 i I 0.5" $15B,891.99 : $79,446.00
. Loire Blvd. Improvements 1 ! OS $147,876.89 i $73,938.45
~-._~..._- I "
" I I
-~,,-_._- , !
DEFERMEN!J..9TAlL_ I , , I $153,384.44
I i I , 1
'"50% for half of improvements ab,:,ttin.9_ L()t1,jj-'-k~2. _.~~_. ; . !
, ,
2
135
EXHIBIT C
ORDINANCE
APPROVING $153,384.44 (FROM KING'S CROSSING REALTY, LTD.) AS
DEVELOPER'S CONTRIBUTION FOR IN LIEU OF HALF STREET
CONSTRUCTION (WITH SUPPORTING PUBLIC UTILITY
INFRASTRUCTURE) OF STRASBOURG DRIVE AND LOIRE
BOULEVARD, AS REQUIRED BY DEVELOPMENT OF KING'S
CROSSING UNIT 13, BLOCK 2, LOT 1; AND ESTABLISIDNG A CITY
INTEREST -BEARING ACCOUNT IN THE INFRASTRUCTURE TRUST
FUND FOR DEPOSIT OF DEVELOPER'S CONTRIBUTION; AND
RESTRICTING SAID MONIES FOR COMPLETION OF
"IMPROVEMENTS" AT TIME OF PLATTING AND DEVELOPMENT OF
PROPERTIES DIRECTLY ADJACENT TO AND ABUTTING THE
SECURED "IMPROVEMENT" OPPOSITE KING'S CROSSING UNIT 13,
BLOCK 2, LOT 1; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $153,384.44 is approved as sufficient funds in lieu of the half street
construction of Strasbourg Drive and Loire Boulevard with supporting public utility infrastructure
from King's Crossing Realty, Ltd. as the developer's contribution required by the development of
King's Crossing Unit 13, Block 2, Lot I.
-.
SECTION 2. That the City establishes an interest-bearing account in the Infrastructure
Trust Fund for deposit of developer's contribution: and restricts said monies for the completion of
"improvements" at the time of platting and development of the properties directly adjacent to and
abutting the secured "Improvement" opposite King's Crossing Unit 13, Block 2, Lot L
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the _ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
11:\LEG-D1R\ VERONICA\DDCURT1S\MYDOCS\2000\ORD2000.1 OO\DDCOROOCl.142
136
LEGAL FORM APPROVED!'l 11r71;/ ,2000; JAMES R. BRAY, JR., CITY ATTORNEY
By:
H:\LEG-D1R\ VERONIC ^ \DDCURTIS\MYDOCS\2000\ORD2000.1 omDDCORDOO.!~.2
137
19
AGENDA MEMORANDUM
July 27, 2000
AGENDA ITEM:
Ordinance approving the amount of $53,115.11 as sufficient funds be accepted in lieu of the
half street construction of Strasbourg Drive with supporting public utility infrastructure from
King's Crossing Realty, Ltd. as the developer's contribution required by the development of
King's Crossing Unit 13; and establishing a City interest-bearing account in the Infrastructure
Trust Fund to deposit the developer's contribution and restricting said monies for the
completion of "improvements. at the time of platting and development of the properties
directly adjacent to and abutting the secured "Improvement" opposite King's Crossing Unit
13; and declaring an emergency.
ISSUE: The interest of the public is best served by delaying the half street construction of
Strasbourg Drive with supporting infrastructure improvements that directly abut the platted
property known as King's Crossing Unit 13.
REQUIRED COUNCIL ACTION: Council must approve the amount of money paid as cash
in lieu of half street construction.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
tdI ;;; ~-AL-, g'//~"
~ I . Escobar, P.E.
Director of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Background Information
Paving and Utilities Plan
Supporting Cost Estimates
139
.-."
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
King's Crossing Unit 13 is a 10.056 acre tract that is being platted from a portion of Lots 18 &
19, Section 10, Flour Bluff & Encinal Farm & Garden Tracts for the purpose of developing a
residential subdivision. The Staff recommendations for the platting of this property required
the dedication and construction of a half-street construction of Strasbourg Drive, an
approximate 439-foot extension of street pavement with supporting water and storm water
improvements. See Exhibit B (Paving and Utilities Plan). Strasbourg Drive will be a Type C2
Collector Street (48' B-B in a 70,foot right of way). The Planning Commission approved the
plat containing the half street on the basis that it will be practical to require the dedication of
the other half when the adjoining property is platted.
Staff has determined, however, that the best interests of the public will be served if
infrastructure construction is delayed until such time that the full right-of-way width of the
sections of Strasbourg Drive can be constructed. The Developer is willing to make payment
on a cash in lieu of construction for his share of the infrastructure construction required in the
street right-of-way. This delayed arrangement can be entered into because the platted
property will have water service, sanitary sewer service and access to existing street
infrastructure as required by the Platting Ordinance. The Director of Engineering Services has
determined that City participation by payment into the Infrastructure Trust Fund by the City is
not required. See Platting Ordinance, Section IV.A.12.c.
Exhibit B (Paving and Utilities Plan) and Exhibit C (Supporting Cost Estimates) provide
technical data and costs, respectively, for the half street for which the Developer is providing
cash in lieu of construction. The Developer's contribution has been established at $53,115.11.
This Ordinance will relieve King's Crossing Realty, Ltd., from any future obligation to construct
any of the aforementioned public improvements as it relates to King's Crossing Unit 13.
[I Exhibit A ~
Page 1 of 1
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Records cf Nue.:::'es Ccunt}', I<::'.XO$
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PAVING AND UTILITIES PLAN
STRASBOURG DRIVE-ONE HALF STREET CONSTRUCTION DEFERRED
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SCALE: N.. T oS.
EXHIBIT B
STREET DEFERMENT COST ESTIMATE
FOR KING'S CROSSING UNIT 13
ITEM DESCRIPTION
QUANTITY UNIT
TOTAL
COST
STRASBOURG DRIVE IMPROVEMENTS (70' R.WO.W. 48' B-B):
A. PAVING IMPROVEMENTS:
1 Clear and Grub Right of Way
2 Roadway Excavation
3 2" HMAC Including Prime Coat
4 8" Cement Stabilized Caliche Base
5 12" Lime Stabilized Subgrade
6 6" ilL" Curb
7 4' Concrete Sidewalk
8 Street Sign, 9" Blade
0.78 AC
2291 CY
2422 SY
2422 SY
2752 SY
968 LF
3872 LF
2 EA
PAVING SUB,TOTAL:
B. WATER IMPROVEMENTS (Within Strasbourg Drive):
UNIT
PR'CE
$450.00
$2.40
$4.50
$7.00
$4.50
$8.00
$2.70
$750.00
Date: 8/15/00
-
$351.00
$5,498.40
$10,899.00
$16,954.00
$12,384.00
$7,744.00
$10,454.40
$1,500.00
$65,784.80
1 8" PVC C,900 553 LF $15.00 $8,295.00
2 8" Gate Valve & Box 3 EA $670.00 $2,010.00
3 8"x8" Ductile Iron Tee 1 EA $350.00 $350.00
4 8" Cap with 2" Blowoff Valve 1 EA $250.00 $250 .,
5 Fire Hydrant 1 EA $1,200.00 $1,200.
6 8"x6" Ductile Iron Tee 1 EA $280.00 $280.00
7 6"x90 degree M.J. Anchor Bend 1 EA $225.00 $225.00
8 6"x30" Swivel to Solid Adapter 1 EA $225.00 $225.00
WATER IMPROVEMENTS SUB,TOTAL: $12,610.00
C. STORM SEWER IMPROVEMENTS (Within Strasbourg Drive):
1 21" RCP
2 15" RCP
3 5' Slot Inlet
4 4' diameter Man Hole
154 LF
506 LF
3 EA
1 EA
STORM SEWER SUB,TOTAL:
STRASBOURG DRIVE IMPROVEMENTS SUB-TOTAL:
Engineering @ 7.5%
STRASBOURG DRIVE IMPROVEMENTS TOTAL:
STRASBOURG DRIVE DEFERMENT TOTAL:
142
$26.00
$20.00
$1,350.00
$2,250.00
$4,004.00
$10,120.00
$4,050.00
$2,250.00
$20,424.00
$98,818.80
$7,411.41
$106,230.21
$53,115.11
'-,
EXHIBIT C
ORDINANCE
APPROVING $53,115.11 (FROM KING'S CROSSING REALTY, LTD.) AS
DEVELOPER'S CONTRIBUTION FOR IN LIEU OF HALF STREET
CONSTRUCTION (WITH SUPPORTING PUBLIC UTILITY
INFRASTRUCTURE) OF STRASBOURG DRIVE, AS REQUIRED BY THE
DEVELOPMENT OF KING'S CROSSING UNIT 13; AND ESTABLISHING
A CITY INTEREST-BEARING ACCOUNT IN THE INFRASTRUCTURE
TRUST FUND FOR DEPOSIT OF DEVELOPER'S CONTRIBUTION; AND
RESTRICTING SAID MONIES FOR COMPLETION OF "IMPROVEMENTS"
AT TIME OF PLATTING AND DEVELOPMENT OF PROPERTIES
DIRECTLY ADJACENT TO AND ABUTTING THE SECURED
"IMPROVEMENT" OPPOSITE KING'S CROSSING UNIT 13; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $53, 115.11 (from King's Crossing Realty, Ltd.) is approved as the
developer's contribution for the lieu of half street construction of Strasbourg Drive with
supporting public utility infrastructure as required by the development of King's Crossing
Unit 13.
SECTION 2. That the City shall establish an interest,bearing account in the Infrastructure
Trust Fund for deposit of developer's contribution; and City shall restrict said monies for
the completion of "improvements" at the time of platting and development of the properties
directly adjacent to and abutting the secured "Improvement" opposite King's Crossing Unit
13.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and
(2) suspends the Charter rule that requires consideration of and voting upon ordinances
at two regular meetings so that this ordinance is passed and takes effect upon first
reading as an emergency measure this the day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
H:\lEG-OIRWERONICA\DDCURTIS\MYDOCS\2000\ORD2000.1 OO\DDCORDOO.146
143
20
AGENDA MEMORANDUM
August 3, 2000
AGENDA ITEM:
Ordinance approving the amount of $51 ,653.70 as sufficient funds be accepted in lieu of the
half street construction of Patti Drive with supporting public utility infrastructure from
Braselton Land Ventures, Inc.,as the developer's contribution required by the development
of The Village at Dunbarton Oak Unit 1; and establishing a City interest-bearing account in
the Infrastructure Trust Fund to deposit the developer's contribution and restricting said
monies for the completion of "improvements" at the time of platting and development of the
properties directly adjacent to and abutting the secured "Improvement" opposite The Village
at Dunbarton Oak Unit 1, and declaring an emergency.
ISSUE: The interest of the public is best served by delaying the half street construction of
Patti Drive with supporting infrastructure improvements that directly abut the platted
property known as The Village at Dunbarton Oak Unit 1.
REQUIRED COUNCIL ACTION: Council must approve the amount of money paid as cash
in lieu of half street construction.
RECOMMENDATION:
~ .
Staff recommends approval of the ordinance as presented.
it.! ~ -r>~~
, . Escobar, P.E.
irector of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Background Information
Paving and Utilities Plan
Supporting Cost Estimates
145
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
The Village at Dunbarton Oak Unit 1 is a 7.88 acre tract that is being platted out of Lots 3, 4, 13,
and 14, Section 11, Flour Bluff & Encinal Farm & Garden Tracts for the purpose of developing
a residential subdivision. The Staff recommendations for the platting of this property required
the dedication and construction of a half-street construction of Patti Drive, an approximate 504-
foot extension of street pavement with supporting water improvements. See Exhibit B (Paving
and Utilities Plan). Patti Drive will be a Type C1 Collector Street (40' B-B in a 60-foot right of
way). The Planning Commission approved the plat containing the half street on the basis that
it will be practical to require the dedication of the other half when the adjoining property is
platted.
Staff has determined, however, that the best interests of the public will be served if infrastructure
construction is delayed until such time that the full right-of-way width of the sections of Patti
Drive can be constructed. The Developer is willing to make payment on a cash in lieu of
construction for his share of the infrastructure construction required in the street right-of-way.
This delayed arrangement can be entered into because the platted property will have utility
improvements and access to existing street infrastructure as required by the Platting
Ordinance. The Director of Engineering Services has determined that City participation by
payment into the Infrastructure Trust Fund by the City is not required. See Platting Ordinance,
Section IV.A.12.c.
-~- ,
Exhibit B (Paving and Utilities Plan) and Exhibit C (Supporting Cost Estimates) provide technical
data and costs, respectively, for the half street for which the Developer is providing cash in lieu
of construction. The Developer's contribution has been established at $51,653.70.
This Ordinance will relieve Braselton Land Ventures, Inc. , from any future obligation to
construct any of the aforementioned public improvements as it relates to The Village at
Dunbarton Oak Unit 1.
II Exhibit A II
Page 1 of 1
--",
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JOB NO. ""'?UHM
D.\l'E: D8-1S-OO
SCALE: 1-_ 1M.
PAVING AND UTILITIES PLAN
PATTI DRIVE-ONE HALF STREET CONSTRUCTION Ij>gERRED
EXHIBIT B
STREET DEFERMENT COST ESTIMATE Date: 8/15/00
FOR EAST HALF OF PATTI DRIVE IN VILLAGE AT DUNBARTON OAKS UNIT 1
--
ITEM DESCR'PTlON
QUANTITY UNIT
UNIT
PRICE
TOTAL
COST
PATTI DRIVE IMPROVEMENTS:
A PAVING IMPROVEMENTS:
PAVING SUB,TOTAL:
1134 CY $2.50 $2,835.00
1007 SY $6.15 $6,193.05
1007 SY $6.50 $6,545.50
1176 SY $2.90 $3,410.40
503 LF $7.00 $3,521.00
2016 LF $2.00 $4,032.00
1 EA $1,000.00 $1,000.00
$27,536.95
1 Roadway Excavation
2 2" HMAC Including Prime Coat
3 8" Cement Stabilized Caliche Base
4 8" Lime Stabilized Subgrade
5 6" "L" Curb
6 4' Concrete Sidewalk
7 Street Barricade
B. WATER IMPROVEMENTS (Within Patti Drive):
WATER IMPROVEMENTS SUB,TOTAL:
503 LF $21. 00 $10,563.00
2 EA $700.00 $1,400.00
1 LS $2,500.00 $2,500.00
1 EA $350.00 $350.00
2 EA $1,750.00 $3,500.00
2 EA $250.00 $500.r~
2 EA $200.00 $400.L
2 EA $150.00 $300.00
2 EA $500.00 $1,000.00
$20,513.00
1 8" PVC C-900
2 8" Gate Valve & Box
3 Tap Existing Line
4 8" Cap with 2" Blowott Valve
5 Fire Hydrant
6 8"x6" Ductile Iron Tee
7 6"x90 degree M.J. Anchor Bend
8 6"x30" Swivel to Solid Adapter
9 6" Gate Valve w/Box
ONE,HALF PATTI DRIVE IMPROVEMENTS SUB,TOTAL:
Engineering @ 7.5%
$48,049.95
$3,603.75
ONE-HALF PATTI DRIVE IMPROVEMENTS DEFERRMENTTOTAL:
$51,653.70
--,
EXHIBIT C
148
ORDINANCE
APPROVING$51,653.70 (FROM BRASELTON LAND VENTURES, INC.)
AS DEVELOPER'S CONTRIBUTION FOR IN LIEU OF HALF STREET
CONSTRUCTION OF PATTI DRIVE (WITH SUPPORTING PUBLIC
UTILITY INFRASTRUCTURE), AS REQUIRED BY DEVELOPMENT OF
THE VILLAGE AT DUNBARTON OAK UNIT 1; AND ESTABLISHING A
CITY INTEREST -BEARING ACCOUNT IN THE INFRASTRUCTURE TRUST
FUND FOR DEPOSIT OF DEVELOPER'S CONTRIBUTION; AND
RESTRICTING SAID MONIES FOR COMPLETION OF "IMPROVEMENTS"
AT TIME OF PLATTING AND DEVELOPMENT OF PROPERTIES
DIRECTLY ADJACENT TO AND ABUTTING THE SECURED
"IMPROVEMENT' OPPOSITE THE VILLAGE AT DUNBARTON OAK UNIT
1; AND DECLARING AN EMERGENCY.
BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $51,653.70(from Braselton Land Ventures, Inc.) is approved as
the developer's contribution for the in lieu of half street construction of Patti Drive (with
supporting public utility infrastructure),as required by the development of The Village at
Dunbarton Oak Unit 1.
SECTION 2. That the City shall establish an interest-bearing account in the Infrastructure
Trust Fund for deposit of developer's contribution; and City shall restrict said monies for
the completion of "improvements" at the time of platting and development of the properties
directly adjacent to and abutting the secured "Improvement" opposite The Village at
Dunbarton Oak Unit 1.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and
(2) suspends the Charter rule that requires consideration of and voting upon ordinances
at two regular meetings so that this ordinance is passed and takes effect upon first
reading as an emergency measure this the day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
H.\LEG-DIR'VERON1CA\DDCURTIS\MYDOCS\2000\OR02000.1 OO\ODCORDOQ, 147
149
LEGAL FORM APPROVED AUGUST 17, 2000; JAMES R. BRAY, JR., CITY ATTORNEY
-,
By:
rtis, Senior Assistant City Attorney
-."
-
H:\lEG-OIR\VERONICA\DDCURTIS\MYDOCS\2000\ORD20DQ. 1 OO\ODCORDOO.' 47
150
21
CITY COUNCIL
AGENDA MEMORANDUM
August 17,2000
AGENDA ITEM: .
Motion setting a Public Hearing to be held on September 26, 2000 on the November 7,
2000 economic sales tax ballot propositions.
ISSUE:
Subsections of Section 4A, Part 3 of the Development Corporation Act require a public
hearing be held before an election can be held. The Council must set the date for the
public hearing.
BACKGROUND:
The Oty Coundl has formally approved three (3) sales tax proposals under the provisions
of the Development Corporation Act. The proposals would fund a multi-purpose arena
facility, seawall renovation and repair and economic development and will be presented
to the citizens on the November 7th Election Ballot.
Subsection (s) of Section 4, Part 3 of the Development Corporation Act provides:
Before an election may be held under this subsection, a public hearing shall be held in
the city to inform the residents of the dty of the cost and impact of the project or
category of projects. At least 30 days befor the date set for the hearing, a notice of the
date, time, place, and subject of the hearing shall be published in a newspaper with
general circulation in the dty in which the project is located. The notice shall be
published on a weekly basis until the date of the hearing.
Attached are copies of memorandums explaining the need for the Public Hearing.
REQUIRED COUNCIL ACTION:
Setting a public hearing during the September 26, 2000 Regular Council Meeting to
inform residents of the cost and impact of the economic sales tax propositions on the
November 7th Election Ballot.
e K. Noe
uty City Manager
ADDmONAL SUPPORT MATERIAL
7/31/00 and 8/4/00 Memorandums II
151
~
w~ &%~~
= == Chnsti
Memo
"'--"- """-'
To:
From:
Date:
Subject:
Mayor Loyd Neal and City Manager David R. Garcia
George K. Noe, Deputy City Manager
August 4, 2000
Bond Issue Implementation
There are a number of items remaining to be accomplished relative to the Bond 2000
election in November including the Sales Tax propositions. The purpose of this memo is
to identify those issues and get your guidance on the timing/scheduling of these matters.
1. Public Hearing
Attached is a memo from City Attorney Jimmy Bray identifying the need for the Council to
hold one more public hearing on the bond issue/sales tax issues. It requires advertisement
over a 30 day period. I would recommend that this be accomplished as soon as possible.
I would propose that Council adopt a motion setting the hearing on August 22 and that the
hearing be held on September 26.
2. 4A Corporation
It is my understanding that, while not legally required, it is the Council's desire to form the
4A Corporation and appoint the 5 members of the Board prior to the election. Jimmy is
working on getting the formation paperwork in order and can be ready in August. I would
like some guidance to confirm the desire to schedule this issue and an indication of when
it should be scheduled. It is important that the appointments be handled in a way that
yields a positive outcome. I will rely on your judgement on when the Council is prepared
to take up this matter.
eorge K. Noe
Deputy City Manager
Attachment
cc: Jimmy Bray
Armando Chapa
Mario Tapia
-,
Deputy City Manager's Office
P.O. Box 9277 . Corpus Christi, Texas 78469,9277 . (361) 880,3222 . FAX (361) 880,3839
152
MEMORANDUM
RECEIVED
JUL 31 2000
DEPUTY
MANAGER'S COITY
FFICE
To:
George K. Noe, DejJuty City Manager
Jimmy Bray, City Attorney ~
Public Hearing on Sales Tax Propositions, November 7 Election
From:
Subject:
Date:
July 31, 2000
Subsection (s) of Section 4A of the Development Corporation Act permits a City creating a 4A
corporation to submit a ballot proposition that authorizes the corporation to use the sales tax for "a
specific project or category of projects" which qualifY under 4B but not under 4A. Part 3 of
Subsection (s) provides:
Before an election may be held under this subsection, a public hearing shall be held in the
city to inform the residents of the city of the cost and impact of the project or category of
projects. At least 30 days before the date set for the hearing, a notice of the date, time, place,
and subject of the hearing shall be published in a newspaper with general circulation in the
city in which the project is located. The notice shall be published on a weekly basis until the
date of the hearing.
While both the arena and the seawall can be justified under 4A alone, it is advisable to hold this
public hearing to insure that they are also justified as 4B projects. The general economic
development proposition is not covered by this hearing requirement; however, since a public hearing
will be held anyway, the City might want to use the public hearing to allow public comment on that
proposition as well.
Since the purpose of the public hearing is "to inform the residents of the cost and impact of the
project," the hearing should be commenced with a presentation for that purpose. After that, public
comment should be permitted.
The hearing may be conducted at any time before the election takes place. A notice of the hearing
must be published at least 30 days before the hearing and must be published weekly thereafter until
the hearing.
Staff should review the Council calendar to recommend a date for the public hearing. If Council
were to set an election date at its next meeting on August 22, the hearing could be conducted during
any regular Council meeting starting September 26.
cc:
David R. Garcia
Tom Utter
Jorge Garza
Ron Massey
Armando Chapa
Mario Tapia
OJRB050I.OII
153
22
~-
AGENDA MEMORANDUM
August22,2000
SUBJECT: Corpus Christi International Airport ARFF Truck Replacement
AGENDA ITEM:
. 1a. Resolution authorizing City Manager, or designee, to accept the Federal Aviation
Administration Grant No. 3-48-0051-30-00 in the amount of $504,000 for the purchase
of a replacement ARFF Truck with Extendible Elevated Waterway, Driver's Enhanced
Vision System (DEVS) and Personal Protective Clothing.
. 1b. Ordinance appropriating $504,000 from Federal Aviation Administration Grant No.
3-48-0051-30-00 and appropriating it in the No. 3020 Airport Capital Improvement Fund
for the purchase of a replacement ARFF Truck with Extendible Elevated Waterway,
Driver's Enhanced Vision system (DEVS), and Personal Protective Clothing; and
declaring an emergency.
ISSUES:
The Federal Aviation Administration (FAA) issued grant offer number 3-48-0051-30-00 to
the City on Friday, July 21, 2000 for discretionary funding, as authorized by Title 49 United
States Code, under the Airport Improvement Program to fund the purchase of a
.- replacement ARFF truck with Extendible Elevated Waterway, Driver's Enhanced Vision
System (DEVS), and Personal Protective Clothing. The FAA Grant offer must be accepted
and returned to the FAA prior to September 1,2000. Accepting and appropriating the grant
is needed to award future equipment purchase contracts. The ARFF truck that is being
replaced has become mechanically unreliable and expensive to maintain.
RECOMMENDATION: Approval of the Resolution and Ordinance as presented.
s;;: ?,~
e G. Garza,
Interim Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
155
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PROJECT DESCRIPTION: Replace an existing Aircraft Rescue Firefighting (ARFF)
vehicle with a new 1500-gallon ARFF vehicle with high reach extendible turret and
penetrating nozzle and Driver's Enhanced Vision System (DEVS), and personal protective
clothing.
BACKGROUND: The Aviation Department was notified by the FAA on April 19, 2000, that
the FAA was preparing to offer a discretionary grant (No. 3-48-0051-30-00) for a
replacement Aircraft Rescue Firefighting (ARFF) vehicle, to include ARFF personnel
protective clothing (PPC), an extendible elevated waterway, DEVS, and dependant upon
the total bids received, retrofitting our most recently acquired fire truck with a DEVS. On
Monday, July 24, 2000 the Grant offer was received by the Aviation Department. $504,000
in FAA FY 2000 Discretionary Funds and $56,000 from the Airport Capital Projects fund
is the anticipated amount needed for the entire project. The ARFF vehicle being replaced
has become mechanically unreliable and expensive to maintain. This replacement vehicle
is necessary for CCIA to maintain its FAA mandated Index for Aircraft Rescue and
Firefighting response capability. CCIA ARFF vehicle and PPC specifications were
reviewed and approved by the FAA.
BID INFORMATION: In an effort to reduce costs the Grant was broken into two separate
bids. The ARFF Vehicle replacement project with an extendible elevated waterway was
the base bid. The first add alternate was equipping the vehicle with a DEVS. The second
add alternate was retrofitting our most recently acquired ARFF truck with a DEVS. The
second bid was for the Personal Protective Clothing (PPC). The City advertised for bids on
these items on July 7, 2000. Bids on the personal protective clothing were opened on
August 16, 2000. Bids on the truck will be opened on Wednesday, September 6, 2000.
PRIOR COUNCIL ACTION: On July 25, 2000, Council approved the first reading of the
FY 00/01 CIP budget.
FUTURE COUNCIL ACTION: Council agenda items will be prepared to award the
equipment contracts.
BOARD/COMMITTEE REVIEW: The resolution to accept the grant offer and the ordinance
to appropriate was reviewed and recommended by the Airport Board August 16, 2000.
-,
156
II EXHIBIT A II
Page 1 of 1
1
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT
FEDERAL A VIATION ADMINISTRATION GRANT NUMBER3-48-0051-30-
00 IN THE AMOUNT OF $504,000 FOR THE PURCHASE OF A
REPLACEMENT ARFF TRUCK WITH EXTENDIBLE ELEVATED
WATERWAY, DRIVER'S ENHANCED VISION SYSTEM (DEVS), AND
PERSONAL PROTECTIVE CLOTHING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI. TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to accept Federal Aviation
Administration Grant Number 3,48-005 I ,30-00 in the amount of $504,000 for the purchase of a
replacement ARFF Truck with Extendible Elevated Waterway, Driver's Enhanced Vision System
(DEVS), and Personal Protective Clothing.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr.
Mayor, The City Of Corpus Christi
Legal Form Approved onA'slJ,501:; IS
James R. Bray Jr., City Attorney
2000:
By: ~ ~-~
Bryn Meredith
Assistant City Attorney
BmresOO.OOS
157
ORDINANCE
APPROPRIATING $504,000 FROM FEDERAL AVIATION
ADMINISTRATION GRANT NO. 3-48-0051-30-00 IN THE NO. 3020
AIRPORT CAPITAL IMPROVEMENT FUND TO PURCHASE A
REPLACEMENT ARFF TRUCK WITH EXTENDIBLE ELEVATED
WATERWAY, DRIVER'S ENHANCED VISION SYSTEM (DEVS), AND
PERSONAL PROTECTIVE CLOTHING; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. That $504,000 from Federal Aviation Administration grant number 3-48-
0051-30-00 is appropriated in the No. 3020 Airport Capital Improvement Fund to purchase a
replacement ARFF truck with Extendible Elevated Waterway, Driver's Enhanced Vision system
(DEVS), and Personal Protective Clothing.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the ._
Charter rule that requires consideration of and voting upon ordinances at two regular meetings s .
that this ordinance is passed and takes effect upon first reading as an emergency measure this tht.
_ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L Neal, Jr., Mayor
LEGAL FORM APPROVED ~r \ y ,2000; JAMES R. BRAY, JR., CITY ATTORNEY
By:
..il -
,,,,~~.y
Lisa Aguilar, ssistant City Attorney
158
23
AGENDA MEMORANDUM
August22,2000
AGENDA ITEM:
1. Resolution authorizing City Manager, or designee, to accept Federal Aviation
Administration Grant No. 3-48-0051-29-00 in the amount of $69,636 for the construction
of airfield access roads.
2. Ordinance appropriating $69,636 from Federal Aviation Administration Grant No. 3-48-
0051-29-00 and $7,737 from the Airport's 4610 operating capital reserve fund to the No.
3020 Airport Capital Improvement Fund for construction of airfield access roads; amending
the CIP budget, currently under consideration by Council, by adding $9,636 to the
Grant/FAA Source of Funds and $737 to the Airport Capital Reserves Source of Funds; and
declaring an emergency.
ISSUE: The possibility to reduce vehicular traffic on the Airport's aircraft movement areas
and increase safety was identified during Runway Incursion Action Team meetings and by
the FAA region's lead safety inspector. The Airport submitted a grant application for this
project. The FAA then notified the Airport that they were preparing a discretionary grant for
the project from federal FY 99/00 funds. We received the grant offer on August 14, 2000
and must accept the grant by September 1, 2000.
FUNDING: Funding for the City portion of the project, $7,737, is available in the Airport's
operating capital reserves Fund.
RECOMMENDATION: Staff recommends approval of the Resolution and Ordinance as
presented.
~? .---
Jo . Garza,
Interim Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
159
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PROJECT DESCRIPTION: This project will construct a two-lane access road on the
airfield which will be approximately 480-feet long and extend between the East General
Aviation Apron and the North Apron. If funding allows, this project will also construct a two-
lane access road approximately 820-feet long between the Commercial Apron and the
West General Aviation Apron. These roads will be bid as a base bid and an alternate in
order to determine funding availability.
BACKGROUND: The layout of Corpus Christi International Airport (CCIA) requires that
equipment and vehicular traffic relocating from the Commercial Apron and East General
Aviation non-movement areas to either the north ramp or the West General Aviation ramp
transverse active movement areas. This results in a substantial amount of ground radio
traffic, an increased workload on the FAA Air Traffic Controllers, and the potential of
Foreign Object Debris/Damage (FOD) contamination. It also increases the potential for
incursions, incidents, and accidents between ground vehicles and aircraft.
During Runway Incursion Action Team (RIAT) meetings held on April 6 and April 27, 2000,
the Corpus Christi FAA requested that CCIA construct access roads in order to limit the
vehicles which routinely require access to the active movement areas of the airport.
During a certification inspection on March 21,24, 2000, the region's lead Airport
Certification and Safety Inspector verbally recommended constructing an access road from
the East General Aviation Apron to the north ramp. He also discussed the road construction
in written comments dated March 30, 2000, stating "To alleviate non-essential ground
vehicle movement from taxiway Alpha, Alpha Four and Alpha Five, we recommend that a
service road between the north end of the east ramp and the specialty hangar be built."
The FAA has offered the City a discretionary grant from their FY 99/00 budget. This grant
must be accepted by the City prior to the end of the current federal fiscal year. Project cost
is estimated to be $77,373. Funding for this project will be $69,636 from the FAA
discretionary grant, and $7,737 from the Airport Capital Reserve Fund. A Resolution to
accept the grant is required by the FAA. The money will also have to be appropriated into
the 3020 fund and the CIP budget will need to be amended by adding the unbudgeted $737
for the City's portion. Additionally, the CIP budget only programmed $60,000 for the
Grant/FAA portion, so it will have to be amended to include the additional $9,636 we are
receiving. In order for the City to accept the grant within the time constraints, an emergency
must be declared.
PRIOR COUNCIL ACTION: On July 25, 2000, Council approved the first reading of the
FY 00/01 CIP budget.
FUTURE COUNCIL ACTION: Council agenda items will be prepared to award the
160
Page 1 of 1
construction contract.
BOARD/COMMITTEE REVIEW: The resolution to accept the grant offer and the ordinance
to appropriate was reviewed and recommended by the Airport Board on August 16,2000.
161
~ EXHIBIT A ~
Page 2 of 1
I
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT
FEDERAL A VIA TION ADMINISTRATION GRANT NUMBER3-48-00SI-29-
00 IN THE AMOUNT OF $69,636 FOR THE CONSTRUCTION OF
AIRFIELD ACCESS ROADS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION I. The City Manager or designee is authorized to accept Federal Aviation
Administration Grant Number 3-48-0051,29-00 in the amount of $69.636 for the construction of
airfield access roads.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal. Jr.
Mayor, The:: City Of Corpus Christi
Legal Form Approved on Au.us.t- IS
James R. Bray Jr., City A;;;/;y
~
2000:
By: ~ 4~K
Bryn Meredith
Assistant City Attorney
BmresOO.006
162
~.
ORDINANCE
AI'PROPRIA TING $69,636 FROM FEDERAL A VIA TION ADMINISTRATION
GRANT NO. 3-48,0051,29,00 IN THE NO. 3020 AIRPORT CAPITAL
IMPROVEMENT FUND; APPROPRIATING S7,737 IN THE NO. 4610
AIRPORT FUND FROM CAPITAL RESERVES AND TRANSFERRING IT TO
AND APPROPRIATING IT IN THE NO. 3020 AIRPORT CAPITAL
IMPROVEMENT FUND; FOR CONSTRUCTION OF AIRFIELD ACCESS
ROADS; AMENDING ORDINANCE NO. 024130, WHICH ADOPTED THE FY
00-01 BUDGET BY ADDING $7,737 TO THE NO. 4610 AIRPORT FUND; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION \. That $69.636 from Federal Aviation Administration grant number 3,48-0051-29-
00 is appropriated in the No. 3020 Airport Capital Improvement Fund and $7.737 is appropriated in the
No. 46\ 0 Airport Fund from Capital Reserves and transferred to and appropriated in the No. 3020
Airport Capital Improvement Fund for construction of airfield access roads.
SECTION 2. That Ordinance No. 024] 30 which adopted the FY 00,0 I Budget is amended by
adding $7.737 to the No. 4610 Airport Fund.
SECTION 3. That upon written request of the Mayor or five Council members. copy
attached. the City Council (I) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule
that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance
is passed and takes effect upon first reading as an emergency measure this the _ day of
.2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa.
City Secretary
Samuel L. Neal. Jr.,
Mayor. City of Corpus Christi
LEGAL FORM APPROVED .A6....~
I, .2000; JAMES R. BRA Y. JR.. CITY ATTORNEY
By:
'IJ;rrz. h
>-/
Lisa Aguilar.. sistant City Attorney
163
24
AGENDA MEMORANDUM
August22,2000
AGENDA ITEM:
1. Resolution authorizing City Manager, or designee, to accept Federal Aviation
Administration Grant number 3-48-0051-31-00, contingent upon receipt of the grant offer,
in the amount of $800,000 for the Terminal Apron Improvements project.
ISSUE: The new terminal concourse will require the construction of commercial apron
adjacent to the new terminal and south of the existing apron to maintain compliance with
the National Fire Prevention Association (NFPA) and Federal Aviation Administration (FAA)
requirements. The Aviation Department submitted a grant application to the FAA and was
subsequently informed by the FAA that there is a possibility of discretionary funding
becoming available for this project in the amount of $800,000 from the federal FY 99/00
budget and in the amount of up to $2,201,696 from the 00/01 budget. Total funding for this
project would be up to $3,001,696 from FAA discretionary grant(s), if offered. The City's
10% portion of total funding for this project, $333,522, is available as follow: $299,522 from
the 4610 Airport's operating capital reserve fund, and $34,000 from the 4621 PFC fund.
This project has been included in an amended PFC application that is currently pending
and, if approved, would allow for reimbursement of the capital reserve fund with PFCs. A
resolution to accept the grant(s), if offered, is required by the FAA. The $800,000 grant,
if offered, must be signed and returned to the FAA by September 1, 2000.
RECOMMENDATION: Staff recommends approval of the Resolution as presented.
~ -:d~__
J '. Garza,
Interim Director of Aviation
ADDIIIQNAL SUPPORT MATERIAL
Exhibit A. Background Information
165
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
August 22, 2000
BACKGROUND:
As part of the approved plan to reconstruct the Terminal Building, a new concourse will be built
south of the existing Terminal and on top of the existing Commercial Apron. Construction of the
Terminal Apron will be completed in phases to accommodate the terminal building construction.
The Commercial Apron will also be extended by approximately 40 feet to the south and the existing
apron taxilane will be relocated. Airfield lighting and signage will be relocated, utilities adjusted,
drainage storage capacity increased (DA,DEF), and new pavement markings applied. Apron
surrounding the new concourse will be reconstructed, extending 50 feet from the building, to meet
NFPA, other code, and drainage requirements. Additional apron pavement areas include new
aircraft parking positions (up to a B727,200 critical aircraft), areas affected by terminal building
demolition, and operations areas to accommodate airline/airport equipment and emergency
vehicles. Apron lighting will be relocated and coordinated with the new Terminal Building.
Impacts of the necessary and FAA-approved new Terminal building construction on the
adjacent Commercial Apron and aircraft operating areas require immediate action. The
Terminal Building will encroach upon the safety requirements of the existing taxilane. The
apron extension to the south is required to provide safe aircraft push and power-back
operations from the new gate positions and to maintain airfield capacity. The replacement
Terminal Building cannot open without constructing portions of apron between the new terminal
building and the existing apron. Replacement of apron pavement surrounding the Terminal
Building is necessary due to utility installation and NFPA code compliance. This includes
maintaining a minimum slope requirement away from the building and matching existing apron
grades. New apron pavement to the north is required for aircraft parking positions. Existing
pavement at the baggage makeup area will require replacement upon completion of
construction activities, and the new pavement must meet drainage requirements. New
pavement is required over grass and demolition areas, including the baggage inbound area, to
provide for airport/airline operations. Apron Lighting must be relocated to provide sufficient
coverage across the new apron area. Expansion of the apron, and the new Terminal Building
itself, will increase the storm water runoff into an existing problematic area (installed in 1958),
and therefore will require increased flow and storage capacities to meet 25-year storm
requirements to the area south of the Commercial Apron. (DA,DEF)
-,
Two construction contracts will be bid for the apron work: one for the majority of the apron
improvements and one for the apron lighting. These will be executed to coordinate with the
terminal construction phasing. Award of the apron construction contract will permit all airlines to
move into the newly constructed concourse prior to complete demolition of the existing
concourses and will minimize disruptions to passenger flow. It will also relieve aircraft
operational congestion on the west commercial apron by providing additional maneuvering
area. The Terminal Apron Reconstruction is necessary to commission the new Terminal
Building and maintain existing design and safety standards (Group IV), safe and efficient aircraft
operations, and existing airfield capacity.
PRIOR COUNC'L ACTION ~
1. May 23 2000 - Motion to authorize City Manager to execute Amendment NO.2 to the
architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc.
in the amount of $180,700 related to the Terminal Apron Construction, Terminal
Reconstruction, and Lift Station Relocation projects. (M2000,153)
166
FUTURE COUNCIL ACTION
Council agenda items will be prepared to accept future grants, appropriate the monies and award
the construction contracts.
BOARD COMMITTEE REVIEW: The resolution to accept the grant offer was reviewed and
recommended by the Airport Board on August 16, 2000.
167
1
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT
FEDERAL AVIATION ADMINISTRATION GRANT NUMBER 3-48-0051-31-
00, CONTINGENT UPON RECEIPT OF THE GRANT OFFER, IN THE
AMOUNT OF $800,000 FOR THE TERMINAL APRON IMPROVEMENTS
PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to accept Federal Aviation
Administration Grant Number 3-48-0051-31,00, contingent upon receipt of the grant offer, in the
amount of $800,000 for the Terminal Apron Improvements Project.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel 1. Neal, Jr.
Mayor, The City Of Corpus Christi
Legal Form Approved on ~J"t IS 2000:
James R. Bray Jr., City Attorney
-,
By: ~ ~I'~
Bryn Meredith
Assistant City Attorney
BmresOO.004
168
25
ORDINANCE STATUS
AGENDA ITEM:
Authorizing the City Manager or his designee to execute four separate five
year farm leases to Kocurek Farms for utilization of 244.12 acres; T. M. and
D. H. Bernsen Farms for utilization of 336.78 acres; McDonough Farms for
utilization of 359.45 acres; and Kelly Farms for utilization of 494.1 acres of
land located at Corpus Christi International Airport, with each lessee paying
a rental fee of $25 per acre per year.
FIRST READING:
July 25, 2000
Passed: 8- 0 (1 absent)
FINAL READING:
August22,2000
COMMENTS:
169
CITY COUNCIL
AGENDA MEMORANDUM
July 25, 2000
AGENDA ITEM: An Ordinance authorizing the City Manager, or designee, to execute four
separate five year fann leases to Kocurek Fanns for utilization of244.l2 acres; T.M. and D.H.
Bernsen Fanns for utilization of 336. 78 acres; McDonough Fanns for utilization of 359.45 acres;
and Kelly Fanns for utilization of 494.10 acres ofland located at Corpus Christi International
Airport, with each lessee paying a rental fee of $25 per acre per year; providing for publication.
ISSUE: Federal Aviation Administration recommends that portions ofthe airfield currently
utilized for agriculture uses be reclaimed from our current lease holder. These reclaimed areas
will be utilized to enhance runway safety by the elimination fanning activities in runway safety
areas and runway protection zones (RPZ). The new lease agreement will additionally
incorporate recent acquisition ofParcel16,B, into the Kelly Fanns lease agreement.
PRIOR/FUTURE COUNCIL ACTION: On April 29, 1997 (Ordinance No. 022915) Council
authorized Amendment No.1 to adjust agriculture leases reducing the total number of acres
being utilized for agriculture leases reducing the total number of acres being utilized for
agricultural uses. On January 25, 2000, Council authorized the acquisition of Parcel 16-B
located east ofFM-763 (Joe Mireur Road).
REQUIRED COUNCIL ACTION: City Council approval is required for the executions of
lease agreements.
RECOMMENDATION: Airport Board approved the lease agreements at their February 9,
2000 meeting.
~f[ ~~GL\.
Bonnie Allin
Director of Aviation
ADDITIONAL SUPPORT MA TERIAL
Background Information X
Contract Summary
Ordinance/resolution X
Map(s) X
170
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
TERM:
5 Years
FINANCIAL $25.00 per acre per year. Additional benefit to the City is that the Lessees
will maintain the area reducing maintenance costs and it will allow the land to stay in agricultura1
production.
INSURANCE: Commercial General Liability, Automobile Liability, Worker's
Compensation, and Employers Liability.
SAFETY/SECURITY: Lessees will comply with all FAA mandated security and safety
requirements.
-
171
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
FOUR SEPARATE FIVE YEAR FARM LEASES TO KOCUREK FARMS
FOR UTILIZATION OF 244.12 ACRES; T.M. AND D.H. BERNSEN FARMS
FOR UTILIZATION OF 336.78 ACRES; MCDONOUGH FARMS FOR
UTILIZATION OF 359.45 ACRES; AND KELLY FARMS FOR
UTILIZATION OF 494.1 ACRES OF LAND LOCATED AT CORPUS
CHRISTI INTERNATIONAL AIRPORT, WITH EACH LESSEE PAYING A
RENTAL FEE OF $25 PER ACRE PER YEAR; PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager. or designee, is authorized to execute four separate five
year Farm Leases to Kocurek Farms for utilization of244.12 acres; T.M. and D.H. Bernsen Fanus
for utilization of336.78 acres: Mcdonough Farms for utilization of359.45 acres; and Kelly FalTIlS
for utilization of 494.1 acres ofland located at Corpus Christi International Airport, with each lessee
paying a rental fee of$25 per acre per year. A copy of the lease is on file with the City Secretary.
SECTION 2. The lease is to begin on the 61" day after City Council approval and will end
on the five year anniversary thereof.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
BmordOO.lll
I
172
26
ORDINANCE STATUS
AGENDA ITEM:
Amending the City of Corpus Christi, Code of Ordinances by revising
Chapter 15, Emergency Management, regarding powers, duties and
responsibilities of the Office of Emergency Management; providing for the
declaration of a local state of disaster, and other emergency orders;
providing for Mayoral designation of certain emergency management
officials, providing for penalties.
FIRST READING:
July 25, 2000
Passed: 6- 0 (3 absent)
FINAL READING:
August22,2000
COMMENTS:
173
CITY COUNCIL
AGENDA MEMORANDUM
Date: Julv 20. 2000
AGENDA ITEM:
A. Ordinance amending the City Of Corpus Christi Code Of Ordinances by revising Chapter 15,
Emergency Management, regarding powers, duties and responsibilities of the Office Of Emergency
Management; providing for the declaration of a local state of disaster, and other emergency orders;
providing for Mayoral designation of certain emergency management officials.
ISSUE: Chapter 15 of the City of Corpus Christi Code of Ordinances has not been updated to reflect
changes in Sta1e and Federal statutes. The ordinance will require revision in order to create unifonnity and
coordinated effort on Local, State and F ederallevels.
BACKGROUND INFORMATION:
Chapter 15 has not been updated since August 25, 1982. The prepared revisions are
highlighted on Attachment A.
Discussion: Because State and Federal Statutes governing Emergency Management have changed,
the ordinance needs to be updated to avoid inconsistency and to ensure the City's program qualifies
for potential funding. TIlls ordinance forms the foundation of the City's Emergency Preparedness
program and will allow further update and revision of1he City Emergency Preparedness Plan. It
establishes better controls on price controls during a disaster and provides limitations on liability
relating to use of shelters and vehicles. The second ordinance establishes the position of
Emergency Management Coordinator in the Compensation Plan. The Emergency Management
Coordinator will report to the City Manager or his designee. The new revised "Preparedness
Standards for Texas Emergency Management" DEM,IOO requires the Mayor or the Emergency
Management Coordinator to complete 244 hours in Emergency Management training.
This ordinance brings our emergency management ordinance up to date. It was the result of a
thorough review. The recommended changes ensure that our officials will have all the tools
available under current State and Federal laws to deal with an emergency situation. Attachment
A explains the actual changes that are being proposed.
Funding:
None
REQUIRED COUNCIL ACTION: Adopt the proposed ordinances.
David R. Garcia
Ci1y Manager
174
ATTACHMENT A - Summary of Proposed Changes to the Code of
Ordinances, Chapter 15 Emergency Management
ARTICLE I - DISASTER RESPONSE (Sections 15-1 through 15-20)
15-1 "Designation and duties of the Emergency Management Director, Deputy
Emergency Management Director, and Emergency Management Coordinator. "
. New Titles: Emergency Management Director (Mayor) and Deputy Emergency Management
Director (City Manager)
. Detailed Line of Succession
. Deputy Emergency Management Director (City Manager) appoints and supervises the
Emergency Management Coordinator and the Office of Emergency Management either
directly or by delegation.
Section 15-2. Powers and Duties of the Office of Emergency Management
Section 15-3. Declaration of disaster.
Section 15-4. Authority to issue orders in the interest of public safety and welfare.
. Authority to evacuate all or part of the population of an area of the City
. Authority to prescribe evacuation routes and modes of transportation
. Authori1y to res1rict access to a disaster area
Section 15-5. Price Gouging Prohibited.
. Definitions: "Necessi1y", "Disaster", "Exorbitant or excessive price", and "Price Gouging"
Sections 15.6 through 15-10 deleted and reserved.
Section 15-13. Offenses and penalties.
Sections 15-14 through 15-20, reserved.
Article II - Emergency Response
Section 15-21. Standard of care for emergency action.
. Definitions of "good faith" and "reasonable and effective"
. Releases from liability the City and City employees' acting in good faith
Section 15-22. Liability. Defines liability of the City and City employees acting in
good faith emergency action.
Section 15-22. No Liability for Operation of Shelters.
. Provides authority for the Ci1y Manager to provide shelters as refuges of last resort
Office of Emergency Management
Ordinance-attach A.doc
Page 1
06/01/00
175
ATTACHMENT A - Summary of Proposed Changes to the Code of
Ordinances, Chapter 15 Emergency Management
. Releases from liability any person who voluntarily and withoU1 compensa1ion grants use of
their premises as a shelter
*Section 15-22. No Liability for Operation of Vehicles Used to Evacuate Residents
*(should be 15,23)
. Provides authority for the City Manager to arrange transportation provided by R T A and
school districts to evacua1e citizens to prearranged shelters in communities outside the
threatened area.
. Gives priority to the elderly, infirm, and individuals without vehicles for assisted evacuation.
. Holds harmless from liability any person operating a vehicle (transporting passengers) to and
from a shelter.
. Holds harmless from liability owners of vehicles who, voluntarily and without compensation,
grant the use of its vehicle(s) while transporting individuals to and from the City as part of an
evacuation program.
Section 15-23. Designation of certain authorized emergency vehicles.
. Establishes authorized emergency vehicles: Director of Public Health, Gas Division, Director
of Safety and Risk Management vehicle, Superintendent ofthe Marina vehicle, Office of
Emergency Managemen1 vehicle, Buses and other vehicles owned and operated by the City,
RTA, school districts and other public entities while used in emergency evacuation program.
SECTION 2
. Ordinance provides authority for the Mayor to:
. appoint the current City Manager as the Deputy Emergency Management Director
. appoint the current Assistant Emergency Management Coordinator as the Emergency
Management Coordina10r
. provide delegation of authority to the positions and not the individual
SECTION 3 - provides authority to punish any violation of this ordinance
SECTION 4-ifany section of this ordinance shall be held invalid, it shall not affect any
other section of this ordinance
S ECTI 0 N 5 - provides for publica1ion of this ordinance
-,
Office of Emergency Management
Ordinance-attach A.doc
Page2176
06/01/00
AN ORDINANCE
AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES
BY REVISING CHAPTER 15, EMERGENCY MANAGEMENT,
REGARDING POWERS, DUTIES AND RESPONSIBILITIES OF THE
OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR THE
DECLARATION OF A LOCAL STATE OF DISASTER, AND OTHER
EMERGENCY ORDERS; PROVIDING FOR MAYORAL DESIGNATION
OF CERTAIN EMERGENCY MANAGEMENT OFFICIALS; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, under the Texas Disaster Act of 1975 ("Act"), Chapter 418 of the Texas
Government Code, the Governor is expressly authorized to issue executive orders,
proclamations, and regulations having the force and effect of law; and
WHEREAS, Executive Order GWB 95-1a expressly designated the Mayor of each
municipal corporation as the Emergency Management Director for the political
subdivision, to serve as the Governor's designated agent in administration and
supervision of the Act, and to exercise the powers, on an appropriate local scale,
granted the Governor therein; and
WHEREAS, Section 7.2, Responsibilities of the Chief Executives, in Volume 37, Texas
Administrative Code, designates the Mayor of each municipal corporation as the
emergency management director for the Mayor's jurisdiction, and allows the Mayor to
delegate authority, but not responsibility, to a subordinate emergency management
coordinator, who will serve as the Mayor's chief of staff; and
WHEREAS, under Article II, Section 6 (c), City Charter of Corpus Christi, the Mayor is
authorized to exercise such other powers, prerogatives, and authority as conferred on
him or her by State law;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Chapter 15 of the Code of Ordinances is revised to read as follows:
"Chapter 15
"Emergency Management
"ARTICLE I -DISASTER RESPONSE
-"SEC.15-1. Designation and duties of the Emergency Management Director,
Deputy Emergency Management Director, and Emergency Management
Coordinator.
R62904M
177
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"(a) As presiding officer of the governing body of the City, directly charged with certain
duties or granted certain powers by the Texas Disaster Act of 1975 ("Act"), and as
ordered by the Governor of Texas under authority of the Act, the Mayor is designated as
the Emergency Management Director for the City of Corpus Christi.
"(b) The line of succession to the Mayor, as presiding officer, for the purpose of
declaring a local state of disaster shall be as follows:
"(1) In the absence of the Mayor, the Mayor Pro Tern shall act as the presiding
officer.
"(2) In the absence of the Mayor Pro Tem, a City Council member shall act as the
presiding officer if elected by the other members of the City Council in
accordance with the City Charter.
"(3) In the absence of a City Council member elected to act as presiding officer,
the City Manager shall act as the presiding officer.
"(4) In the absence of the City Manager, an employee previously designated by
the City Manager may act as the presiding officer.
"(c) The City Manager is designated as the Deputy Emergency Management Director,
and the Mayor delegates to the City Manager the authority needed to carry out the
City's comprehensive emergency management program and the provisions of this
chapter.
"(d) The City Manager is responsible for a program of comprehensive emergency
management within the City.
"(e) The City Manager is encouraged to seek advice from other local governments,
business, labor, industry, agriculture, civic organizations, volunteer organizations, and
community leaders in the development and review of the emergency management
program, under the Act. The Mayor may establish an advisory group for that purpose.
"(f) The Mayor and City Manager shall certify the City's emergency management plan
and any mutual aid plans and agreements, as required by applicable Federal and State
laws.
"(g) The City Manager supervises the Office of Emergency Management, either directly
or by delegation.
"(h) The position of Emergency Management Coordinator shall be established in the
City's Compensation and Classification ordinance. The Emergency Management
-Coordinator appointed by the City Manager shall, under the direction of the City
Manager, carry out the City's comprehensive emergency management program and the
provisions of this chapter.
178
R62904AA
3
"(i) The City Manager shall ensure that any official or employee with emergency
management responsibilities obtains any training and certifications required by Federal
or State authorities required to perform the specific responsibilities assigned.
"SEC. 15-2. Powers and duties of the Office of Emergency Management.
"The Office of Emergency Management
"(1) Develops and maintains an emergency management plan for the City,
consistent with Section 418.106 of the Texas Government Code. The plan
should establish the disaster services organization; describe functions of the
various organizational components, describe procedures to be followed, and
assign responsibility to various divisions, officials, and employees in orderto
carry out the provisions of this chapter and any requirements in Federal or State
laws.
"(2) Maintains necessary liaison and coordinate cooperative activities with other
municipal, county, district, regional, State, Federal and other civil defense and
disaster relief organizations.
"(3) Drafts and recommends for adoption by the City Council mutual aid plans
and agreements deemed essential or desirable for the implementation of the
City's emergency management plan and coordination of combined area disaster
services efforts, including the formation of a county or other joint disaster
services Council and emergency management plan and the appointment of a
disaster coordinator for such joint effort.
"(4) Surveys the availability of existing and potential personnel, equipment,
supplies, services, and facilities for use during an emergency, and procures and
disposes of all necessary equipment, supplies, and facilities, including
acceptance of private contributions and assistance.
"(5) Continuously studies emergency management and disaster relief problems,
recommends any needed amendments and improvement of the emergency
management plan, and keeps current with all Federal and State regulatory and
informational requirements.
"(6) Implements the current emergency management plan and mutual aid plans
and agreements.
"(7) Controls and directs all actual operations and training activities in emergency
management and disaster relief.
"(8) Determines questions of authority and responsibility in connection with
emergency management and disaster relief.
R62904AA
179
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4
"(9) Negotiates and authorizes agreements, subject to the approval of the City
Council, when required, for the use of public and private property for public
refuge, shelter, or other necessary purposes during the course of an emergency.
"(10) Acts as a clearinghouse on emergency management information for all
governmental and private agencies cooperating in the emergency management
plan.
"(11) Maintains contact with the Division of Emergency Management of the Office
of the Governor, providing prompt and efficient response to all requests and
suggestions of the Division and other agencies and departments of Federal,
State, and county governments in connection with emergency management and
disaster relief.
"(12) Marshals, upon the declaration of a disaster, all necessary personnel,
equipment, and supplies from any department of the City and from private
contributors to aid in implementation of the emergency management plan.
"SEC. 15-3. Declaration of disaster.
"(a) When the City Manager believes a state of disaster exists, the City Manager shall
inform the Mayor and request the Mayor to declare a local state of disaster under the
provisions of the Act.
-.
"(b) A disaster is an occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or manmade cause, including
fire, flood, earthquake, wind, storm, wave action, oil spill, other water contamination,
hazardous material release, volcanic activity, epidemic, air contamination, blight,
drought, infestation, explosion, riot, terrorist activity, civil disturbance, hostile military or
paramilitary action, other public calamity requiring emergency action, or energy
emergency.
"(c) In no event may a local state of disaster, declared by the Mayor, be continued or
renewed for a period in excess of seven days without the consent of the City Council.
"(d) The City Council may terminate a local state of disaster at anytime.
"(e) An action declaring, continuing, or terminating a local state of disaster shall be
given prompt and general publicity and shall be filed promptly with the City Secretary.
"(f) A declaration of local state of disaster activates the recovery and rehabilitation
aspects of the City's emergency management plan and authorizes furnishing of aid and
assistance under the declaration. The preparedness and response aspects of the plan
'are activated as provided in the plan.
180
R62904AA
5
"SEC. 15-4. Authority to issue orders in the interest of public safety and welfare.
"(a) After the declaration of a local state of disaster, the Presiding Officer may in the
interest of public health, safety, and welfare, subject to confirmation or revocation by the
City Council, issue proclamations, orders, or regulations, which shall have the force and
effect of law, to:
"(1) Evacuate all or part of the population of an area of the City that has been
stricken or is threatened, if necessary for the preservation of life or other disaster
mitigation, response, or recovery effort.
"(2) Prescribe routes, modes of transportation, and destinations in connection
with an evacuation.
"(3) Control ingress and egress to and from a disaster area and any areas that
may be adversely effected by riot, unlawful assembly, threat of violence, or an
imminent natural or man-made disaster, and may control the movement of
persons and the occupancy of premises in those areas.
"(4) Suspend or limit the sale, dispensing, or transportation of alcoholic
beverages, firearms, explosives, or combustibles, including fuel for vehicles.
"(5) Establish general or limited curfews and blockades, regulating or prohibiting
any person from being, remaining, loitering, or congregating on any street, alley,
park, public property, or any other place that may be specified.
"(6) Suspend or limit the use of utilities.
"(7) Implement other security measures necessary to protect life and secure
property .
"(8) Protect life and property by such means as are imminently necessary and
authorized under law.
"(9) Suspend or modify the formal bidding requirements for purchase of goods
and services, as authorized by State law.
. "(10) Suspend or modify the requirements for an itinerant vendor's permit,
electrician license, and similar regulations so as to give due consideration to the
license, certificate, or other permit issued to a person by any State or any political
subdivision of any State evidencing qualifications for professional, mechanical, or
other skills, so that the person may render aid involving the skill to meet the
emergency or disaster.
"(11) Establish temporary emergency housing, for persons needing shelter,
notwithstanding any limitations in the zoning ordinance, or deed restrictions.
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181
6
"(12) Establish temporary wage, price, and rent controls and other economic
stabilization methods.
"(13) Implement all or portions of the City's Emergency Management Plan.
"(b) The Mayor may delegate the authority to issue additional implementing orders,
which are necessary to carry out the Mayor's orders and to protect the public health and
welfare, to the City Manager or another official designated by the City Manager.
"(c) The City Council may continue, renew, enact, or terminate any of the measures
enumerated in subsection (b) of this section.
"SEC. 15-5. Price Gouging Prohibited.
"(a) For the purposes of this section:
"(1) 'Necessity' means fuel; food; medicine; construction materials, including
plywood, boards, shingles, and fasteners; tarps; tents; ice; water; batteries;
generators; housing; and other property necessary for members of the public to
prepare for, survive, or recover from a disaster.
"(2) 'Disaster' means a disaster specified in a declaration of disaster issued by
the Governor, Mayor, or City Council.
"(3) 'Exorbitant or excessive price' means a price for any item charged during a
period when a declaration of disaster is in effect that is in excess of the price for
the same item that was in effect prior to the declaration of disaster, or in the case
of a hurricane the price in effect 72 hours before the landfall of the storm.
"(b) A person commits an offense, if the person intentionally, knowingly, or recklessly
with criminal negligence, in order to take advantage of a disaster:
"(1) Sells or leases a necessity at an exorbitant or excessive price.
"(2) Demands an exorbitant or excessive price in connection with the sale or
lease of a necessity.
"(c) A person commits a separate offense for each item sold or leased in violation of
subsection (b) of this section. Each item or group of items, which is listed or identified
separately on a cash register tape or receipt, is considered to be a separate sale or
lease. Multiple items that are sold in a sealed package is considered to be a single
item.
"(d) It is a defense to prosecution that the higher price is related to increased costs from
suppliers, increased transportation costs for items brought into the City after the
declaration of disaster, or other verifiable conditions.
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"(e) Before an arrest or issuance of a citation under this section, the peace officer shall
provide the apparent violator an opportunity to explain a justification for the price
increase other than taking advantage of the disaster.
"SECS. 15-6 -15-10. Reserved
"SEC. 15-11. Inclusion within City's Emergency Management Plan.
''This article is incorporated into and is made part of the City's Emergency Management
Plan.
"SEC. 15-12. Consistency with State and Federal laws.
''This article should not be construed so as to conflict with any State or Federal laws.
"SEC. 15-13. Offenses and penalties.
"(a) No person may:
"(1) Violate the terms of this or any other ordinance adopted to carry out the
City's emergency management functions or order issued under the authority of
this chapter.
"(2) Violate any provision of the City's emergency management plan.
"(3) Willfully obstruct, hinder, or delay any member of the City's emergency
management organization in the enforcement of any order issued under the
authority of this chapter.
"(4) Operate a siren or other device so as to simulate a warning signal or
terminate an official warning signal, unless authorized.
"(5) Wear, carry, or display any emblem, insignia, or any other means of
identification that identifies the individual as a member of the City of Corpus
Christi's emergency management organization, unless the individual has been
designated as a member of the organization by the Office of Emergency
Management.
"(6) Wear, carry, or display any emblem, insignia, or any other means of
identification that identifies the individual as a member of an organization
participating in the official response to the local state of disaster, unless the
individual has been designated as a member of that organization by an
appropriate official of that organization.
"(b) Any person knowingly violating a provision of this chapter or any order issued under
the authority of this chapter relating to fire safety, public health, or sanitation after being
warned that a specific act or omission would be a violation is guilty of a misdemeanor
and upon conviction may be fined up to $2,000 per violation.
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"(c) Any person knowingly violating a provision of the City's emergency management
plan after being warned that a specific act or omission would be a violation of the plan is
guilty of a misdemeanor and upon conviction may be fined of up to $1,000 and
imprisonment for up to 180 days per violation.
"(d) Any person violating any other provision of this chapter or any order issued under
the authority of this chapter is guilty of a misdemeanor and upon conviction may be
fined up to $500 per violation.
"(e) Any person violating Section 15-5 is guilty of a misdemeanor and upon conviction
may be fined not less than $200 but not more than $500 per violation.
"SECS. 15-14 -15-20. Reserved
"ARTICLE II - EMERGENCY RESPONSE
"Sec. 15-21. Standard of care for emergency action.
"(a) Every officer, agent, or employee of the City and every officer, agent, or employee
of an authorized provider of emergency services, including, but not limited to every unit
of government or subdivision thereof, while responding to emergency calls or reacting to
emergency situations, regardless of whether any declaration of local emergency or local
disaster has been declared or proclaimed by a unit of government or political
subdivision, is authorized to act or not to act in such a manner that the individual or
entity believes in aood faith at the time will be appropriate to reasonablv and effectively
deal with the emergency.
"(b) An action or inaction is "reasonable and effective" if it in any way contributes or
could be reasonably be thought to contribute to preserving any lives or property
regardless of the actual outcome.
"(c) This section shall prevail over every other ordinance of the City and, to the extent to
which the City has the authority to so authorize, over any other law establishing a
standard of care in conflict with this section.
"(d) Neither the City nor any of its employees, agents, or officers, nor other unit of
government or government subdivision nor its employees, agents, or officers may be
held liable for the failure to use ordinary care in such emergency.
"(e) It is the intent of the City Council, by passing this ordinance, to assure effective
action in emergency situations by those entrusted with the responsibility of saving lives
and property by protecting such governmental units from liability, and their employees,
agents, and officers from non,intentional tort liability to the fullest extent permitted by
'statutory and constitutional law.
"(f) This section shall be liberally construed to carry out the intent of the City Council."
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"SEC. 15-22. Liability.
"This chapter is an exercise by the City of its governmental functions for the protection
of the public peace, health, and safety, and the City of Corpus Christi; any of its officers,
employees, agents, representatives; or any person, in good faith, carrying out,
complying with, or attempting to comply with any order, rule, or regulation promulgated
under this ordinance may not be held liable for any damage sustained to persons as the
result of such activity.
"SEC. 15-23. No Liability for Operation of Shelters.
"(a) Notwithstanding the fact that most public and privately owned buildings within the
City were not designed and constructed to withstand the forces of nature that may be
present in a hurricane or other severe weather condition and may not be any more
suitable than the homes of our residents, and because of the public's desires that public
shelters be made available to them, the City Manager may provide shelter in public and
privately owned buildings owned, leased, or otherwise made available to the City as
refuges of last resort for residents and visitors to the City in anticipation of or following
the land fall of a hurricane or the occurrence of severe weather within the City. The
operation of shelters is a governmental function for the protection of the public peace.
health, and safety, and the City of Corpus Christi; any of its officers, employees, agents,
representatives; or any person, in operating a shelter may not be held liable for any
death, injury, or damage from any cause sustained to persons who elected to use a
shelter operated by the City.
"(b) Any person owning or controlling real estate or other premises, who voluntarily and
without compensation, grants to the City of Corpus Christi a license or privilege, or
otherwise permits the City to inspect, designate, and use the whole or any part or parts
of such real estate or premises for the purpose of sheltering persons during an actual,
impending, or practice emergency, together with successors in interest, if any, may not
be held civilly liable for the death of or injury to any person on or about such real estate
or premises, under such license, privilege, or other permission, or for loss of, or damage
to, the property of others.
"SEC. 15-24. No Liability for Operation of Vehicles Used to Evacuate Residents.
"(a) Because of the need to transport individuals who may not be able to make
independent arrangements to evacuate the City prior to the time a hurricane is predicted
to strike the City, the City Manager may arrange to use buses and other vehicles made
available to the City by the Regional Transportation Authority and school districts to
evacuate residents of the City from the City to prearranged shelters in communities
outside the threatened area. In arranging for transportation the City Manager shall give
.priority to the elderly, infirmed, and individuals without vehicles capable of making the
trip. The evacuation of residents, including the return of the residents from shelters
outside the City, is consider to be an emergency governmental function for the
protection of the public peace, health, and safety, and the City of Corpus Christi; any of
its officers, employees, agents, representatives; or any person, in operating a vehicle
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may not be held liable for any death, injury, or damage from any cause sustained to
persons who elected to be evacuated in a vehicle operated by or for the City.
"(b) Any public entity owning, operating, or controlling any vehicle used to evacuate
residents from the City, who voluntarily and without compensation, grants to the City of
Corpus Christi the use of its vehicle for this purpose may not be held civilly liable for the
death of or injury to any person or property damage resulting from the operation of the
vehicle while transporting individuals to and from the City as part of an evacuation
program organized by the City Manager. Any officer, employee, agent, and
representative of a public entity who is involved in the evacuation effort on behalf of the
entity and the City may not be held civilly liable for the death or injury to any person or
damage to any property as the result of the operation of a vehicle during an evacuation
program.
"SEC. 15-25. Designation of certain authorized emergency vehicles.
''The following vehicles are designated authorized emergency vehicles for the purposes
set forth, regardless of whether a disaster exists:
"(1) Director of Public Health vehicle while responding to a medical emergency.
"(2) Gas division emergency unit vehicles while responding to a gas emergency,
which may threaten life or property.
"(3) Director of safety and risk management vehicle while responding to an
emergency call or emergency situation.
"(4) Superintendent of the marina vehicle, marina division patrol vehicles and
crafts while responding to an emergency call or emergency situation.
"(5) Office of Emergency Management vehicle while responding to an emergency
call or emergency situation.
"(6) Buses and other vehicles owned and operated by the City, Regional
Transportation Authority, school districts, and other public entities while being
used in an emergency evacuation program directed by the City Manager,
. including while retuming residents to the City from shelters."
SECTION 2. By his signature on this ordinance, under the authority of the Act,
Executive Order GWB 95-1a, and 37 Texas Administrative Code S7.2, the Mayor
appoints the City Manager as the Deputy Emergency Management Director and the city
employee currently holding the position of Assistant Emergency Management
Coordinator as the Emergency Management Coordinator, and delegates the authority
'necessary to carry out their duties. These appointments and delegation authority vest
in the positions of City Manager and Emergency Management Coordinator, not the
individual currently holding the positions, and shall remain effective until specifically
withdrawn by the City's Mayor.
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SECTION 3. A violation of this ordinance shall be punished as specified in Section 1 of
this ordinance.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision be given full force and effect for its purpose.
SECTION 5. 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.
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ORDINANCE STATUS
AGENDA ITEM:
Approving the FY 2000-2001 Capital Budget in the amount of $143,347,400.
FIRST READING:
July 25, 2000
Passed: 7- 0 (2 absent)
FINAL READING:
August22,2000
COMMENTS:
Staff will present a CIP Implementation Plan to the Council on September
19th.
189
City Council
Agenda Memorandum
Date: July 21, 2000
AGENDA ITEM: APPROVING THE FY 2000-2001 CAPITAL BUDGET IN THE
AMOUNT OF $ 143,347,400; AND DECLARING AN EMERGENCY.
ISSUE: City Council approval is required for implementation of the City's
recommended Capital Budget.
BACKGROUND: The recommended capital budget for fiscal year 2000-01 was
submitted to the City Council on May 30, 2000. As required by the City Charter,
the recommended capital budget was provided to the City's Planning
Commission; the Planning Commission also received the capital budget on May
30, 2000. Although no adjustments were made to the fiscal year 2000-01 capital
budget, years 2 and 3 (fiscal years 2001-02, and 2002'03) were adjusted to
include the estimated costs for the North Padre Island Storm Drainage Reduction
and Environmental Restoration project.
The Planning Commission has reviewed the capital budget, and held a public
hearing on June 21, 2000. The capital budget was approved by the Planning
Commission on June 21, 2000.
The recommended budget includes the estimated cost impacts of the proposed
Bond 2000 Issue. Although these costs are included, monies will be expended
only to the extent approved by the voters.
PRIOR COUNCIL ACTION: During the City Council meeting of July 11, 2000, a
Public Hearing on the recommended capital budget was held.
RECOMMENDATION: Approval of Ordinance as submitted. Ordinance is only
for approval of Year 1 - fiscal year 2000-01; Years 2 through Year 5 are for
planning purposes only.
Attachment:
Additional Background Information
190
Agenda Memorandum
Additional Background Information
On July 20, 1999, the City Council passed a five year Utility Rate Ordinance to
assist in the financing of capital improvement projects within the Combined
Utilities. Although the five year Utility Rate Ordinance scheduled the following
rate increases for fiscal year 2000-01:
Gas 2%
Water 4%
Wastewater 6%
The proposed operating budget for fiscal year 2000-01 includes only a 2% rate
increase only in the Gas Utility.
The level of funding available for the Combined Utilities Capital Improvement
Projects is based on City's Debt Capacity Model. The Debt Capacity Model
identifies both current and projected available resources. The Debt Capacity
Model was updated incorporating updated revenue projections based on current
activity, and including the change due to the non-rate increases to the Water and
Wastewater utilities. The Model was also adjusted for the proposed fiscal year
2000-01 operating budgets, which includes the impacts for the re-engineering
efforts. Based on the projected available resources from the Debt Capacity
Model, a Priority Implementation Program for the Combined Utilities Projects is
being developed. The Priority Implementation Program will prioritize projects
based on critical need. and determine the schedule of project implementation.
The schedule of projects and the estimated time schedules based on the priority
program will be submitted to the City Council in the next several weeks.
191
ORDINANCE
APPROVING THE FY 2000-2001 CAPITAL BUDGET
IN THE AMOUNT OF $143,347,400.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the FY 2000-200] Capital Budget in the amount of
$143,347,400 is approved. A copy of the FY 2000-2001 Capital Budget is on file in
the Office of the City Secretary.
H:\LEG-D1R\ VERONICAILlSA \ORD2\ORD:!.183
192
28
M61110
To: City Council Members, City Secretary
From: Mayor Loyd Neal
Re: Minority Contractor/Subcontractor Participation Plan for August 22, 2000
Council Meeting
Date: August 15,2000
From time to time, the city of Corpus Christi enters into major construction/rehabilitation
contracts.
To expedite the process and 10 insure fairness, the City of Corpus Christi engineering
department should appoint an advisory committee consisting of one representative from each of
the following organizations:
Hispanic Contractors Association
AGe
ABC
Corpus Christi Chamber of Commerce
Convention & Visitors Bureau
Corpus Christi Regional Economic Development Corporation
Hispanic Chamber of Commerce
Black Chamber of Commerce
Minority Business Opportunity Council (MBOC)
Minority Business Development Center (MBDC)
This committee would be charged with developing and recommending plans that would allow
maximum minority/small contractor and subcontractor participation in the various construction
projects. Early participation in the process should result in a much better understanding of the
extent of minority/small contractor and subcontractor participation.
In its deliberation, the committee may decide on a recommendation for the bid packages,
availability of qualified minority/small contractors and subcontractors as to insurance and bonds,
various trade components, and budget and subsequent monetary impact, if any, on the project as
the result of their recommendations.
Each entity or organization listed will be responsible for infonning their membership on any
actions taken by the committee.
This committee would meet at the direction of, and upon request of, the City Engineer.
~,' '+<"::' _ ""~ ~ ';: "
BFFICI IF TII'''III
1
193
29
AGENDA MEMORANDUM
Date: August 15, 2000
Agenda Items:
A Master Ordinance establishing the General Airport Revenue Bond Financing Program with
respect to the Issuance of Obligations by the City of Corpus Christi, Texas payable from
General Airport Revenues.
B. First Supplemental Ordinance to the Master Ordinance authorizing the issuance, sale, and
delivery of City of Corpus Christi General Airport Revenue Bonds, Series 2000A (exempt
facility bonds); and approving and authorizing instruments and procedures relating thereto.
C. Second Supplemental Ordinance to the Master Ordinance authorizing the issuance, sale, and
delivery of City of Corpus Christi General Airport Revenue Bonds, Series 2000B; and
approving and authorizing instruments and procedures relating thereto.
D. Ordinance appropriating $13,010,000 from the proceeds of the sale of City of Corpus Christi
General Airport Revenue Bonds, Series 2000A (exempt facility bonds) in the No. 3024
Airport 2000A CIP Fund for the purpose of constructing, improving, renovating, enlarging
and equipping the Corpus Christi International Airport; and declaring an emergency.
E. Ordinance appropriating $9,640,000 from the proceeds of the Sale of City of Corpus Christi
General Airport Revenue Bonds, Series 2000B in the No. 3025 Airport 2000B CIP Fund for
the purpose of constructing, improving, renovating, enlarging and equipping the Corpus
Christi International Airport; and declaring an emergency.
Issue: The Airport must issue bonds to finance the construction, improvement, renovation, enlarging,
and equipping of the Corpus Christi International Airport in the amount of $22,650,000.
Required Council Action: Approval of three Ordinances providing for issuance and sale of
$13,010,000, Series 2000A (exempt facility bonds) and $9,640,000, Series 2000B bonds; and two
ordinances appropriating proceeds from the sale of Series 2000A and 2000B bonds.
Future Council Action: On September 12, 2000, present to City Council an Ordinance approving
the sale of bonds and Ordinance authorizing the City Manager to sign a bond purchase agreement to
sell such bonds.
Recommendation: Staff recommends that the City Council approve the five Ordinances.
~~A;
Director of Finance
Attaclunents: Background Information
Ordinances (5)
195
BACKGROUND INFORMATION
The Airport currently has capital improvements which need to be financed through this bond issue.
The financing would allow upgrading the tenninal to meet today's requirements and allow additional
space for future expansion. The Airport will also be able to meet and exceed the aviation industry's
standards for safe and efficient passenger processing.
The Airport is also in need of airfield drainage improvements to alleviate problems of continued
flooding of the mid-field area and taxiways. Also, extension of the commercial apron is required to
maintain existing design and safety standards and existing airfield capacity.
This is the first revenue bond issue for the Airport. Past improvements were financed with General
Obligation Bonds and Certificates of Obligation with contributions from the Airport revenues.
The Mayor, Director of Aviation, City Manager, and Director of Finance made rating and insurance
presentations on these bonds in New York on July 20 and 21, 2000. Fitch assigned a "BBB+" rating;
Moody's Investors Service assigned a "Baal" rating; and Standard & Poor's assigned a "BBB"
rating. These are very good ratings for a first time issue on an Airport this size and the bonds will
be sold at an "~' rating due to the purchase of insurance.
Your approval is recommended by Staff.
196
MASTER ORDINANCE
ESTABLISHING THE GENERAL AIRPORT REVENUE BOND
FINANCING PROGRAM WITH RESPECT TO THE ISSUANCE OF
OBLIGATIONS BY THE CITY OF CORPUS CHRISTI, TEXAS, PAYABLE
FROM GENERAL AIRPORT REVENUES; AND DECLARING AN
EMERGENCY
WHEREAS, the City of Corpus Christi, Texas (the "City" or the "Issuer"), is a "home,rule
municipality" operating under a home, rule charter adopted pursuan1 to Section 5 of Article XI of the
Texas Constitu1ion, with a population, according to the latest federal decennial census, in excess of
50,000; and
WHEREAS, the City possesses the legal authority under Chapter 22, Texas Transportation
Code, to plan, establish, construct, improve, equip, maintain, operate, regulate, protect and police
an airport and air navigation facilities in or outside of the City; and
WHEREAS, the City currently owns and operates the "Corpus Christi International Airport"
(the "Airport"), which constitutes an "airport" as defined in Section 22.001, Texas Transportation
Code; and
WHEREAS,subchapter C of Chapter 22, Texas Transportation Code, authorizes the City
to issue bonds for the purpose of paying, in whole or in part, the cost of planning, acquiring,
establishing, constructing, improving, or equipping an airport or air navigation facility or the site of
an air navigation facility or acquiring or eliminating airport hazards; and
WHEREAS, Chapter 1371, Texas Government Code, authorizes the City to issue
obligations to pay the project costs associated with the acquisition or construction of or an
improvement, addition, or extension to a public works, including a capital asset or facility incident
and related to the operation, maintenance, or administration of the public works; and
WHEREAS, "public works" is defined in Section 1371.001, Texas Government Code, to
include an "airport" as defined in Section 22.001, Texas Transportation Code; and
WHEREAS, in order to reduce costs, increase borrowing capacity, provide additional
security to the credit markets, and provide the City with greater financial flexibility to meet the
financing needs of the Airport, the City deems it necessary and desirable to establish a financing
structure for revenue supported indebtedness issued or incurred for the development of the Airport;
and
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WHEREAS, the terms used in this Ordinance and not otherwise defined shall have the
meaning given in Exhibit A to this Ordinance attached hereto and made a part hereof;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS THAT:
SECTION 1. ESTABLISHMENT OF REVENUE FINANCING PROGRAM AND
ISSUANCE OF PARITY OBLIGATIONS. There is hereby established the City of Corpus
Christi, Texas General Airport Revenue Bond Financing Program for the purpose of providing a
financing structure for revenue supported indebtedness issued or incurred for the development of the
Airport. This Ordinance is intended to establish a master program under which revenue supported
indebtedness attributable to the Airport and payable from Net Revenues can be incurred. It is hereby
authorized that revenue supported indebtedness may be issued, incurred or assumed pursuant to the
terms of a Supplement. Each Supplement shall provide for the authorization, issuance, sale,
delivery, form, characteristics, provisions of payment and redemption, security, and any other
matters related to Parity Obligations not inconsistent with the Constitution and laws of the State of
Texas or the provisions of this Ordinance.
SECTION 2. SECURITY AND PLEDGE. The Parity Obligations are and shall be
secured by and payable from a first lien on and pledge of the Net Revenues, in accordance with the
terms of this Ordinance and any Supplement; and the Net Revenues are further pledged to the
establishment and maintenance ofthe Debt Service Fund as provided in accordance with the terms
of this Ordinance and the Funds and Accounts as provided in accordance with the terms of any
Supplement. The Parity Obligations are and will be secured by and payable only from the Net
Revenues, and are and will not be secured by or payable from a mortgage or deed of trust on any
properties, whether real, personal, or mixed, constituting any portion of the Airport. The owners of
the Parity Obligations shall never have the right to demand payment out of funds raised or to be
raised by taxation, or from any source other than specified in this Ordinance or any Supplement.
SECTION 3. RATE COVENANT. The City covenants that it will at all times fix, charge,
impose and collect rentals, rates, fees and other charges for the use of the Airport and, to the extent
it legally may do so, revise the same as may be necessary or appropriate, in order that in each Fiscal
Year the Net Revenues will be at least sufficient to equal the greater of either:
(i) all amounts required to be deposited in such Fiscal Year to the credit of (A) the Debt
Service Fund, (B) the Deb1 Service Reserve Fund, (C) the Operating Reserve Fund
and (D) the Subordinated Debt Fund, or
(ii) an amount not less 1han 1.25 times the Annual Debt Service Requirements for the
Parity Obligations for such Fiscal Year.
If the Net Revenues in any Fiscal Year are less than the amounts specified above, the City, promptly
upon receip1 of the annual audit for such Fiscal Year, shall request an Airport Consultant to make
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198
its recommendations, if any, as to a revision of the City's rentals, rates, fees and other charges, its
Operating Expenses, or the method of operation of the Airport in order to satisfY as quickly as
practicable the foregoing rate covenant. Copies of such request and the recommendation of the
Airport Consultant, if any, shall be filed with the City Secretary. So long as the City substantially
complies in a timely fashion with the recommendation of the Airport Consultant, the City will not
be deemed to have defaulted in the performance of its duties under this Ordinance even if the
resulting Net Revenues are not sufficient to be in compliance with the rate covenant set forth above,
so long as the Annual Debt Service Requirements on the Parity Obligations are paid when due.
SECTION 4. GENERAL COVENANTS. While any Pari1y Obligation is Outstanding,
the City further covenants and agrees that in accordance with and to the extent required or permitted
bylaw:
(a) Performance. It will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Ordinance and any Supplement; i1 will promptly pay
or cause to be paid the principal amount of and interest on every Parity Obligation, on the dates and
in the places and manner prescribed in a Supplement and such Parity Obligations; and it will, at the
time and in the manner prescribed, deposit or cause to be deposited the amounts required to be
deposited into the Funds and Accounts as provided in accordance with this Ordinance and any
Supplement.
(b) City's Legal Authority. It is a duly created and existing home rule municipality and
is duly authorized under the laws of the State of Texas to issue and incur Parity Obligations; that all
action on its part to issue or incur Parity Obligations shall have been duly and effectively taken, and
that the Parity Obligations in the hands of the owners thereof are and will be valid and enforceable
special obligations of the City in accordance with their terms.
(c) Title. It has or will obtain lawful title, whe1her such title is in fee or lesser interest, to
the lands, buildings, structures and facilities constituting the Airport, that it warrants that it will
defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof,
for the benefit of the owners of the Parity Obligations, against the claims and demands of all Persons
whomsoever, 1hat it is lawfully qualified to pledge the Net Revenues to the payment of the Parity
Obligations in the manner prescribed herein, and has lawfully exercised such rights.
(d) Liens. It will from time to time and before the same become delinquent pay and
discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed
upon it, or the Airport; it will pay all lawful claims for rents, royalties, labor, materials and supplies
which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to
or interfere with the liens granted in accordance with the terms of this Ordinance, so that the priority
of the liens granted in accordance with the terms of this Ordinance shall be fully preserved in the
manner provided herein. and it will not create or suffer to be created any mechanic's, laborer's,
materialman's or other lien or charge which might or could be prior to the liens granted in accordance
with the terms of this Ordinance, or do or suffer any matter or thing whereby the liens granted in
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accordance with the terms of this Ordinance might or could be impaired; provided however, that no
such tax, assessment or charge, and that no such claims which might be used as the basis of a
mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid so long as
the validity of the same shall be contested in good faith by the City.
(e) Further Encumbrance. It will n01 additionally encumber the Net Revenues in any
manner, except as permitted in this Ordinance and any Supplement in connection with Parity
Obligations, unless said encumbrance is made junior and subordinate in all respects to the liens,
pledges, covenants and agreements of this Ordinance and any Supplement; but the right of the City
to issue or incur Subordinated Debt payable in whole or in part from a subordinate lien on the Net
Revenues is specifically recognized and retained.
(f) Sale, Lease, or Encumbrance of Airport. Except for the use of the Airport or services
pertaining thereto in the normal course of business, neither all nor a substantial part of the Airport
shall be sold, leased, mortgaged, pledged, encumbered, alienated, or otherwise disposed of until all
Parity Obligations have been paid in full, or unless provision has been made therefor, and the City
shall n01 dispose of its title to the Airport or to any useful part thereof, including, without limitation,
any property necessary to the operation and use of the Airport, other than (i) in connection with the
execution of leases, licenses, easements, or other agreements in connection with the operation of the
Airport by the City, or in connection with any Special Facilities thereat, (ii) in connection with any
pledges of and liens on revenues derived from the operation and use of the Airport or any part
thereof, or any Special Facilities pertaining thereto, for the payment of Parity Obligations,
Subordinated Debt, Special Facilities Debt, and any other obligations pertaining to the Airport and
(iii) except as otherwise provided in the next three paragraphs.
The City may sell, exchange, lease, or otherwise dispose of, or exclude from the Airport any
property constituting a part ofthe Airport which the Aviation Director certifies (i) to be no longer
useful in the construction or operation of the Airport, or (ii) to be no longer necessary for the
efficient operation of the Airport, or (iii) to have been replaced by other property of at least equal
value. The net proceeds of the sale or disposition of any Airport property (or the fair market value
of any property so excluded) pursuant to this paragraph shall be used for the purpose of replacing
properties at the Airport, shall be paid into the Airport Fund, or shall be applied to retire or pay
Annual Debt Service Requirements of Parity Obligations.
The preceding provisions to the contrary notwithstanding, the City will not enter into any
lease of, or sell or otherwise dispose of, any part of the Airport or enter into a management or other
similar operating agreement for the operation of any part of the Airport if, as a result of such lease,
sale or other disposition, the in1erest income on any of the Parity Obligations would become
includable in gross income of 1he recipients thereof for federal income tax purposes. Without
limiting the generality of the foregoing, the City (i) will not take any action that would cause any
part ofthe Airport financed with the proceeds of Tax,Exempt Debt to cease 10 be "owned by" the
City (as the term "owned by" is used in section l42(b)(l)(A) of the Code), (ii) will require, as a
condition to the leasing of any part of the Airport, or the entering into of any management or other
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similar operating agreement for the operation of any part of the Airport, that the lessee or the other
party to such management or other similar operating agreement, as the case may be, make an
irrevocable election, in accordance with the provisions of section l42(b)(1 )(B) of the Code and the
regulations issued thereunder, not to claim depreciation or an investment credit with respect to the
property leased to it by the City, or in the case of a management or other similar operating
agreement, the property managed or operated by it, (iii) will not enter into any lease, management
or other similar operating agreement with respect to any portion of the Airport if such lease,
management or other operating agreement has a term of eighty percent (80%) or more of the
reasonably expected economic life of the property subject to such lease, management or other similar
operating agreement within the meaning of section l42(b)(I)(B)(ii) of the Code, and (iv) will not
enter into any lease, management or other similar operating agreement if the lessee or other party
to a management or other similar operating agreement has an option to purchase any portion of the
Airport for a price other than the fair market value of such property at the time such option is
exercised. The foregoing notwithstanding, the City shall not be obliged to comply with the aforesaid
requirements of the Code during the term of Tax,Exempt Debt if the failure to comply with such
requirements would not adversely affect the tax'exempt status of such Debt.
Nothing herein prevents any transfer of all or a substantial part of the Airport to another body
corporate and politic (including, but not necessarily limited to, a joint action agency or an airport
authority) which assumes the City's obligations under this Ordinance and in any Supplement, in
whole or in part, if (i) in the written opinion of an Airport Consultant, the ability to meet the rate
covenant under this Ordinance and in any Supplement are not materially and adversely affected and
(ii) in the written opinion of Bond Counsel, such transfer and assumption will not cause the interest
on any Outstanding Parity Obligations that are Tax,Exempt Debt 10 be includable in gross income
of the owners thereof for federal income tax purposes. In such event, following such transfer and
assumption, all references to the City, any City officials, City ordinances, City budgetary procedures
and any other officials, actions, powers or characteristics of the City shall be deemed references to
the transferee entity and comparable officials. actions, powers or characteristics of such entity. In
the event of any such transfer and assumption, nothing therein shall prevent the retention by the City
of any facility of the Airport if, in the written opinion of an Airport Consultant, such retention will
not materially and adversely affect nor umeasonably restrict the transferee entity's ability to comply
with the requirements of the rate covenant and 1he other covenants of this Ordinance and any
Supplement.
(g) Special Facilities. The City may finance Special Facilities from the proceeds of Special
Facilities Debt issued by or on behalf of the City without regard to any requirements of this
Ordinance with respect to the issuance of Parity Obligations, subject, however, to the following
conditions:
(i) Such Special Facilities Debt shall be payable solely from rentals derived by or on
behalf of the City under a lease entered into between the City (or an entity acting on behalf
of the City) and the person, firm or corporation which will be utilizing the Special Facilities
to be financed; and
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(ii) In addition to all rentals with respect to the Special Facilities to be financed, a fair
and reasonable ren1al for the land upon which said Special Facilities are to be construc1ed
shall be charged by the City, and said ground rent shall be deemed Gross Revenues not
available for the payment of such Special Facilities Debt.
(h) Books, Records and Accounts. It shall keep proper books, records and accounts relating
to the Airport separate and apart from all other records and accounts of the City, in which complete
and correct entries shall be made of all transactions relating to the Airport, and the City shall cause
said books and accoun1s to be audited annually as of the close of each Fiscal Year by an Accountant
(which may be part of the City's comprehensive annual financial report).
(i) Audits. After the close of each Fiscal Year while any Parity Obligation is Outstanding,
an audit will be made by an Accountant of the books and accounts relating to the Airport and the Net
Revenues (which may be included in the City's comprehensive annual financial report). As soon as
practicable after the close of each such Fiscal Year. and when said audit has been completed and
made available to the City, a copy of such audit for the preceding Fiscal Year shall be mailed to the
Municipal Advisory Council of Texas, any Bond Insurer or Credit Provider, and to any owner of any
then Outstanding Parity Obligations who shall so reques1 in writing promptly after it is readily
available to the general public. Such annual audit reports shall be open to the inspection of the
owners of the Parity Obligations and their agents and represernatives at all reasonable times during
regular business hours of the City.
(j) Annual Budget. Not less than five Business Days prior to the beginning of each Fiscal
Year, the City will adopt an Annual Budget for the Airport (which may be included in the City's
general annual budget) for the ensuing Fiscal Year. Such budget is required to contain, among other
items, the following: estimated Gross Revenues, Operating Expenses and Net Revenues for such
Fiscal Year, the estimated amounts to be deposited during such Fiscal Year in each of the Funds and
Accounts established in this Ordinance and any Supplement, and the estimated expenditures during
such Fiscal Year for the replacement of Capital Improvements. A copy of the Annual Budget shall
be filed with any Bond Insurer or Credit Provider promptly after it is readily available to the general
public.
(k) Insurance. (I) It shall cause to be insured such parts of the Airport as would usually be
insured by corporations operating like properties, with a responsible insurance company or
companies. against risks, accidents or casualties against which and to the extent insurance is usually
carried by corporations operating like properties, including, to the extent reasonably obtainable, fire
and extended coverage insurance, insurance agains1 damage by hurricanes, floods, tornados and
windstorms and use and occupancy insurance. Public liability and property damage insurance shall
also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable
for claims which would be protected by such insurance. Notwithstanding the foregoing, in the event
the City determines that any policy of insurance required by this Ordinance is not reasonably
available, the City may elect to be self,insured in whole or in part against the risk or loss that would
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otherwise be covered by such policy, in which case the City will establish a reserve for such risk or
loss in such amount as the City deems appropriate. At any time while any contractor engaged in
construction work shall be fully responsible therefor, the City shall not be required to carry insurance
on the work being constructed if 1he contractor is required to carry appropriate insurance. All such
policies shall be open to the inspection of the Holders and their representatives at all reasonable
times during regular business hours of the City. Upon the happening of any loss or damage covered
by insurance from one or more of said causes, the City shall make due proof of loss and shall do all
things necessary or desirable to cause the insuring companies to make payment in full directly to the
City. The proceeds of insurance covering such property, together with any other funds necessary
and available for such purpose, shall be used forthwith by the City for repairing the property
damaged or replacing the property destroyed.
(2) The annual audit required by this Ordinance shall contain a section commenting on
whether the City has complied with the requirements of this subsection (k) with respect to the
maintenance of insurance, and listing the areas of insurance for which the City is self, insuring, all
policies carried, and whether all insurance premiums upon the insurance policies to which reference
is hereinbefore made have been paid.
(3) For purposes of this subsection (k), a series of Parity Obligations shall include any Credit
Agreement declared by the City to be a Parity Obligation.
(I) Governmental Agencies. It will comply with all of the terms and conditions of any and
all grants and assurances, franchises, permits and authorizations applicable to or necessary with
respect to the Airport, and which have been obtained from any governmental agency; and the City
has or will obtain and keep in full force and effect all franchises, permits, authorization and other
requirements applicable to or necessary with respect to the acquisition, construction, equipment,
operation and maintenance of the Airport.
(m) Rights of Inspection. The owner of $100,000 in Outstanding Principal Amount of
Parity Obligations shall have the right at all reasonable times during regular business hours of the
City to inspect all records, accounts and data of the City relating to the Airport, and upon request the
City shall furnish to such owner, at the cost of such owner, such financial statements, reports and
other information relating to the City and the Airport as such owner may from time to time
reasonably request.
(n) Legal Holidays. In any case where the date of maturity of interest on or principal of the
Parity Obligations or the date fixed for redemption of any Parity Obligations or any other payment
obligation under a Parity Obligation not be a Business Day, then payment of interest or principal
need not be made on such date but may be made on the next succeeding Business Day with the same
force and effect as if made on the date of maturity or the date fixed for redemption and no interest
shall accrue for the period from the date of maturity or redemption to the date of actual payment.
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(0) Bondholders' Remedies. This Ordinance and any Supplement shall constitute a contract
between the City and the owners of the Parity Obligations from time to time outstanding and this
Ordinance and the Supplement authorizing the issuance of Parity Obligations shall be and remain
irrepealable until the Parity Obligations and any interest thereon shall be fully paid or discharged or
provision therefor shall have been made as provided in a Supplement. In the event of a default in
the payment of the principal of or interest on any Parity Obligation or a default in the performance
of any duty or covenant provided by law or in this Ordinance, the owner or owners of any Parity
Obligation may pursue all legal remedies afforded by the Constitution and laws of the State of Texas
to compel the City to remedy such default and to prevent further default or defaults. Without in any
way limiting the generality of the foregoing, it is expressly provided that any owner of any Parity
Obligation may at law or in equity, by suit, action, mandamus, or other proceedings filed in any
court of competent jurisdiction, enforce and compel performance of all duties required to be
performed by the City under this Ordinance and any Supplement, including the making of
reasonably required rates and charges for the use and services of the Airport, the deposit of the Gross
Revenues into the Funds and Accounts provided in this Ordinance and any Supplement, and the
application of such Gross Revenues in the manner required in this Ordinance and any Supplement.
SECTION 5. AIRPORT FUND. There has been established and maintained on the books
of the City, and accounted for separate and apart from all 01her funds of the City, a separate fund
designated as the Airport Fund. All Gross Revenues shall be credited to the Airport Fund
immediately upon receipt. All Operating Expenses shall be paid (to the extent permitted) from the
Gross Revenues credited to the Airport Fund as a first charge against same.
SECTION 6. DEBT SERVICE FUND. (a) Debt Service Fund Established. For the sole
purpose of paying the principal amount of, premium, ifany, and interest on, and other payments
(other 1han Operating Expenses) incurred in connection with Parity Obligations, there is hereby
created and there shall be established and maintained on the books of the City, and accounted for
separate and apart from all other funds of the City, a separate fund designated as the Debt Service
Fund. Moneys in the Debt Service Fund shall be deposited and maintained in an official depository
bank of the City.
(b) Supplement May Contain Additional Terms and Conditions. The City reserves the
right in any Supplement to (i) establish within the Debt Service Fund various Accounts to facilitate
the timely payment of Parity Obligations as the same become due and owing and (ii) provide other
terms and conditions with respect to payment obligations with respect to a Parity Obligation not
inconsistent with the provisions of Section II of this Ordinance.
SECTION 7. DEBT SERVICE RESERVE FUND. (a) Debt Service Reserve Fund
Established. There is hereby created and there shall be established and main1ained on the books of
the City, and accounted for separate and apart from all other funds of the City, a separate fund
designated as the Debt Service Reserve Fund. Except as provided below, the Debt Service Reserve
Fund shall be maintained for the benefit of the owners of Parity Obligations. There shall be
deposited into the Debt Service Reserve Fund any Reserve Fund Obligations so designated by the
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City. Reserve Fund Obligations in the Debt Service Reserve Fund shall be deposited and maintained
in an official depository bank of the City. Reserve Fund Obligations in the Debt Service Reserve
Fund shall be used for the purpose of retiring the last of the Parity Obligations to which the City
designates Reserve Fund Obligations, in accordance with the terms of a Supplement, as they become
due, or for paying principal of and interest on the Parity Obligations to which the City designates
Reserve Fund Obligations, in accordance with the terms of a Supplement, when and to the extent the
amounts in the Debt Service Fund are insufficient for such pwpose. The Debt Service Reserve Fund
shall be maintained in an amount equal to the Required Reserve Amount. The Designated Financial
Officer, acting on behalf of the City may, at the option thereof, withdraw and transfer to the Airport
Fund all surplus in the Deb1 Service Reserve Fund over the Required Reserve Amount. The City,
in accordance with the terms of a Supplement, may establish that the Debt Service Reserve Fund
shall not secure the Parity Obligations to be issued or incurred under such Supplement.
(b) Use of Credit Facility. The City may satisfY its covenant to maintain the Debt Service
Reserve Fund in an amount equal to the Required Reserve Amount with a Credit Facility that will
provide funds, 10gether with other Reserve Fund Obligations, if any, credited to the Debt Service
Reserve Fund, at least equal to the Required Reserve Amount. The City may replace or substitute
a Credit Facility for all or a portion of the cash or Eligible Investments on deposit in the Debt
Service Reserve Fund or in substitution for or replacement of any existing Credit Facility. Upon
such replacement or substitu1ion, cash or Eligible Investments on deposit in the Debt Service
Reserve Fund which, taken together with the face amount of any existing Credit Facilities, are in
excess of the Required Reserve Amount may be withdrawn by the City, at the option of the
Designated Financial Officer, and transferred to the Airport Fund; provided that at the option of the
Designated Financial Officer, acting on behalf of the City, the face amount of any Credi1 Facility
may be reduced in lieu of such transfer.
(c) Withdrawals from Debt Service Reserve Fund. If the City is required to make a
withdrawal from the Debt Service Reserve Fund for any of the purposes described in this Section,
the Designated Financial Officer, acting on behalf of the City, shall promptly notifY the issuer of
such Credit Facility of the necessity for a withdrawal from the Debt Service Reserve Fund for any
such pwposes. and shall make such withdrawal FIRST from available moneys or Eligible
Investments then on deposit in the Debt Service Reserve Fund, and NEXT from a drawing under any
Credit Facility to the extent of such deficiency. Should there be more than one provider of Credit
Facilities that are on deposit in the Debt Service Reserve Fund, the order of priority with respect to
the drawings on such Credit Facilities shall be determined by the City and the providers of the Credit
Facilities prior to any such drawings being made thereunder,
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(d) Deficiencies. In the event of a deficiency in the Debt Service Reserve Fund, such that
the Debt Service Reserve Fund contains less than the Required Reserve Amount, then the City shall,
after making required deposits to the Debt Service Fund in accordance with the terms of this
Ordinance and any Supplement, shall satisfY the Required Reserve Amount by depositing Reserve
Fund Obliga1ions into the Debt Service Reserve Fund in no more than twelve (12) monthly
installments of not less than one,twelfth (1/l2th) of the amount of such deficiency on or before the
15th day of each month following such deficiency to res10re the Debt Service Reserve Fund to the
Required Reserve Amount. In the event the Required Reserve Amount is funded through the use
of a Credi1 Facility, and the Credit Facility specifies a termination or expiration date that is prior to
the final maturity of the Parity Obligations so secured thereby, the City shall provide that such Credit
Facility shall be renewed at least twelve (12) months prior to the specified termination or expiration
date or in 1he alternative provide that any deficiency that will result upon the termination or
expiration of such Credit Facility will be accounted for either by (i) obtaining a substitute Credit
Facility no sooner than twenty' four (24) months or no later than twelve (12) months prior 10 the
specified termination or expiration date of the then existing Credit Facility or (ii) by depositing cash
into the Debt Service Reserve Fund in no more than twenty,four(24) montWy installments of not less
than one,twenty fourth (1/24th) of the amount of such deficiency on or before the 15th day of each
month, commencing on the 15th day of the month which is twelve (12) months prior to such
termination or expiration date, to restore the Debt Service Reserve Fund to the Required Reserve
Amount.
( e) Redemption or Defeasance. In the event of the redemption or defeasance of any Parity
Obligation, any Reserve Fund Obligations on deposit in the Debt Service Reserve Fund in excess
of the Required Reserve Amount may be withdrawn and transferred, at the option of the City, to the
Airport Fund, as a result of (i) the redemption of the Parity Obligations, or (ii) funds for the payment
of the Parity Obligations having been deposited irrevocably wi1h the paying agent or place of
payment therefor in the manner described in a Supplement, the result of such deposit being that such
Parity Obligations no longer are deemed to be Outs1anding under the terms of this Ordinance and
such Supplement.
(f) Credit Facility Draws. In the event there is a draw upon the Credit Facility, the City
shall reimburse the issuer of such Credit Facility for such draw, in accordance with the terms of any
agreement pursuan1 to which the Credit Facility is issued, from Net Revenues, however, such
reimbursement from Net Revenues shall be subject to the provisions of Section 7(d) hereof and shall
be subordinate and junior in right of payment to the payment of principal of and premium, if any,
and interest on Parity Obligations.
SECTION 8. OPERATING RESERVE FUND; AVIATION CAPITAL RESERVE
FUND. (a) Operating Reserve Fund. For the purposes hereinafter described, there is hereby
created and there shall be established and maintained on the books of the City, and accounted for
separate and apart from the other funds of the City, a separate fund designated as the Operating
Reserve Fund. There shall be credited to the Operating Reserve Fund cash and Eligible Investments
so designated by the Designated Financial Officer, acting on behalf of the City, and such cash and
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Eligible Investments shall be deposited and maintained in an official depository bank of the City.
Moneys credited to the Operating Reserve Fund shall be applied (i) to the payment of Operating
Expenses to the extent that sufficient funds are not otherwise available in the Airport Fund to pay
all Operating Expenses when due or (ii) to the payment of the principal of or the interest then due
on Parity Obligations or 1he redemption price 1hen due with respect to any Parity Obligations subject
to a mandatory sinking fund redemption, as provided in any Supplement, but only to the extent that
amoun1s credited to 1he Debt Service Fund and the Debt Service Reserve Fund, in the order named,
shall not be sufficient to pay such principal, interest or redemption price.
(b) Aviation Capital Reserve Fund. There has been established and maintained on the
books of the City, and accounted for separate and apart from all other funds of the City, a separate
fund designated as the Capital Reserve Fund. The Capital Reserve Fund shall be maintained in an
amount at least equal to the Minimwn Capital Reserve, and is available solely for major construction
projects at 1he Airport or for 1he replacement of large equipment used at 1he Airport. The Capital
Reserve Fund shall be funded as provided in Section 11 (e) hereof, to the extent Net Revenues are
available after making 1he transfers described in subsections (a), (b), (c) and (d) of Section 11 hereof.
The City hereby represents that the Capital Reserve Fund is funded in an amount at least equal to
the Minimum Capital Reserve.
SECTION 9. SUBORDINATED DEBT FUND. (a) Subordinated Debt Fund
Established. For1he sole purpose of paying 1he principal amount of, premiwn, if any, and interest
on, and other payments (other 1han Operating Expenses) incurred in connec1ion with Subordinated
Debt, 1here is hereby created and 1here shall be established and maintained on the books of the City,
and accounted for separate and apart from all other funds of the City, a separate fund designated as
the Subordinated Debt Fund. Moneys in the Subordinated Debt Fund shall be deposited and
maintained in an official depository bank of the City.
(b) Airport GO Debt Account Established. Within the Subordinated Debt Fund there is
hereby created and there shall be established and maintained on the books of 1he City, and accounted
for separate and apart from the o1her funds ofthe City, an account designated as the Airport GO Debt
Account. On the first Business Day of each Fiscal Year, for so long as the Airport GO Debt is
outstanding, the Designated Financial Officer shall certify in writing to the City Council the
aggregate debt service on the Airport GO Debt payable in such Fiscal Year. Upon receipt of such
certification, the City shall cause Net Revenues to be credited to the Airport GO Debt Account, on
1he dates and in 1he manner described in Section 11 hereof, to the extent Net Revenues are available
after making the transfers described in subsections (a), (b) and (c) of Section 11 hereof. Moneys in
the Airport GO Debt Account shall be used for 1he payment of scheduled debt service on the Airport
GO Debt as the same shall come due. Once the Airport GO Debt is no longer outstanding in
accordance wi1h its terms, the Designated Financial Officer shall promptly deliver a written
certificate to the City Council stating 1hat transfers of Net Revenues to 1he credit of the Airport GO
Debt Account are no longer required to contribute toward the payment of debt service on Airport GO
Debt. Ifmoneys are on deposit in the Airport GO Debt Account after such certificate is delivered,
such moneys shall be transferred to the credit of the Airport Fund. The City hereby declares 1hat the
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transfer of Net Revenues in support of Airport GO Debt constitutes a Subordinated Debt for
purposes of this Ordinance.
(c) Additional Accounts. The City may create, establish and maintain on the books of the
City additional Accounts within the Subordinated Debt Fund from which moneys can be withdrawn
to pay the principal of and interest on Subordinated Debt which hereafter may be issued or incurred.
SECTION 10. CONSTRUCTION FUND AND REBATE FUND. The City, in a
Supplement, hereafter may create, establish and maintain on the books of the City a separate Fund
or Account for use by the City for payment of all lawful costs associated with the construction,
improvement and equipping of the Airport, and for making payments to the United States of
America pursuant to section 148 of the Code.
SECTION 11. FLOW OF FUNDS. Moneys in the Airport Fund not required for paying
Operating Expenses during each month shall be applied by 1he City in the order of priority with
respect to the Funds and Accounts that such applications are hereinafter set forth in this Section.
(a) Debt Service Fund, To the credit of the Debt Service Fund, in the following order of
priority, to,wit:
(i) such amounts, as more fully described in the Supplement authorizing 1he issuance
or incurrence of Parity Obligations, as will be sufficient, together with other amounts, if any,
in the Debt Service Fund available for such purpose (including specifically moneys on
deposit in an Account in which capitalized interest is deposited and dedicated thereto), to pay
the interest scheduled to come due on Parity Obligations on the next succeeding interest
payment date;
-.
(ii) such amounts, as more fully described in the Supplement authorizing the
issuance or incurrence of Parity Obligations, as will be sufficient, together with other
amounts, if any, in the Debt Service Fund available for such purpose, to pay the principal
scheduled to mature on Parity Obligations on the next succeeding principal payment date;
and
(iii) such amounts, as more fully described in the Supplement authorizing the
issuance or incurrence of Parity Obligations, to pay scheduled mandatory sinking redemption
amounts of such Parity Obligations which constitute "Term Bonds" to be redeemed in
accordance with the terms of such Supplement.
(b) Debt Service Reserve Fund. To the credit of the Debt Service Reserve Fund, in the
event the Debt Service Reserve Fund is not fully funded on the date of issuance or incurrence of
Parity Obligations, as more fully described in the Supplement authorizing such Parity Obligations,
such amounts, deposited in no more than sixty approximately equal monthly installments,
commencing during the month in which the Parity Obligations are delivered or the month thereafter
if delivery is made after the 15th day thereof, equal to not less than one, sixtieth (I/60th) of the
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Required Reserve Amount, until such time as such amounts together with other amounts, if any, in
the Debt Service Reserve Fund, equal the Required Reserve Amount. When and so long as the
Reserve Fund Obligations in the Debt Service Reserve Fund are not less than the Required Reserve
Amount, no deposits need be made to the credit of the Debt Service Reserve Fund. When and if the
Debt Service Reserve Fund at any time contains less than the Required Reserve Amount due to any
cause or condition other than the issuance of Parity Obligations then, subject and subordinate to
making the required deposits to the credit of the Debt Service Fund, commencing with the month
during which such deficiency occurs, such deficiency shall be made up from the next available Net
Revenues or from any other sources available for such purpose, in the manner provided in Section
7( d) of this Ordinance. Reimbursements to a provider of a Credit Facility made in accordance with
the terms of Section 7(f) of this Ordinance shall constitute the making up of a deficiency to the
extent that such reimbursements result in the reinstatement, in whole or in part, as the case may be,
of the amount of the Credit Facility. If the Debt Service Reserve Fund contains less than the
Required Reserve Amount due to the issuance of Parity Obligations, monthly deposits shall be made
to the Debt Service Reserve Fund in the manner described in the first sentence of this subsection,
commencing during the month and in the amounts required by this Ordinance and the Supplement
pursuant to which such Parity Obligations are to be issued or incurred, unless Reserve Fund
Obligations are credited to the Debt Service Reserve Fund in an amount necessary to cause the sum
of money and the Value of Investment Securities and any other Credit Facilities in the Debt Service
Reserve Fund to equal the Required Reserve Amount.
(c) Operating Reserve Fund. If on the 15th day of any month, there is on deposit in the
Operating Reserve Fund an amount less than one-sixth (1/6th) of the estimated total Operating
Expenses for the then current Fiscal Year as set forth in the then current Annual Budget, the City
shall credit to the Operating Reserve Fund, out of moneys in the Airport Fund after paying Operating
Expenses and making the required payments for such month into the Debt Service Fund and the Debt
Service Reserve Fund as described above, there shall be deposited to the credit of the Operating
Reserve Fund, in no more than twelve (12) monthly installments, an amount equal to not less than
one-twelfth (l1l2th) of the difference between one-sixth (1/6th) of the estimated total Operating
Expenses for said Fiscal Year as set forth in the then current Annual Budget and the amount then on
deposit in the Operating Reserve Fund.
(d) Subordinated Debt Fund. To the credit of the Subordinated Debt Fund, for deposit
in any Account established therein, including specifically the Airport GO Debt Account, such
amounts, as more fully described in any ordinance hereafter adopted authorizing the issuance or
incurrence of Subordinated Debt, as will be sufficient, together with other amounts, if any, in the
Subordinated Debt Fund available for such purpose, to make scheduled payments with respect to
Subordinated Debt on the next succeeding date payment is due. The foregoing notwithstanding, with
respect to deposits to the credit of the Airport GO Debt Account, such deposits shall commence
during the month in which the first issue of Parity Obligations issued under this Ordinance and the
Supplement authorizing such Parity Obligations is delivered or the month thereafter if delivery of
such Parity Obligations is made after the 15th day thereof.
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(e) Surplus. Should there be any surplus moneys available in the Airport Fund from Gross
Revenues deposited to the credit of the Airport Fund during the then current Fiscal Year, following
the payment in such Fiscal Year of Operating Expenses and such payments and transfers to the Debt
Service Fund, the Debt Service Reserve Fund, the Operating Reserve Fund and the Subordinated
Debt Fund as described above, such surplus may be used by the City, at the discretion of the
Aviation Director (consistent with the terms of the use agreements with the airlines operating at the
Airport), for any lawful purpose relating to the ownership and operation of the Airport including,
without limitation, funding any deficiencies in the Capital Reserve Fund and the payment of future
debt service on Parity Obligations and Subordinated Debt.
SECTION 12. ISSUANCE OF ADDITIONAL OBLIGATIONS. (a) Parity
Obligations. The City reserves the right to issue or incur, for any lawful purpose, pursuant to this
Ordinance and a Supplement (other than a Supplement adopted concurrently with this Ordinance),
additional Parity Obligations; provided, however, that no such Parity Obligations shall be delivered
unless:
(i) No Default. The Designated Financial Officer and the Aviation Director certifY that,
upon incurring, issuing or otherwise becoming liable in respect to such Parity
Obligations, the City will not be in default under any term or provision of this
Ordinance, any Parity Obligations then Outstanding or any Supplement pursuant to
which any of such Parity Obligations were issued or incurred.
(ii) Proper Fund Balances. The Designated Financial Officer certifies that, upon the
issuance of such Parity Obligations, the Debt Service Fund will have the required
amounts on deposit therein and that the Debt Service Reserve Fund will contain the
applicable Required Reserve Amount or so much thereof as is required to be funded
at such time. Upon the issuance of such Parity Obligations, any additional amounts
necessary to cause the Debt Service Reserve Fund to be funded in the Required
Reserve Amount may be funded over a 60-month period in the manner provided for
in Section II(b) of this Ordinance.
(iii) Proiected Coverage. An Airport Consultant provides a written report setting forth
projections which indicate that the estimated Net Revenues of the Airport for each
of three consecutive Fiscal Years beginning in the earlier of
(A)
the first Fiscal Year following the estimated date of completion and initial
use of all revenue producing facilities to be financed with Parity Obligations,
based upon a certified written estimated completion date by the consulting
engineer for such facility or facilities, or
(B)
the first Fiscal Year in which the City will have scheduled payments of
interest on or principal of the Parity Obligations to be issued for the payment
of which provision has not been made as indicated in the report of such
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Airport Consultant from proceeds of such Parity Obligations, investment
income thereon or from other appropriated sources (other than Net
Revenues).
are equal to at least 1.25 times of the Annual Debt Service Requirements on all Parity
Obligations scheduled to occur during each such respective Fiscal Year after taking
into consideration the additional Annual Debt Service Requirements for the Parity
Obligations then being issued or incurred.
(iv) Alternative Coverage for Parity Obligations. In lieu of the certification in clause (iii)
above, the Designated Financial Officer may provide a certificate showing that, for
either the City's most recent complete Fiscal Year or for any consecutive 12 out of
the most recent 18 months, the Net Revenues of the Airport were equal to at least
1.25 times of the maximum Annual Debt Service Requirements on all Parity
Obligations scheduled to occur in the then current or any future Fiscal Year after
taking into consideration the Parity Obligations proposed to be issued or incurred.
(b) Refunding Obligations. If Parity Obligations are being issued for the purpose of
refunding less than all Outstanding Parity Obligations, neither of the certifications described in
subsections (a)(iii) or (a)(iv) of this Section are required so long as the Designated Financial Officer
provides a certificate showing that the aggregate debt service requirements of such refunding Parity
Obligations will not exceed the aggregate debt service requirements of the Parity Obligations being
refunded.
(c) Completion Obligations. The City reserves the right to issue or incur Parity
Obligations to pay the cost of completing any Capital Improvements for which Parity Obligations
have previously been issued.
Prior to the delivery of Completion Obligations, the City must provide, in addition to all of
the applicable certificates required by subsection (a) ofthis Section (other than the certificates not
required under the circumstances described below), the following documents:
(i)
a certificate of the consulting engineer engaged by the City to design the
Capital Improvement for which the Completion Obligations are to be
delivered stating that such Capital Improvement has not materially changed
in scope since the most recent series of Parity Obligations was issued or
incurred for such purpose (except as permitted in the Supplement authorizing
such Parity Obligations) and setting forth the aggregate cost of the Capital
Improvement which, in the opinion of such consulting engineer, has been or
will be incurred; and
(ii)
a certificate of the Aviation Director (A) stating that all amounts allocated to
pay costs of the Capital Improvement from the proceeds of the most recent
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series of Parity Obligations issued or incurred in connection with the Capital
Improvement for which the Completion Obligations are being issued or
incurred were used or are still available to be used to pay costs of such
Capital Improvement; (B) containing a calculation of the amount by which
the aggregate cost of that Capital Improvement (furnished in the consulting
engineer's certificate described above) exceeds the sum of the costs of the
Capital Improvement paid to such date plus the moneys available at such date
within any construction fund or other like account applicable to the Capital
Improvement plus any other rnoneys which the Aviation Director, in the
discretion thereof, has determined are available to pay such costs in any other
fund; and (C) certifYing that, in the opinion of the Aviation Director, it is
necessary to issue or incur the Completion Obligations to provide funds for
the completion of the Capital Improvement.
Completion Obligations may be issued or incurred for any Airport facility or project which
shall be declared in the Supplement to be a Capital Improvement. Any such Supplement may
contain such further provisions as the City shall deem appropriate with regard to the use, completion,
modification or abandonment of such Capital Improvement. Anything herein to the contrary, the
provisions of subsections (a)(iii) and (a)(iv) of this Section do not apply to Completion Obligations
if the aggregate principal amount of the Completion Obligations then to be issued does not exceed
15% of the aggregate principal amount of the Parity Obligations initially issued to pay the cost of
such Capital Improvement.
(d) Subordinated Debt and Special Facilities Debt. Subordinated Debt and Special
Facilities Debt may be issued or incurred by the City without limitation. Subordinated Debt shall
be payable from moneys deposited to the credit of the Subordinated Debt Fund. Special Facilities
Debt is permitted to be issued, as described in Section 4(g) hereof, and shall not be secured by a lien
on and pledge of Net Revenues.
(e) Credit Agreements. Payments to be made under a Credit Agreement may be treated
as Parity Obligations if the governing body of the City makes a finding in the Supplement
authorizing the treatment of the obligations ofthe City incurred under a Credit Agreement as a Parity
Obligation that, based upon the findings contained in a certificate executed and delivered by a
Designated Financial Officer, the City will have sufficient funds to meet the financial obligations
of the Airport, including sufficient Net Revenues to satisfY the Annual Debt Service Requirements
of the Airport and the financial obligations of the City relating to the Airport after giving effect to
the treatment of the Credit Agreement as a Parity Obligation.
(f) Determination of Net Revenues. In making a determination of Net Revenues for
any of the purposes described in this Section, the Airport Consultant or the Designated Financial
Officer may take into consideration a change in the rates and charges for services and facilities
afforded by the Airport that became effective at least 30 days prior to the last day of the period for
which Net Revenues are determined and, for purposes of satisfYing the Net Revenues tests described
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above, make a pro forma determination of the Net Revenues of the Airport for the period of time
covered by the certification or opinion based on such change in rates and charges being in effect for
the entire period covered by the certificate or opinion.
SECTION 13. DEFEASANCE. The provisions relating to the terms and conditions upon
which a defeasance of Parity Obligations shall be effected shall be contained in the Supplement
authorizing such Parity Obligations.
SECTION 14. AMENDMENT OF ORDINANCE. (a) Approval of Amendments. The
owners of a majority in Outstanding Principal Amount of the Parity Obligations shall have the right
from time to time to approve any amendment to this Ordinance which may be deemed necessary or
desirable by the City; provided, however, that nothing herein contained shall permit or be construed
to permit the amendment of the terms and conditions in this Ordinance or in the Parity Obligations
so as to:
(i) Make any change in the maturity of any of the Outstanding Parity Obligations;
(ii) Reduce the rate of interest borne by any of the Outstanding Parity Obligations;
(iii) Reduce the amount of the principal payable on the Outstanding Parity Obligations;
(iv) Modify the terms of payment of principal of, premium, if any, or interest on the
Outstanding Parity Obligations or impose any conditions with respect to such
payment:
(v) Affect the rights of the owners of less than all of the Parity Obligations then
Outstanding;
(vi) Amend this subsection (a) of this Section; or
(vii) Change the minimum percentage of the principal amount of Parity Obligations
necessary for consent to any amendment;
unless such amendment or amendments be approved by the owners of all of the Parity Obligations
then Outstanding.
(b) Notice. If at any time the City shall desire to amend this Ordinance under this Section,
the City shall cause notice ofthe proposed amendment to be published in a financial newspaper or
journal published in The City of New York, New York, and a newspaper of general circulation in
the City, once during each calendar week for at least two successive calendar weeks. Such notice
shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on
file at the City and at the principal office of each Paying Agent or Registrar, as the case may be, for
the Parity Obligations for inspection by all Holders of Parity Obligations. Such publication is not
required, however, if notice in writing is given to each owner of Parity Obligations.
(c) Adoption. Whenever at any time not less than 30 days, and within one year, from the
date of the first publication of said notice or other service of written notice the City shall receive an
instrument or instruments executed by the owners of at least a majority in Outstanding Principal
Amount of the Parity Obligations then Outstanding, which instrument or instruments shall refer to
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the proposed amendment described in said notice and which specifically consent to and approve such
amendment in substantially the form of the copy thereof on file with each Paying Agent or Registrar,
as the case may be, for the Parity Obligations, the governing body of the City may pass the
amendatory ordinance in substantially the same form.
(d) Ordinance Deemed Amended. Upon the passage of any amendatory ordinance pursuant
to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with
such amendatory ordinance, and the respective rights, duties and obligations under this Ordinance
of the City and all the owners of then Outstanding Parity Obligations and all future Parity
Obligations shall thereafter be determined, exercised and enforced hereunder, subject in all respects
to such amendments.
(e) Consent Irrevocable. Any consent given by the owner of a Parity Obligation pursuant
to the provisions of this Section shall be irrevocable for a period of six months from the date of the
first publication of the notice provided for in this Section, and shall be conclusive and binding upon
all future owners of the same Parity Obligation during such period. Such consent may be revoked
at any time after six months from the date of the first publication of such notice by the owner who
gave such consent, or by a successor in title, by filing written notice thereof with the Paying Agent
or Registrar, as the case may be, for such Parity Obligation and the City, but such revocation shall
not be effective if the owners of at least a majority in Outstanding Principal Amount of the then
Outstanding Parity Obligations as determined in accordance with this Section have, prior to the
attempted revocation, consented to and approved the amendment.
(f) Amendments Without Consent. The foregoing proVISIOns of this Section
notwithstanding, the City by action of its governing body may amend this Ordinance without the
consent of any owner of a Parity Obligation for anyone or more of the following purposes:
(i) To add to the covenants and agreements of the City in this Ordinance contained,
other covenants and agreements thereafter to be observed, grant additional rights or remedies
to the owners of the Parity Obligations or to surrender, restrict or limit any right or power
herein reserved to or conferred upon the City;
(ii) To make such provisions for the purpose of curing any ambiguity, or curing,
correcting or supplementing any defective provision contained in this Ordinance, or in regard
to clarifYing matters or questions arising under this Ordinance, as are necessary or desirable
and not contrary to or inconsistent with this Ordinance and which shall not adversely affect
the interests of the owners of the Parity Obligations then Outstanding;
(iii) To modifY any of the provisions of this Ordinance in any other respect
whatsoever, provided that (A) such modification shall be, and be expressed to be, effective
only after all Parity Obligations outstanding at the date of the adoption of such modification
shall cease to be outstanding, and (B) such modification shall be specifically referred to in
the text of all Parity Obligations issued after the date of the adoption of such modification;
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(iv) To make such amendments to this Ordinance as may be required, in the opinion
of Bond Counsel, to ensure compliance with sections 103 and 141 through 150 of the Code
and the regulations promulgated thereunder and applicable thereto;
(v) To make such changes, modifications or amendments as may be necessary or
desirable in order to allow the owners ofthe Parity Obligations to thereafter avail themselves
of a book -entry system for payments, transfers and other matters relating to the Parity
Obligations, which changes, modifications or amendments are not contrary to or inconsistent
with other provisions of this Ordinance and which shall not adversely affect the interests of
the owners of the Parity Obligations;
(vi) To make such changes, modifications or amendments as may be necessary or
desirable in order to obtain the approval of the Parity Obligations by the Office of the
Attorney General of the State of Texas, to the extent such approval is required by law, or to
obtain or maintain the granting of a rating on the Parity Obligations by a Credit Rating
Agency, or to obtain or maintain a Credit Agreement or a Credit Facility; and
(vii) To make such changes, modifications or amendments as may be necessary or
desirable, which shall not adversely affect the interests of the owners of the Parity
Obligations, in order, to the extent permitted by law, to facilitate the economic and practical
utilization of interest rate swap agreements, foreign currency exchange agreements, or
similar types of agreements with respect to the Parity Obligations.
Notice of any such amendment of the nature described in this subsection may be published by the
City in the manner described in subsection (b) of this Section; provided, however, that the
publication of such notice shall not constitute a condition precedent to the adoption of such
amendatory ordinance and the failure to publish such notice shall not adversely affect the
implementation of such amendment as adopted pursuant to such amendatory ordinance.
(g) Ownership. For the purpose ofthis Section, the ownership and other matters relating
to all Parity Obligations shall be determined as provided in each Supplement.
(h) Amendments of Supplements. Each Supplement shall contain provisions governing
the ability of the City to amend such Supplement; provided, however, that no amendment may be
made to any Supplement for the purpose of granting to the owners of Outstanding Parity Obligations
under such Supplement a priority over the owners of any other Outstanding Parity Obligations.
SECTION 15. DEFICIENCIES; EXCESS NET REVENUES. (a) Deficiencies. If on
any occasion there shall not be sufficient Net Revenues to make the required deposits into the Funds
and Accounts established in accordance with this Ordinance and any Supplement, then such
deficiency shall be made up as soon as possible from the next available Net Revenues, or from any
other source available for such purpose.
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(b) Surplus. Subject to making the required deposits to the credit of the Funds and
Accounts established in accordance with this Ordinance and any Supplement, when and as required
by this Ordinance and any Supplement, the excess Net Revenues may be used by the City for any
lawful purpose, consistent with the provisions of Section 11 of this Ordinance and applicable
provisions of federal law.
SECTION 16. FUNDS SECURED. Moneys in all Funds and Accounts created in
accordance with this Ordinance and any Supplement shall be secured in the manner prescribed by
law for securing funds ofthe City.
SECTION 17. INVESTMENTS. Moneys in any Fund or Account established pursuant
to this Ordinance and any Supplement may, at the option of the City, be placed or invested in
Eligible Investments. The value of any such Fund or Account shall be established by adding any
money therein to the Value of Investment Securities. The value of each such Fund or Account shall
be established no less frequently than annually during the last month of each Fiscal Year. Earnings
derived from the investment of moneys on deposit in the various Funds and Accounts shall be
credited to the Fund or Account from which moneys used to acquire such investment shall have
come; provided, however, that transfers from the Debt Service Reserve Fund to the Airport Fund as
described in Section 7(b) shall be made at the discretion of the Designated Financial Officer.
Eligible Investments credited to the Debt Service Reserve Fund shall have stated maturities, or be
redeemable at the option of the holder thereof at a stated price and time, not later than seven years
after the date of the investment therein or the date of last maturity of Parity Obligations, whichever
date is earlier. Eligible Investments credited to the Debt Service Fund and the Operating Reserve
Fund shall have stated maturities, or be redeemable at the option of the holder thereof at a stated
price and time, not later than the date such moneys shall be needed to pay principal (including
scheduled mandatory sinking fund redemption payments) and interest on Parity Obligations, or to
pay Operating Expenses, as the case may be.
SECTION 18. PREAMBLE. The preamble of this Ordinance is hereby incorporated by
reference, and is to be considered a part of the operative text of this Ordinance.
SECTION 19. RULES OF CONSTRUCTION. For all purposes of this Ordinance, unless
the context requires otherwise, all references to designated Sections and other subdivisions are to
the Sections and other subdivisions of this Ordinance. The words "herein", "hereof' and
"hereunder" and other words of similar import refer to this Ordinance as a whole and not to any
particular Section or other subdivision. Except where the context otherwise requires, terms defined
in this Ordinance to impart the singular number shall be considered to include the plural number and
vice versa. References to any named Person means that party and its successors and assigns.
References to any constitutional, statutory or regulatory provision means such provision as it exists
on the date this Ordinance is adopted by the City and any future amendments thereto or successor
provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to
include the payment of mandatory sinking fund redemption payments as described in a Supplement.
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SECTION 20. INTERPRETATIONS. The titles and headings of the Sections and
subsections of this Ordinance have been inserted for convenience of reference only and are not to
be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions
hereof.
SECTION 21. DELEGATION OF AUTHORITY. In respect to the delegation by the
City of any authority to an officer or employee of the City under Chapter 1371 to perform any duty
or responsibility hereunder or in a Supplement, the City hereby finds that a finding or determination
made by such officer or employee has the same force and effect as a finding or determination made
by the governing body of the City.
SECTION 22. IMMEDIATE EFFECT. On request of the Mayor to find and declare an
emergency due to the immediate need for the efficient and effective administration of City affairs
by establishing the airport revenue bond financing program in conjunction with authorizing the
issuance of Parity Obligations, such finding of an emergency is hereby specifically made and
declared, requiring suspension of the Charter rule as to consideration and voting upon ordinances
or resolutions at two regular meetings so that this Ordinance be passed and take effect upon first
reading.
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
- -Ii,. 11
APPROVED THIS THE 16 DAY OF If't)'~s-t
James R. Bray, Jr., City Attorney
,2000:
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Corpus Christi, Texas
_ day of , 2000
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
F or the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel 1. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel 1. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
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FIRST ORDINANCE
SUPPLEMENTING THE MASTER ORDINANCE AUTHORIZING THE
ISSUANCE, SALE, AND DELIVERY OF CITY OF CORPUS CHRISTI
GENERAL AIRPORT REVENUE BONDS, SERIES 2000A (EXEMPT
FACILITY BONDS); AND APPROVING AND AUTHORIZING
INSTRUMENTS AND PROCEDURES RELATING THERETO; AND
DECLARING AN EMERGENCY.
PREAMBLE
SECTION I.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION II.
SECTION 12.
SECTION 13.
OJRB0500.064
TABLE OF CONTENTS
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AMOUNT, PURPOSE, AND DESIGNATION OF THE BONDS ...
DA TE, DENOMINATIONS, NUMBERS, MATURITIES, AND
FORM OF BONDS ........................................
INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
REGISTRATION, TRANSFER, AND EXCHANGE;
AUTHENTICATION AND BOOK-ENTRY ONLY SYSTEM. . . . . .
ESTABLISHMENT OF REVENUE BOND FINANCING PROGRAM
AND ISSUANCE OF PARITY OBLIGATIONS.................
SECURITY ..............................................
PAYMENTS; DEBT SERVICE FUND ........................
CONSTRUCTION FUND; REBATE FUND. . . . .. . . . . . . . . . . . . . .
DAMAGED, MUTILATED, LOST, STOLEN OR
DESTROYED BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AMENDMENT OF SUPPLEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . .
COVENANTS REGARDING TAX EXEMPTION. . . . . . . . . . . .. . .
ALLOCATION OF, AND LIMITATION ON, EXPENDITURES
FOR THE PROJECT. ......................................
219
~
I
2
2
2
3
3
7
8
8
9
9
10
12
14
SECTION 14. DISPOSITION OF PROJECT. . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . 15
SECTION 15. FIRST SUPPLEMENT TO CONSTITUTE A CONTRACT;
EQUAL SECURITY ............. . .. . .. . . . . . . .. .. . . .. .. . .. . 15
SECTION 16. SEVERABILITY OF INVALID PROVISIONS. . . . . . . . . . . . . . . . . . 15
SECTION 17. PAYMENT AND PERFORMANCE ON BUSINESS DAYS .... . . . 15
SECTION 18. LIMITATION OF BENEFITS WITH RESPECT TO THE FIRST
SUPPLEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 19. CUSTODY, APPROVAL, BOND COUNSEL'S OPINION,
CUSIP NUMBERS, PREAMBLE AND INSURANCE. . . . . . . . . . . . 16
SECTION 20. COMPLIANCE WITH RULE 15c2-12 . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 21. DEFEASANCE OF BONDS................................. 18
SECTION 22. FURTHER PROCEDURES ................................. 19
SECTION 23. BOND INSURANCE AND DEBT SERVICE RESERVE FUND
INSURANCE POLICIES ................................... 19
SECTION 24. RULES OF CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SECTION 25. INTERPRETATIONS. . . .. . . . ... . . . .. . . . . . . . . . ... .. .. . . . .. . 20
SECTION 26. DELEGATION OF AUTHORITy............................ 20
SECTION 27. REPEAL OF CONFLICTING ORDINANCES .................. 20
SECTION 28. IMMEDIATE EFFECT. . . . . ... . .. . . . . . . . . . . . . . . . .. . . . . . . . . . 20
EXHIBIT A DEFINITIONS. . . .. . . . . . . . . . . . . ... . . . . . . . . . .. .. . ... .. . . . . . A-I
EXHIBIT B FORM OF BONDS ........................................ B-1
EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION ..... C-l
EXHIBIT D ORDINANCE REQUIREMENTS OF INSURER ................ D-l
"~~..,
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ORDINANCE
SUPPLEMENTING THE MASTER ORDINANCE AUTHORIZING THE
ISSUANCE, SALE, AND DELIVERY OF CITY OF CORPUS CHRISTI
GENERAL AIRPORT REVENUE BONDS, SERIES 2000A (EXEMPT
FACILITY BONDS); AND APPROVING AND AUTHORIZING
INSTRUMENTS AND PROCEDURES RELATING THERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, on August 22, 2000, the City Council of the City of Corpus Christi, Texas
adopted the "Master Ordinance Establishing the General Airport Revenue Bond Financing Program
With Respect to the Issuance of Obligations by the City of Corpus Christi, Texas Secured by General
Airport Revenues" (referred to herein as the "Master Ordinance"); and
WHEREAS, unless otherwise defined herein, terms used herein shall have the meaning given
in the Master Ordinance; and
WHEREAS, the Master Ordinance establishes the program under which revenue supported
indebtedness attributable to the Airport can be incurred, and pledges the Pledged Revenues to the
payment of Parity Obligations to be outstanding under the Master Ordinance; and
WHEREAS, the City deems it necessary to issue the first series of Parity Obligations pursuant
to this First Supplement to the Master Ordinance for the purposes hereinafter described; and
WHEREAS, the bonds authorized to be issued by this First Supplement (the "Bonds") are
to be issued and delivered pursuant to laws of the State of Texas, including particularly Chapter 22,
Texas Transportation Code and Chapter 1371, Texas Government Code; and
WHEREAS, this First Supplement is being adopted concurrently with the adoption of the
Master Ordinance; and
WHEREAS, in addition to the first series of Parity Obligations authorized to be issued by this
First Supplement, the City is concurrently adopting a Second Supplement to the Master Ordinance
authorizing the issuance of the Second Series Bonds for the purposes described in the Second
Supplement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS THAT:
SECTION 1. DEFINITIONS. In addition to the definitions set forth in the preamble of this
First Supplement, the terms used in this First Supplement (except in the FORM OF BONDS) and not
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otherwise defined shall have the meanings given in the Master Ordinance or in Exhibit "A" to this
First Supplement attached hereto and made a part hereof.
SECTION 2. AMOUNT, PURPOSE, AND DESIGNATION OF THE BONDS. The
"CITY OF CORPUS CHRISTI, TEXAS GENERAL AIRPORT REVENUE BONDS, SERIES
2000A (EXEMPT FACILITY BONDS)", are hereby authorized to be issued and delivered in the
aggregate principal amount of $13,850,000 FOR THE PURPOSE OF CONSTRUCTING,
IMPROVING, RENOVATING, ENLARGING AND EQUIPPING THE CORPUS CHRISTI
INTERNATIONAL AIRPORT.
SECTION 3. DATE, DENOMINATIONS, NUMBERS, MATURITIES AND TERMS
OF BONDS. (a) Terms of Bonds. The Bonds shall be dated the Bond Date, shall be in the
denomination of$5,000, or any integral multiple thereof (an "Authorized Denomination"), shall be
numbered consecutively from R-l upward, and shall mature and be payable serially on February 15
in each ofthe years and in the amounts as set forth in the Purchase Agreement.
(b) Sale of Bonds. The sale of the Bonds to the Underwriters, at the purchase price
described in the Purchase Agreement, is hereby authorized, ratified and confirmed. One Bond in the
principal amount maturing on each maturity date as set forth in the Purchase Agreement shall be
delivered to the Underwriters, and the Underwriters shall have the right to exchange such bonds as
provided in Section 5 hereof without cost.
(c) Purchase Agreement. The Purchase Agreement setting forth the terms of the sale of the
Bonds to the Underwriters, in substantially the form attached to this First Supplement, is hereby
accepted, approved and authorized to be delivered in executed form to the Underwriters. The
Designated Financial Officer is hereby authorized to execute and deliver the Purchase Agreement on
behalf of the City.
(d) Offering Documents. The "Official Statement" prepared in connection with the sale of
the Bonds, in substantially the form attached to this First Supplement, is hereby accepted, approved
and authorized to be delivered in executed form to the Underwriters. The use of the "Preliminary
Official Statement" prepared in connection with the sale of the Bonds is hereby ratified.
(e) Form of Bonds. The form of the Bonds, including the form of the Authentication
Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of
Public Accounts ofthe State of Texas, with respect to the Bonds initially issued and delivered to the
Underwriters pursuant to this First Supplement, shall be, respectively, substantially as set forth in
Exhibit "B", with such appropriate variations, omissions, or insertions as are permitted or required
by this First Supplement.
(f) Redemption Features. The Bonds shall be subject to redemption in accordance with the
terms and conditions set forth in the Purchase Agreement. The FORM OF BOND set forth in Exhibit
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"B" to this First Supplement shall contain the redemption featttres applicable to the Bonds, consistent
with the Purchase Agreement.
SECTION 4. INTEREST. The Bonds shall bear interest, calculated on the basis of a 360-
day year composed of twelve 30-day months, from the Bond Date, until Maturity, at the rates per
annum set forth in the Purchase Agreement. Said interest shall be payable to the registered owner of
any such Bond in the manner provided and on the dates stated in the FORM OF BOND set forth in
Exhibit "B" to this First Supplement.
SECTION 5. REGISTRATION, TRANSFER, AND EXCHANGE;
AUTHENTICATION; BOOK-ENTRY ONLY SYSTEM. (a) Registration, Transfer,
Conversion and Exchange; Authentication. The City shall keep or cause to be kept at the trust
office designated in the Paying Agent Agreement (the "Designated Trust Office") by Chase Bank of
Texas, National Association (the "Paying Agent/Registrar"), books or records for the registration of
the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the City hereby
appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records
and make such registrations of transfers, conversions and exchanges under such reasonable regula-
tions as the City and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall
make such registrations, transfers, conversions and exchanges as herein provided. The execution of
a Paying Agent Agreement, in such form as is approved by the City Attorney, is hereby authorized.
The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the
registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein
provided; but it shall be the duty of each registered owner to notifY the Paying Agent/Registrar in
writing of the address to which payments shall be mailed, and such interest payments shall not be
mailed unless such notice has been given. The City shall have the right to inspect the Registration
Books during regular business hours of the Paying AgentlRegistrar, but otherwise the Paying
AgentlRegistrar shall keep the Registration Books confidential and, unless otherwise required by law,
shall not permit their inspection by any other entity. The City shall pay the Paying AgentlRegistrar's
standard or customary fees and charges for making such registration, transfer, conversion, exchange
and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and
exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM
OF BOND set forth in Exhibit "B" to this First Supplement. Each substitute Bond shall bear a letter
and/or number to distinguish it from each other Bond.
On each substitute bond issued in exchange for or replacement of any Bond issued under this
First Supplement there shall be printed thereon a Paying AgentlRegistrar's Authentication Certificate,
in the form hereinafter set forth in the FORM OF BOND set forth in Exhibit "B" to this First
Supplement (the "Authentication Certificate"). It is specifically provided, however, that any Bond
delivered in exchange for or replacement of another Bond prior to the first scheduled interest payment
date on the Bonds (as stated on the face thereof) shall be dated the same date as such Bond, but each
substitute bond so delivered on or after such first scheduled interest payment date shall be dated as
of the interest payment date preceding the date on which such substitute bond is delivered, unless
such substitute bond is delivered on an interest payment date, in which case it shall be dated as of
such date of delivery; provided, however, that if at the time of delivery of any substitute bond the
interest on the Bond for which it is being exchanged has not been paid, then such substitute bond shall
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be dated as ofthe date to which such interest has been paid in full. An authorized representative of
the Paying Agent/Registrar shall, before the delivery of any such substitute bond, date such substitute
bond in the manner set forth above, and manually sign and date the Authentication Certificate, and
no such substitute bond shall be deemed to be issued or outstanding unless the Authentication Certifi-
cate is so executed.
The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for
conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted
by the governing body of the City or any other Person so as to accomplish the foregoing conversion
and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the
printing, execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant
to Chapter 1206, and particularly Subchapter B thereof, the duty of conversion and exchange of
Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of
the Authentication Certificate, the converted and exchanged Bond shall be valid, incontestable, and
enforceable in the same manner and with the same effect as the Bonds which initially were issued and
delivered pursuant to this First Supplement, approved by the Attorney General, and registered by the
Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The City hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of, premium, if any, and interest
on the Bonds, all as provided in this First Supplement. The Paying Agent/Registrar shall keep proper
records of all payments made by the City and the Paying Agent/Registrar with respect to the Bonds.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be payable only to the registered owners
thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned,
(iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be
signed, sealed, executed and authenticated, (vii) the principal of and interest on which shall be pay-
able, and (viii) shall be administered and the Paying Agent/Registrar and the City shall have certain
duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the
effect as required or indicated, in the FORM OF BOND set forth in Exhibit "B" to this First
Supplement. The Bonds initially issued and delivered pursuant to this First Supplement are not re-
quired to be. and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute
Bond issued in conversion of and exchange for any Bond or Bonds issued under this First Supplement
the Paying Agent/Registrar shall execute the Authentication Certification, in the manner hereinabove
described.
(d) Substitute Paying Agent/Registrar. The City covenants with the registered owners of
the Bonds that at all times while the Bonds are outstanding a competent and legally qualified entity
shall act as and perform the services of Paying Agent/Registrar for the Bonds under this First
Supplement, and that the Paying Agent/Registrar will be one entity. Such entity may be the City, to
the extent permitted by law, or a bank, trust company, financial institution, or other agency, as
selected by the City. The City reserves the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar, to be
effective not later than 30 days prior to the next principal or interest payment date after such notice.
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In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that
promptly it will appoint a competent and legally qualified entity to act as Paying Agent/Registrar
under this First Supplement. Upon any change in the Paying Agent/Registrar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along
with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar
designated and appointed by the City. Upon any change in the Paying Agent/Registrar, the City
promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each
registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also
shall give the address of the new Paying Agent/Registrar. By accepting the position and performing
as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this First
Supplement, and a certified copy of this First Supplement shall be delivered to each Paying
Agent/Registrar.
(e) Book Entry Only System. The Bonds issued on the Issuance Date in exchange for the
Bonds initially issued to the Underwriters shall be in the form of a separate single fully registered
Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall
be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York
("DTC"), and except as provided in subsection (f) hereof, all of the outstanding Bonds shall be
registered in the name of Cede & Co., as nominee ofDTC. The City heretofore has executed and
delivered to DTC a "Blanket Letter of Representations" with respect to the utilization by the City of
DTC's book-entry only system. Notwithstanding any other provision of this First Supplement to the
contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of and interest on such Bond and all notices with respect to such
Bond shall be made and given, respectively, in the manner provided in the representation letter of the
City to DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee ofDTC, the City and
the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and
dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf
DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of
securities transactions among DTC Participants or to any Person on behalf of whom such a DTC
Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the
City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the
accuracy of the records ofDTC, Cede & Co. or any DTC Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any DTC Participant or any other Person, other than a
registered owner of Bonds, as shown on the Registration Books, of any notice with respect to the
Bonds, or (iii) the payment to any DTC Participant or any other Person, other than a registered owner
of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest
on the Bonds. Notwithstanding any other provision of this First Supplement to the contrary, the City
and the Paying Agent/Registrar shall be entitled to treat and consider the Person in whose name each
Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of
payment of principal and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall
pay all principal of and interest on the Bonds only to or upon the order of the registered owners, as
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shown in the Registration Books as provided in this First Supplement, or their respective attorneys
duly authorized in writing, and all such payments shall be valid and effective to fully satisfY and
discharge the City's obligations with respect to payment of principal of and interest on the Bonds to
the extent of the sum or sums so paid. No Person other than a registered owner, as shown in the
Registration Books, shall receive a Bond evidencing the obligation of the City to make payments of
principal and interest pursuant to this First Supplement. Upon delivery by DTC to the Paying
AgentlRegistrar of written notice to the effect that DTC has determined to substitute a new nominee
in place of Cede & Co., and subject to the provisions in this First Supplement with respect to interest
checks being mailed to the registered owner at the close of business on the Record Date, the words
"Cede & Co." in this First Supplement shall refer to such new nominee ofDTC.
(f) Successor Securities Depository. In the event that the City determines that DTC is
incapable of discharging its responsibilities described herein and in the representation letter of the
City to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to
obtain certificated Bonds, the City shall (i) appoint a successor securities depository, qualified to act
as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notifY DTC and
DTC Participants of the appointment of such successor securities depository and transfer one or more
separate Bonds to such successor securities depository or (ii) notifY DTC and DTC Participants of the
availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants
having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted
to being registered in the Registration Books in the name of Cede & Co., as nominee ofDTC, but may
be registered in the name of the successor securities depository, or its nominee, or in whatever name
or names registered owners transferring or exchanging Bonds shall designate, in accordance with the
provisions ofthis First Supplement.
(g) Notice of Redemption. In addition to the method of providing a notice of redemption
set forth in the FORM OF BONDS, the Paying Agent/Registrar shall give notice of redemption of
Bonds by United States mail, first-class postage prepaid, at least 30 days prior to a redemption date
to each registered securities depository and to any national information service that disseminates re-
demption notices. In addition, in the event of a redemption caused by an advance refunding of the
Bonds, the Paying Agent/Registrar shall send a second notice of redemption to the Persons specified
in the immediately preceding sentence at least 30 days but not more than 90 days prior to the actual
redemption date. Any notice sent to the registered securities depositories or such national information
services shall be sent so that they are received at least two days prior to the general mailing or
publication date of such notice. The Paying Agent/Registrar shall also send a notice of prepayment
or redemption to the registered owner of any Bond who has not sent the Bonds in for redemption 60
days after the redemption date.
Each notice of redemption, whether required in the FORM OF BONDS or in this Section,
shall contain a description of the Bonds to be redeemed including the complete name of the Bonds,
the Series, the date of issue, the interest rate, the maturity date, the CUSIP number, the amounts called
of each certificate, the date of redemption, the redemption price, the name of the Paying
AgentlRegistrar and the address at which the Bonds may be redeemed, including a contact person and
telephone number.
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All redemption payments made by the Paying AgentlRegistrar to the registered owners of the
Bonds shall include a CUSIP number relating to each amount paid to such registered owner.
SECTION 6. ESTABLISHMENT OF REVENUE BOND FINANCING PROGRAM
AND ISSUANCE OF PARITY OBLIGATIONS. By adoption of the Master Ordinance the City
has provided a financing structure for revenue supported indebtedness to be issued or incurred for the
Airport. The Master Ordinance is intended to establish a master plan under which revenue supported
debt for the Airport can be delivered. This First Supplement provides for the authorization, issuance,
sale, delivery, form, characteristics, provisions of payment and redemption, and security of the Bonds,
which are the first series of Parity Obligations. This First Supplement and the Master Ordinance were
adopted concurrently, and therefore the City declares that the conditions for the issuance of Parity
Obligations as described in Section 12 of the Master Ordinance do not apply to the issuance of the
Bonds. The Master Ordinance is incorporated herein by reference and as such made a part hereof for
all purposes, except to the extent modified and supplemented hereby. The Bonds are hereby declared
to be Parity Obligations under the Master Ordinance.
SECTION 7. SECURITY. (a) Pledged Revenues. The Bonds are special obligations of
the City payable from and secured solely by the Pledged Revenues pursuant to the Master Ordinance
and this First Supplement. The Pledged Revenues are hereby pledged to the payment of the principal
of, premium, if any, and interest on the Bonds as the same shall become due and payable.
(b) Debt Service Reserve Fund. The Bonds are to be secured by the Debt Service Reserve
Fund. The City covenants and agrees to fund the Debt Service Reserve Fund by obtaining on the
Issuance Date a municipal bond debt service reserve insurance policy from the Insurer in an amount
equal to the Required Reserve Amount.
SECTION 8. PAYMENTS; DEBT SERVICE FUND. (a) Moneys Made Available to
Paying Agent. The City agrees to pay the principal of, premium, if any, and the interest on the Bonds
when due, whether by reason of maturity or redemption. The City shall make available to the Paying
Agent/Registrar, on or before such principal, redemption. or interest payment date, money sufficient
to pay such interest on and such principal of the Bonds as will accrue or mature, or be subject to
redemption prior to maturity. The Paying Agent/Registrar shall cancel all paid Bonds and shall
furnish the City with an appropriate certificate of cancellation.
(b) Debt Service Fund. Moneys in the Airport Fund not required for paying Operating
Expenses during each month shall be applied by the City in the order of priority with respect to the
Funds and Accounts that such applications are described in the Master Ordinance. The Master
Ordinance provides that deposits will be made to the credit of the Debt Service Fund in accordance
with the terms of the Supplement authorizing the issuance or incurrence of Parity Obligations. With
respect to the Bonds, deposits shall be made to the credit of the Debt Service Fund on or before the
15th day of each month, in the following order of priority, to-wit:
(i) such amounts, deposited in approximately equal monthly installments, commencing
during the month in which the Bonds are delivered or the month thereafter if delivery is made
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after the 15th day thereof, as will be sufficient, together with other amounts, if any, in the
Debt Service Fund available for such purpose (including specifically moneys on deposit in
the Capitalized Interest Account in which capitalized interest is deposited and dedicated
thereto), to pay the interest scheduled to come due on the Bonds on the next succeeding
interest payment date;
(ii) such amounts, deposits in approximately equal montWy installments, commencing
during the month which shall be the later to occur of (i) the twelfth month before the first
maturity date of the Bonds, or (ii) the month in which the Bonds are delivered or the month
thereafter if delivery is made after the 15th day thereof, as will be sufficient, together with
other amounts, if any, in the Debt Service Fund available for such purpose, to pay the
principal scheduled to mature on the Bonds on the next succeeding principal payment date;
and
(iii) such amounts, deposited in approximately equal monthly installments,
commencing during the twelfth month before the first mandatory sinking fund redemption
date of the Bonds herein designated as "Term Bonds" within such series, to pay scheduled
mandatory sinking redemption amounts of such Term Bonds to be redeemed in accordance
with the terms of this First Supplement.
(c) Capitalized Interest Account. Within the Debt Service Fund there shall be established
the Capitalized Interest Account, into which account shall be credited amounts, if any, to be deposited
thereto to pay interest on the Bonds as the same shall come due, pursuant to the certificate to be
executed by the Designated Financial Officer as provided in Section 22 hereof.
SECTION 9. CONSTRUCTION FUND; REBATE FUND. (a) Construction Fund.
There is hereby created and there shall be established and maintained on the books of the City, and
accounted for separate and apart from all other funds of the City, a separate fund designated as the
Construction Fund. Proceeds from the sale of the Bonds, other than accrued interest and moneys, if
any, for deposit to the credit of the Debt Service Reserve Fund, shall be deposited to the credit of the
Construction Fund for use by the City for payment of all lawful costs associated with the
construction, improvement, renovation, enlargement and equipping of the Airport, as hereinbefore
provided. Upon payment of all such costs, any moneys remaining on deposit in the Construction
Fund shall be transferred FIRST to the Rebate Fund, to the extent the City is liable to pay rebate
amounts to the United States of America pursuant to the terms of the Code and NEXT to the Debt
Service Fund. Amounts so deposited to the Debt Service Fund shall be used in the manner described
in the Master Ordinance.
(b) Rebate Fund. There is hereby created and there shall be established and maintained on
the books of the City, and accounted for separate and apart from all other funds of the City, a separate
fund designated as the Rebate Fund. The Rebate Fund shall be for the sole benefit of the United
States of America and shall not be subject to the lien created by this First Supplement or to the claim
of any other Person, including the Holders of the Bonds. Amounts deposited to the Rebate Fund,
together with any investment earnings thereon, shall be held in trust and applied solely as provided
in section 148 of the Code.
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SECTION 10. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost,
stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered,
a new bond of the same series, principal amount, maturity, and interest rate, and in the same form,
as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the
manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged,
mutilated, lost, stolen, or destroyed Bonds shall be made to the Paying Agent/Registrar. In every case
of loss, theft, or destruction of a Bond, the applicant for a replacement bond shall furnish to the City
and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each
of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or
destruction of a Bond, the applicant shall furnish to the City and to the Paying Agent/Registrar
evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In
every case of damage or mutilation of a Bond, the applicant shall surrender to the Paying
Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) Payment in Lieu of Replacement. Notwithstanding the foregoing provisions of this
Section, in the event any such Bond shall have matured, and no default has occurred which is then
continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond,
the City may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity
is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond,
the Paying Agent/Registrar shall charge the owner of such Bond with all legal, printing, and other
expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this
Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual
obligation of the City whether or not the lost, stolen, or destroyed Bond shall be found at any time,
or be enforceable by anyone, and shall be entitled to all the benefits of this First Supplement equally
and proportionately with any and all other Bonds duly issued under this First Supplement.
(e) Authority for Issuing Replacement Bonds. In accordance with Chapter 1206, this
Section shall constitute authority for the issuance of any such replacement bond without the necessity
of further action by the City or any Person, and the duty of the replacement of such Bonds is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
authenticate and deliver such Bonds in the form and manner and with the effect, as provided in
Section 5 of this First Supplement for Bonds issued in exchange and replacement for other Bonds.
SECTION 11. AMENDMENT OF SUPPLEMENT. (a) Amendments Without
Consent. This First Supplement and the rights and obligations of the City and of the owners ofthe
Bonds may be modified or amended at any time without notice to or the consent of any owner of the
Bonds or any other Parity Obligations, solely for anyone or more of the following purposes:
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(i) To add to the covenants and agreements of the City contained in this First
Supplement, other covenants and agreements thereafter to be observed, or to surrender any
right or power reserved to or conferred upon the City in this First Supplement;
(ii) To cure any ambiguity or inconsistency, or to cure or correct any defective
provisions contained in this First Supplement, upon receipt by the City of an opinion of Bond
Counsel, that the same is needed for such purpose, and will more clearly express the intent
of this First Supplement;
(iii) To supplement the security for the Bonds, replace or provide additional credit
facilities, or change the form of the Bonds or make such other changes in the provisions
hereof as the City may deem necessary or desirable and which shall not, in the judgment of
the City, materially adversely affect the interests of the owners of the Outstanding Bonds;
(iv) To make any changes or amendments requested by any Credit Rating Agency then
rating or requested by the City to rate Parity Obligations, as a condition to the issuance or
maintenance of a rating, which changes or amendments do not, in the judgment of the City,
materially adversely affect the interests of the owners of the Outstanding Parity Obligations;
(v) To make such changes, modifications or amendments as are permitted by
SECTION 20(c)(v) of this First Supplement;
(vi) To make such changes, modifications or amendments as may be necessary or
desirable, which shall not adversely affect the interests of the owners of the Outstanding Parity
Obligations, in order, to the extent permitted by law, to facilitate the economic and practical
utilization of Credit Agreements with respect to the Parity Obligations; or
'-.",
(vii) To make such other changes in the provisions hereof as the City may deem
necessary or desirable and which shall not, in the judgment of the City, materially adversely
affect the interests of the owners of Outstanding Parity Obligations.
Notice of any such amendment may be published by the City in the manner described in subsection
(c) of this Section; provided, however, that the publication of such notice shall not constitute a
condition precedent to the adoption of such amendatory ordinance and the failure to publish such
notice shall not adversely affect the implementation of such amendment as adopted pursuant to such
amendatory ordinance.
(b) Amendments With Consent. Subject to the other provisions of this First Supplement,
the owners of Outstanding Bonds aggregating a majority in Outstanding Principal Amount shall have
the right from time to time to approve any amendment, other than amendments described in
Subsection (a) of this Section, to this First Supplement which may be deemed necessary or desirable
by the City; provided, however, that nothing herein contained shall permit or be construed to permit,
without the approval of the owners of all of the Outstanding Bonds, the amendment of the terms and
conditions in this First Supplement or in the Bonds so as to:
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(i) Make any change in the maturity of the Outstanding Bonds;
(ii) Reduce the rate of interest borne by Outstanding Bonds;
(iii) Reduce the amount of the principal payable on Outstanding Bonds;
(iv) ModifY the terms of payment of principal of or interest on the Outstanding Bonds,
or impose any conditions with respect to such payment;
(v) Affect the rights of the owners ofless than all Bonds then Outstanding; or
(vi) Change the minimum percentage of the Outstanding Principal Amount of Bonds
necessary for consent to such amendment.
(c) Notice. If at any time the City shall desire to amend this First Supplement other than
pursuant to subsection (a) of this Section, the City shall cause notice of the proposed amendment to
be published in a financial newspaper or journal of general circulation in The City of New York,
New York, and a newspaper of general circulation in the City, once during each calendar week for
at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed
amendment and shall state that a copy thereof is on file at the principal office of the Registrar for
inspection by all owners of Bonds. Such publication is not required, however, if the City gives or
causes to be given such notice in writing to each owner of Bonds.
(d) Receipt of Consents. Whenever at any time not less than thirty days, and within one
year, from the date of the first publication of said notice or other service of written notice of the
proposed amendment the City shall receive an instrument or instruments executed by all of the
owners or the owners of at least a majority in Outstanding Principal Amount of Bonds, as appropriate,
which instrument or instruments shall refer to the proposed amendment described in said notice and
which specifically consent to and approve such amendment in substantially the form of the copy
thereof on file as aforesaid, the City may adopt the amendatory ordinance in substantially the same
form.
(e) Effect of Amendments. Upon the adoption by the City of any ordinance to amend this
First Supplement pursuant to the provisions of this Section, this First Supplement shall be deemed
to be amended in accordance with the amendatory ordinance, and the respective rights, duties, and
obligations of the City and all the owners of then Outstanding Bonds and all future owners of the
Bonds shall thereafter be determined, exercised, and enforced under the Master Ordinance and this
First Supplement, as amended.
(f) Consent Irrevocable. Any consent given by any owner of Bonds pursuant to the
provisions of this Section shall be irrevocable for a period of six months from the date of the first
publicatjon or other service of the notice provided for in this Section, and shall be conclusive and
binding upon all future owners of the same Bonds during such period. Such consent may be revoked
at any time after six months from the date of the first publication of such notice by the owner who
gave such consent, or by a successor in title, by filing notice thereof with the Registrar and the City,
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but such revocation shall not be effective if the owners of a majority in Outstanding Principal Amount
of Bonds, prior to the attempted revocation, consented to and approved the amendment.
(g) Ownership. For the purpose of this Section, the ownership and other matters relating to
all Bonds registered as to ownership shall be determined from the Registration Books. The Registrar
may conclusively assume that such ownership continues until written notice to the contrary is served
upon the Registrar.
SECTION 12. COVENANTS REGARDING TAX-EXEMPTION. The City intends to
issue the Bonds as Tax-Exempt Debt, and to that end hereby covenants to refrain from any action
which would adversely affect, or to take such action to assure, the treatment of the Bonds as
obligations described in section 103 of the Code, the interest on which is not includable in the "gross
income" of the holder (other than the income of a "substantial user" of the Project or a "related
person," within the meaning of section 147(a) of the Code) for purposes of federal income taxation.
In particular, but not by way of limitation thereof, the City covenants as follows:
(a) to take such action which may be reasonably available to the City to assure that the
Bonds are exempt facility bonds, as defined in section 142(a) of the Code, at least 95 percent
of the proceeds of which are used to provide "airports" within the meaning of section
142(a)(l) of the Code;
(b) to ensure that at all times during the term of the Bonds that the facilities provided
with the proceeds thereof be treated as govemmentally owned within the meaning of section
142(b) of the Code;
(c) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(d) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in section I 48(b)(2) of the Code) which produces a materially
higher yield over the term ofthe Bonds, other than investment property acquired with --
(1) proceeds of the Bonds invested for a reasonable temporary period of
3 years or less until such proceeds are needed for the purpose for which the Bonds are
issued.
(2) proceeds or amounts invested in a bona fide debt service fund, within
the meaning of section 1.1 48-1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the stated principal
amount (or, in the case of a discount, the issue price) of the Bonds;
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(e) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent
of the "Excess Eamings," within the meaning of section l48(f) of the Code and to pay to the
United States of America, not later than 60 days after the Bonds have been paid in full, 100
percent of the amount then required to be paid as a result of Excess Earnings under section
148( f) of the Code;
(f) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessary, to satisfY the requirements of section 148 of the
Code (relating to arbitrage);
(g) to use proceeds of the Bonds in an aggregate amount of no more than two percent
of the sale proceeds of the Bonds for the payment of costs of issuance;
(h) to use no portion of the proceeds of the Bonds to provide any airplane, sky-box or
other private luxury box, health club facility, facility primarily used for gambling or store the
principal business of which is the sale of alcoholic beverages for consumption off-premises;
and
(i) to comply with the limitations imposed by section 147(c) of the Code (relating to
the limitation on the use of proceeds to acquire land) and section 1 47(d) of the Code (relating
to restrictions on the use of bond proceeds to acquire existing buildings, structures or other
property).
Gl to assure that the average maturity of the Bonds, taking into account the issue price
of the various maturities of the Bonds, will not exceed 120 percent of the reasonably expected
economic life of the property financed with the proceeds of the Bonds, as more specifically
set forth in section 147(b) of the Code.
The City understands that the term "proceeds" includes (i) "disposition proceeds" as defined in the
Treasury Regulations, (ii) investment proceeds and, (iii) in the case of refunding bonds, transferred
proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the
Bonds. It is the understanding of the City that the covenants contained herein are intended to assure
compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the
Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which
modify or expand provisions of the Code, as applicable to the Bonds, the City will not be required
to comply with any covenant contained herein to the extent that such failure to comply, in the opinion
of nationally-recognized bond counsel, will not adversely affect the exemption from federal income
taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or
rulings are hereafter promulgated which impose additional requirements which are applicable to the
Bonds, the City agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally-recognized bond counsel, to preserve the exemption from federal income
taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the
City hereby authorizes and directs any Designated Financial Officer to execute any certificates or
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other reports required by the Code and to make such elections, on behalf of the City, which may be
permitted by the Code as are consistent with the purpose for the issuance ofthe Bonds.
The City hereby approves the issuance of the Bonds and the projects to be financed with the
proceeds of the Bonds for the purposes of Section I 47(f) of the Code.
SECTION 13. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR
THE PROJECT. The City covenants to account for on its books and records the expenditure of
proceeds from the sale of the Bonds and any investment earnings thereon to be used for the financing
of the improvements to the Airport as described in Section 2 hereof (referred to herein and Section
14 hereof as a "Project") in accordance with the requirements of the Code. The City recognizes that
in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be
allocated to expenditures within 18 months of the later of the date that (a) the expenditure on a Project
is made or (b) each such Project is completed; but in no event later than three years after the date on
which the original expenditure is paid. The foregoing notwithstanding, the City recognizes that in
order for proceeds to be expended under the Code, the sale proceeds or investment earnings must be
expended no more than 60 days after the earlier of (a) the fifth anniversary of the Issuance Date or
(b) the date the Bonds are retired. The City agrees to obtain the advise of Bond Counsel if such
expenditure fails to comply with the foregoing to assure that such expenditure will not adversely
affect the ta'{ -exempt status of the Bonds. For purposes of this Section, the City shall not be obligated
to comply with this covenant if it obtains an opinion of Bond Counsel to the effect that such failure
to comply will not adversely affect the excludability for federal income tax purposes from gross
income of the interest.
SECTION 14. DISPOSITION OF PROJECT. The City covenants that the property
constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt
by the City of cash or other compensation, unless the City obtains an opinion of Bond Counsel
substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt
status of the Bonds. For purposes of this Section, the portion of the property comprising personal
property and disposed of in the ordinary course of business shall not be treated as a transaction
resulting in the receipt of cash or other compensation. For purposes of this Section, the City shall not
be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effect that
such failure to comply will not adversely affect the excludability for federal income tax purposes from
gross income of the interest.
SECTION 15. FIRST SUPPLEMENT TO CONSTITUTE A CONTRACT; EQUAL
SECURITY. In consideration of the acceptance of the Bonds, the issuance of which is authorized
hereunder. by those who shall hold the same from time to time, this First Supplement shall be deemed
to be and shall constitute a contract between the City and the Holders from time to time of the Bonds
and the pledge made in this First Supplement by the City and the covenants and agreements set forth
in this First Supplement to be performed by the City shall be for the equal and proportionate benefit,
security, and protection of all Holders, without preference, priority, or distinction as to security or
otherwise of any of the Bonds authorized hereunder over any of the others by reason of time of
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issuance, sale, or maturity thereof or otherwise for any cause whatsoever, except as expressly
provided in or permitted by this First Supplement.
SECTION 16. SEVERABILITY OF INVALID PROVISIONS. If anyone or more of the
covenants, agreements, or provisions herein contained shall be held contrary to any express provisions
of law or contrary to the policy of express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or
provisions shall be null and void and shall be deemed separable from the remaining covenants,
agreements, or provisions and shall in no way affect the validity of any of the other provisions hereof
or of the Bonds issued hereunder.
SECTION 17. PAYMENT AND PERFORMANCE ON BUSINESS DAYS. Except as
provided to the contrary in the FORM OF BONDS, whenever under the terms of this First
Supplement or the Bonds, the performance date of any provision hereof or thereof, including the
payment of principal of or interest on the Bonds, shall occur on a day other than a Business Day, then
the performance thereof, including the payment of principal of and interest on the Bonds, need not
be made on such day but may be performed or paid, as the case may be, on the next succeeding
Business Day with the same force and effect as if made on the date of performance or payment.
SECTION 18. LIMITATION OF BENEFITS WITH RESPECT TO THE FIRST
SUPPLEMENT. With the exception of the rights or benefits herein expressly conferred, nothing
expressed or contained herein or implied from the provisions of this First Supplement or the Bonds
is intended or should be construed to confer upon or give to any Person other than the City, the
Holders, and the Paying Agent/Registrar, any legal or equitable right, remedy, or claim under or by
reason of or in respect to this First Supplement or any covenant, condition, stipulation, promise,
agreement, or provision herein contained. This First Supplement and all of the covenants, conditions,
stipulations, promises, agreements, and provisions hereof are intended to be and shall be for and inure
to the sole and exclusive benefit of the City, the Holders, and the Paying Agent/Registrar as herein
and therein provided.
SECTION 19. CUSTODY, APPROVAL, BOND COUNSEL'S OPINION, CUSIP
NUMBERS, PREAMBLE AND INSURANCE. The Designated Financial Officer is hereby author-
ized to have control of the Bonds issued hereunder and all necessary records and proceedings
pertaining to the Bonds pending their delivery and approval by the Attorney General of the State of
Texas. In accordance with the provisions of Chapter 1202, the Designated Financial Officer is hereby
authorized to request that the Attorney General approve the Bonds, in which case the Designated
Financial Officer also is authorized to request that the Comptroller of Public Accounts register the
Bonds and to cause an appropriate legend reflecting such approval and registration to appear on the
Bonds. The approving legal opinion of Bond Counsel and the assigned CUSIP numbers may, at the
option of the City, be printed on the Bonds and on any Bonds issued and delivered in exchange or
replacement of any Bond, but neither shall have any legal effect, and shall be solely for the
convenience and information of the registered owners of the Bonds. The preamble to this First
Supplement is hereby adopted and made a part of this First Supplement for all purposes. If insurance
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is obtained on any of the Bonds, the Bonds shall bear, as appropriate and applicable, a legend
concerning insurance as provided by the municipal bond insurance company issuing any such
msurance.
SECTION 20. COMPLIANCE WITH RULE ISc2-12. (a) Annual Reports. (i) The
City shall provide annually to each NRMSIR and any SID, within six months after the end of each
fiscal year ending in or after 2001, financial information and operating data with respect to the City
of the general type included in the final Official Statement authorized by Section 3 of this First
Supplement, being the information described in Exhibit "C" hereto. Any financial statements so to
be provided shall be prepared in accordance with the accounting principles described in Exhibit "C"
hereto, or such other accounting principles as the City may be required to employ from time to time
pursuant to state law or regulation. If the City commissions an audit of such statements and the audit
is completed within the period during which they must be provided, a copy of such audit also shall
be provided in accordance with the Rule. If any such audit of such financial statements, if one is
commissioned by the City, is not complete within such period, then the City shall provide unaudited
financial statements and audited financial statements for the applicable fiscal year to each NRMSIR
and any SID, when and if the audit report on such statements become available.
(ii) If the City changes its Fiscal Year, it will notifY each NRMSIR and any SID ofthe change
(and of the date of the new Fiscal Year end) prior to the next date by which the City otherwise would
be required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available from the MSRB) that theretofore has been
provided to each NRMSIR and any SID or filed with the SEC.
(b) Material Event Notices. The City shall notifY any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event
is material within the meaning of the federal securities laws:
1.
2.
,
~.
4.
5.
6.
7.
8.
9.
10.
11.
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Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on debt service reserves reflecting financial difficulties;
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
Modifications to rights of holders of the Bonds;
Bond calls;
Defeasances; _
Release, substitution, or sale of property securing repayment of the Bonds; and
Rating changes.
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The City shall notifY any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide financial information or operating data in accordance with subsection
(a) of this Section by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that
the City in any event will give notice of any deposit made in accordance with this First Supplement
or applicable law that causes the Bonds no longer to be Outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit
or any legal or equitable right, remedy, or claim hereunder to any other Person. The City undertakes
to provide only the financial information, operating data, financial statements, and notices which it
has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any
other information that may be relevant or material to a complete presentation of the City's financial
results, condition, or prospects or hereby undertake to update any information provided in accordance
with this Section or otherwise, except as expressly provided herein. The City does not make any
representation or warranty concerning such information or its usefulness to a decision to invest in or
sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON,
IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT F AUL T ON ITS PART, OF
ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF
ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under this First Supplement for purposes of any other provision of this
First Supplement. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise
limit the duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change
in the identity, nature, status, or type of operations of the City, but only if(l) the provisions of this
Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary
offering of the Bonds in compliance with the Rule, taking into account any amendments or
interpretations of the Rule since such offering as well as such changed circumstances and (2) either
(a) the registered owners of a majority in aggregate principal amount (or any greater amount required
by any other provision ofthis First Supplement that authorizes such an amendment) of the Bonds then
outstanding consent to such amendment or (b) a Person that is unaffiliated with the City (such as
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nationally recognized bond counsel) determines that such amendment will not materially impair the
interest of the registered owners and beneficial owners of the Bonds. If the City so amends the
provisions of this Section, it shall include with any amended financial information or operating data
next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of
the reason for the amendment and of the impact of any change in the type of financial information or
operating data so provided. The City may also amend or repeal the provisions of this continuing
disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court
of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to
the extent that the provisions of this sentence would not prevent an underwriter from lawfully
purchasing or selling Bonds in the primary offering of the Bonds.
SECTION 21. DEFEASANCE OF BONDS. (a) Defeased Bonds. Any Bond and the
interest thereon shall be deemed to be paid, retired and no longer Outstanding (a "Defeased Bond"),
except to the extent provided in subsection (d) of this Section, when payment of the principal of such
Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or
otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof,
or (ii) shall have been provided for on or before such due date by irrevocably depositing with or
making available to the Paying Agent/Registrar in accordance with an escrow agreement or other
similar instrument (the "Future Escrow Agreement") for such payment (I) lawful money of the United
States of America sufficient to make such payment or (2) Defeasance Securities that mature as to
principal and interest in such amounts and at such times as will insure the availability, without
reinvestment, of sufficient money to provide for such payment, and when proper arrangements have
been made by the City with the Paying Agent/Registrar for the payment of its services until all
Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be
a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be
secured by, payable from, or entitled to the benefits of, the Pledged Revenues, and such principal and
interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other
provision of this First Supplement to the contrary, it is hereby provided that any determination not
to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified in
subsections (a)(i) or (ii) of this Section shall not be irrevocable, provided that: (I) in the proceedings
providing for such payment arrangements, the City expressly reserves the right to call the Defeased
Bonds for redemption; (2) gives notice of the reservation of that right to the owners ofthe Defeased
Bonds immediately following the making of the payment arrangements; and (3) directs that notice
of the reservation be included in any redemption notices that it authorizes.
.-',
(b) Investment in Defeasance Securities. Any moneys so deposited with the Paying
Agent/Registrar may at the written direction of the City be invested in Defeasance Securities,
maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance
Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds
and interest thereon, with respect to which such money has been so deposited, shall be turned over
to the City, or deposited as directed in writing by the City. Any Future Escrow Agreement pursuant
to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may
contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities
or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
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in subsections (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by
the Paying AgentlRegistrar which is not required for the payment of the Defeased Bonds, with respect
to which such money has been so deposited, shall be remitted to the City or deposited as directed in
writing by the City.
(c) Paying Agent/Registrar Services. Until all Defeased Bonds shall have become due and
payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such
Defeased Bonds the same as if they had not been defeased, and the City shall make proper
arrangements to provide and pay for such services as required by this First Supplement.
(d) Selection of Bonds for Defeasance. In the event that the City elects to defease less than
all of the principal amount of Bonds of a maturity, the Paying AgentlRegistrar shall select, or cause
to be selected, such amount of Bonds by such random method as it deems fair and appropriate.
SECTION 22. FURTHER PROCEDURES. The Mayor, any Designated Financial Officer,
and all other officers, employees, and agents of the City, and each of them, shall be and they are
hereby expressly authorized, empowered, and directed from time to time and at any time to do and
perform all such acts and things and to execute, acknowledge, and deliver in the name and under the
corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may
be necessary or desirable in order to carry out the terms and provisions of this First Supplement, the
Bonds, the sale and delivery of the Bonds and fixing all details in connection therewith, and to
approve any Official Statement, or supplements thereto, in connection with the Bonds. Specifically,
but not by way of limitation, the Designated Financial Officer shall execute a certificate detailing the
use of the proceeds of the Bonds and the Second Series Bonds, including any deposits of proceeds
representing capitalized interest to the Capitalized Interest Account.
SECTION 23. BOND INSURANCE AND DEBT SERVICE RESERVE FUND
INSURANCE POLICIES. On the Issuance Date, the City will obtain from the Insurer a municipal
bond insurance policy and a debt service reserve fund policy in support of the Bonds and the Second
Series Bonds. To that end, for so long as said policies are in effect, the ordinance requirements of
the Insurer. as a condition to the issuance of said policies, attached hereto as Exhibit "D" hereto, are
incorporated by reference into this First Supplement and made a part hereof for all purposes,
notwithstanding any other provision of this First Supplement to the contrary.
SECTION 24. RULES OF CONSTRUCTION. For all purposes of this First Supplement,
unless the context requires otherwise, all references to designated Sections and other subdivisions are
to the Sections and other subdivisions of this First Supplement. The words "herein", "hereof' and
"hereunder" and other words of similar import refer to this First Supplement as a whole and not to
any particular Section or other subdivision. Except where the context otherwise requires, terms
defined in this First Supplement to impart the singular number shall be considered to include the
plural number and vice versa. References to any named Person means that party and its successors
and assigns. References to any constitutional, statutory or regulatory provision means such provision
as it exists on the date this First Supplement is adopted by the City and any future amendments thereto
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or successor provisions thereof. Any reference to the payment of principal in this First Supplement
shall be deemed to include the payment of any mandatory sinking fund redemption payments as
described herein.
SECTION 25. INTERPRETATIONS. The titles and headings of the Sections and
subsections of this First Supplement have been inserted for convenience of reference only and are not
to be considered a part hereof and shall not in any way modify or restrict any of the terms or
provisions hereof.
SECTION 26. DELEGATION OF AUTHORITY. In respect to the delegation by the City
of any authority to an officer or employee of the City under Chapter 1371 to perform any duty or
responsibility hereunder, the City hereby finds that a finding or determination made by such officer
or employee has the same force and effect as a finding or determination made by the governing body
of the City.
SECTION 27. REPEAL OF CONFLICTING ORDINANCES. All ordinances and all
parts of any ordinances (other than the Master Ordinance or the Second Supplement) which are in
conflict or inconsistent 'With this First Supplement are hereby repealed and shall be of no further force
or effect to the extent of such conflict or inconsistency.
SECTION 28. IMMEDIATE EFFECT. On request of the Mayor to find and declare an
emergency due to the immediate need for the efficient and effective administration of City affairs by
authorizing the issuance of the Bonds to finance needed capital improvements at the Airport, such
finding ofan emergency is hereby specifically made and declared, requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at two regular meetings so that this
First Supplement be passed and take effect upon first reading.
--.,
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal, Jf.
Mayor, The City of Corpus Christi
APPROVED THIS THE I rD~ Y OF
4'J"~ r , 2000:
James R. Bray, Jf., City Attorney
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Corpus Christi, Texas
_ day of , 2000
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
F or the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular
meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally
on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
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241
EXHIBIT A
DEFINITIONS
As used in this First Supplement the following terms and expressions shall have the meanings
set forth below, unless the text hereof specifically indicates otherwise:
"Acts" shall mean, collectively, Chapter 22 and Chapter 1371.
"Authentication Certificate" means the Authentication Certificate as defined in Section 5(a)
of the First Supplement.
"Authorized Denomination" means an Authorized Denomination as defined in Section 3(a)
of the First Supplement.
"Bond Date" means, when used with respect to the Bonds, August 15,2000.
"Bonds" means the First Series Bonds, and all substitute bonds exchanged therefor, and all
other substitute and replacement bonds issued pursuant to the First Supplement; and the term "Bond"
means any of the Bonds.
"Capitalized Interest Account" means the account established within the Debt Service Fund
as provided in Section 8( c) of the First Supplement.
-,
"Chapter 1202" means Chapter 1202, Texas Government Code.
"Chapter 1206" means Chapter 1206, Texas Govemment Code.
"Code" means the Internal Revenue Code of 1986, as amended.
"Construction Fund" means the "City of Corpus Christi, Texas Series 2000 General Airport
Revenue Bonds Construction Fund" established pursuant to Section 9 of the First Supplement.
"Defeasance Securities" means (i) direct, noncallable obligations of the United States of
America, including obligations that are unconditionally guaranteed by the United States of America,
(ii) noncallable obligations of an agency or instrumentality of the United States of America, including
obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that,
on the date of the purchase thereof are rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state
or an agency or a county, municipality, or other political subdivision of a state that have been
refunded and that, on the date the goveming body of the City adopts or approves the proceedings
authorizing the financial arrangements are rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent.
-,
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"Designated Trust Office" means the office for payment and transfer of Bonds as designated
by the Paying Agent/Registrar in the Paying Agent Agreement.
"DTC" means The Depository Trust Company, New York, New York, or any successor
securities depository.
"DTC Participant" means securities brokers and dealers, banks, trust companies, clearing
corporations, and certain other organizations on whose behalf DTC was created to hold securities to
facilitate the clearance and settlement of securities transactions among DTC Participants.
"First Series Bonds" means the City of Corpus Christi, Texas General Airport Revenue
Bonds, Series 2000A (Exempt Facility Bonds) authorized by the First Supplement.
"First Supplement" means this ordinance authorizing the Bonds.
"Insurer" means Financial Security Assurance, Inc., and its successors and assigns.
"Issuance Date" means the date of delivery the Bonds to the Underwriters against payment
therefor.
"Master Ordinance" means the "Master Ordinance Establishing the General Airport Revenue
Bond Financing Program With Respect to the Issuance of Obligations by the City of Corpus Christi,
Texas Secured by General Airport Revenues," adopted by the City on August 22, 2000.
"Maturity" means the date on which the principal ofa Bond becomes due and payable as
therein and herein provided, whether at Stated Maturity, by redemption, declaration of acceleration,
or otherwise.
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each Person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
"Paying Agent," "Registrar" or "Paying AgentlRegistrar" means the agent appointed
pursuant to Section 5(a) of the First Supplement, or any successor to such agent.
"Paying Agent Agreement" means the agreement between the City and the Paying
Agent/Registrar pertaining to the duties and responsibilities of the Paying Agent/Registrar for the
Bonds.
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243
"Purchase Agreement" means the bond purchase agreement between the City and the
Underwriters pertaining to the purchase of the Bonds and the Second Series Bonds by the
Underwriters.
"Rebate Fund" means the "City of Corpus Christi, Texas Series 2000 General Airport
Revenue Bonds Rebate Fund" established pursuant to Section 12 of the First Supplement.
"Record Date" means, with respect to the Bonds, the last Business Day of the month next
preceding an interest payment date.
"Registration Books" means the books or records relating to the registration, payment, and
transfer or exchange of the Bonds maintained by the Paying Agent/Registrar pursuant to Section 5
of the First Supplement.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"Second Series Bonds" means the City of Corpus Christi, Texas General Airport Revenue
Bonds, Series 2000B authorized by the Second Supplement.
"Second Supplement" means the ordinance authorizing the Second Series Bonds, adopted
concurrently with the First Supplement.
"SID" means any Person designated by the State of Texas or an authorized department,
officer, or agency thereof as, and determined by the SEe or its staff to be, a state information
depository within the meaning of the Rule from time to time.
"Stated Maturity" means. when used with respect to the Bonds, the scheduled maturity or
mandatory sinking fund redemption of the Bonds.
"Underwriters" means the syndicate of investment banking firms identified in the Purchase
Agreement; Merrill Lynch & Co. acts as senior managing undeffiTiter.
All terms not herein defined shall have the meanings given to said terms by the Master
Ordinance or as otherwise defined in this First Supplement.
OJRB0500.064
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EXHIBIT B
FORM OF BONDS
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI, TEXAS
GENERAL AIRPORT REVENUE BOND,
SERIES 2000A
(EXEMPT FACILITY BONDS)
NO. R-_
PRINCIPAL
AMOUNT
$
INTEREST
RATE
MATURITY
DATE
BOND
DATE
CUSIP
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI, IN
NUECES COUNTY, TEXAS (the "City"), being a home-rule municipality and political subdivision
of the State of Texas, hereby promises to pay to the Registered Owner specified above, or the
registered assignee hereof (either being hereinafter called the "registered owner"), the principal
amount specified above, and to pay interest thereon, calculated on the basis of a 360-day year
composed of twelve 30-day months, from the Bond Date specified above, to the Maturity Date
specified above, or the date of redemption prior to maturity, at the interest rate per annum specified
above; with interest being payable on February 15,2001, and semiannually on each August 15 and
February 15 thereafter, except that if the date of authentication of this Bond is later than the first
Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment
date next preceding the date of authentication, unless such date of authentication is after any Record
Date but on or before the next following interest payment date, in which case such principal amount
shall bear interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges, solely from funds of the City
required by the Ordinance authorizing the issuance of the Bonds to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided. The principal of this Bond shall be paid
to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the
OJRB0500.064
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date fixed for its redemption prior to maturity, of Chase Bank of Texas, National Association, which
is the "Paying Agent/Registrar" for this Bond, at its designated corporate trust office in Houston,
Texas (the "Designated Trust Office"). The payment of interest on this Bond shall be made by the
Paying AgentlRegistrar to the registered owner hereof on each interest payment date by check, dated
as of such interest payment date, and such check shall be sent by the Paying AgentlRegistrar by
United States mail, first-class postage prepaid, on each such interest payment date, to the registered
owner hereof, at the address of the registered owner, as it appeared on the last business day of the
month next preceding each such interest payment date (the "Record Date") on the Registration Books
kept by the Paying Agent/Registrar, as hereinafter described; provided, that upon the written request
of any owner of not less than $1.000,000 in principal amount of Bonds provided to the Paying
AgentlRegistrar not later than the Record Date immediately preceding an interest payment date,
interest due on such Bonds on such interest payment date shall be made by wire transfer to any
designated account within the United States of America. In addition, interest may be paid by such
other method, acceptable to the Paying AgentlRegistrar, as may be requested by, and at the risk and
expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond
prior to maturity as provided herein shall be paid to the registered owner upon presentation and sur-
render of this Bond for redemption and payment at the Designated Trust Office of the Paying
Agent/Registrar. The City covenants with the registered owner of this Bond that on or before each
principal payment date and interest payment date for this Bond it will make available to the Paying
Agent/Registrar, the amounts required to provide for the payment, in immediately available funds,
of all principal of and interest on the Bonds, when due. Notwithstanding the foregoing, during any
period in which ownership of the Bonds is determined by a book entry at a securities depository for
the Bonds, payments made to the securities depository, or its nominee, shall be made in accordance
with arrangements between the City and the securities depository. Terms used herein and not
otherwise defined have the meaning given in the Bond Ordinance (hereinafter defined).
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in The City of New York, New York,
or in the city where the Designated Trust Office of the Paying Agent/Registrar is located are
authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking
institutions are authorized to close; and payment on such date shall have the same force and effect as
if made on the original date payment was due.
THIS BOND is one of a Series of Bonds, dated as of the Bond Date stated above, authorized
in accordance with the Constitution and laws of the State of Texas including, without limitation,
Chapter 22, Texas Transportation Code, in the aggregate principal amount of $ , issued
pursuant to a First Supplemental Ordinance to the Master Ordinance adopted August 22, 2000, and
pursuant to the Master Ordinance referred therein (collectively, the "Bond Ordinance"), FOR THE
PURPOSE OF CONSTRUCTING, IMPROVING, RENOVATING, ENLARGING AND
EQUIPPING THE CORPUS CHRISTI INTERNATIONAL AIRPORT. All Bonds of this series are
issuable solely as fully registered bonds, without interest coupons, in any Authorized Denomination.
ON FEBRUARY 15,20_, oron any date thereafter, the Bonds of this Series maturing on and
after February 15,20_ may be redeemed prior to their scheduled maturities, at the option of the City,
OJRB0500.064
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with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the
particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the City
(provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at par
and accrued interest to the date fixed for redemption; provided, that during any period in which
ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds,
if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be
redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in
accordance with the arrangements between the City and the securities depository.
NOTICE OF any such redemption of Bonds shall be given in the following manner, to-wit,
(i) a written notice of such redemption shall be given to the registered owner of each Bond or a
portion thereof being called for redemption not more than 60 days nor less than 30 days prior to the
date fixed for such redemption by depositing such notice in the United States Mail, first-class postage
prepaid, addressed to each such registered owner at the address thereof shown on the Registration
Books of the Paying Agent/Registrar and (ii) a notice of such redemption shall be published one time,
at least 30 days prior to the date fixed for such redemption, in a journal or publication of general
circulation in the United States of America which carries as a regular feature notices ofredemption
of municipal bonds; provided, however, that the failure to send, mail, or receive such notice described
in clause (i) above, or anv defect therein or in the sending or mailing thereof, shall not affect the
validity or effectiveness of the proceedings for the redemptiori: of any Bond, as publication of notice
as described in clause (ii) above shall be the only notice actually required in connection with or as a
prerequisite to the redemption of any Bonds. By the date fixed for any such redemption due provision
shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption
price for this Bond or the portion hereof which is to be so redeemed, plus accrued interest thereon to
the date fixed for redemption. If such notice of redemption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion hereof which is to be so redeemed,
thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear or accrue
interest after the date fixed for its redemption, and shall not be regarded as being outstanding except
for the right of the registered owner to receive the redemption price plus accrued interest to the date
fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment.
The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal
amount of this Bond or any portion hereof. If a portion of any Bond shall be redeemed a substitute
Bond or Bonds having the same maturity date, bearing interest at the same rate, in any Authorized
Denomination, and in an aggregate principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the
City, all as provided in the Bond Ordinance. The years of maturity of the Bonds called for such
redemption shall be selected by the City. The Bonds or portions thereof redeemed within a maturity
shall be selected by lot or other customary random method selected by the Paying Agent/Registrar
(provided that a portion of a Bond may be redeemed only in an Authorized Denomination).
THIS BOND OR ANY PORTION OR PORTIONS HEREOF may, at the request of the regis-
tered owner or the assignee or assignees hereof, be assigned, transferred, converted into and
exchanged for a like aggregate amount of fully registered Bonds, without interest coupons, payable
to the appropriate registered o,^,ner, assignee or assignees, as the case may be, having any Authorized
Denomination as requested in writing by the appropriate registered owner, assignee or assignees, as
OJRB0500.064
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the case may be, upon surrender of this Bond to the Paying Agent/Registrar at its Designated Trust
Office for cancellation, all in accordance with the form and procedures set forth in the Bond
Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented
and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in
form and with guarantee of signatures satisfactory to the Paying AgentfRegistrar, evidencing
assignment of this Bond or any portion or portions hereof in any Authorized Denomination to the
assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or
are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by
the registered owner to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the
assignment of this Bond or any portion or portions hereof from time to time by the registered owner.
The one requesting such conversion and exchange shall pay the Paying Agent/Registrar's reasonable
standard or customary fees and charges for converting and exchanging any Bond or portion thereof.
In any circumstance, any taxes or govemmental charges required to be paid with respect thereto shall
be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition
precedent to the exercise of such privilege. The foregoing notwithstanding, in the case of the
conversion and exchange of an assigned and transferred Bond or Bonds or any portion or portions
thereof, such fees and charges of the Paying AgentfRegistrar will be paid by the City. The Paying
Agent/Registrar shall not be required (i) to make any such transfer, conversion or exchange during
the period beginning at the opening of business 30 days before the day of the first mailing of a notice
of redemption and ending at the close of business on the day of such mailing, or (ii) to transfer,
convert or exchange any Bonds so selected for redemption when such redemption is scheduled to
occur within 30 calendar days; provided, however, such limitation of transfer shall not be applicable
to an exchange by the registered owner of an unredeemed balance of a Bond called for redemption
in part.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering, or transferring
this Bond shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the City, resigns,
or otherwise ceases to act as such, the City has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and promptly will cause written
notice thereof to be mailed to the registered owners of the Bonds.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly
authorized, issued, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond
have been performed. existed, and been done in accordance with law; that the Series of Bonds of
which this Bond is one constitute Parity Obligations under the Master Ordinance; and that the interest
on and principal of this Bond, together with the other Bonds of this Series and the other outstanding
Parity Obligations are equally and ratably secured by and payable solely from a lien on and pledge
of the Pledged Revenues.
OJRB0500.064
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THE CITY has reserved the right, subject to the restrictions referred to in the Bond Ordinance,
(i) to issue or incur additional Parity Obligations which also may be secured by and made payable
from a lien on and pledge of the aforesaid Pledged Revenues, in the same manner and to the same
extent as this Bond, and (ii) to amend the provisions of the Bond Ordinance under the conditions
provided in the Bond Ordinance.
THE REGISTERED OWNER hereof shall never have the right to demand payment ofthis
Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source
whatsoever other than specified in the Bond Ordinance.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the official minutes and records of the City, and agrees that the terms and provisions of
this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and
the City.
IN WITNESS WHEREOF, the City has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature
of the City Secretary of the City, and has caused the official seal of the City to be duly impressed, or
placed in facsimile, on this Bond.
City Secretary, City of Corpus Christi, Texas Mayor, City of Corpus Christi, Texas
OJRB0500.064 8-5
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FORM OF PAYING AGENTIREGISTRAR'S AUTHENTICA TION CERTIFICATE
-,
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange
for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was
approved by the Attorney General of the State of Texas and registered by the Comptroller of Public
Accounts of the State of Texas.
Chase Bank of Texas, National Association,
Paying AgentlRegistrar
Dated
Authorized Representative
-,
-.
OJRB0500.064
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FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized
representative or attorney thereof. hereby assigns this Bond to
/ /
(Assignee's Social Security or Taxpayer Identification Number)
(print or typewrite Assignee's name and address, including zip code)
and hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books
with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: This signature must be guaranteed
by a member of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: This signature must correspond
with the name of the Registered Owner
appearing on the face of this Bond.
OJRB0500.064
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-,
[FORM OF REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS TO ACCOMPANY
THE BONDS UPON INITIAL DELIVERY]
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certifY that this Bond has been examined, certified as to validity, and approved by the
Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of
Public Accounts of the State of Texas.
Witness my signature and seal this
day of
,2000.
Comptroller of Public Accounts
of the State of Texas
O1RB0500.064
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SECOND ORDINANCE
SUPPLEMENTING THE MASTER ORDINANCE AUTHORIZING THE
ISSUANCE, SALE, AND DELIVERY OF CITY OF CORPUS CHRISTI
GENERAL AIRPORT REVENUE BONDS, SERIES 2000B; AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND DECLARING AN EMERGENCY.
PREAMBLE
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
TABLE OF CONTENTS
Page
1
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
AMOUNT, PURPOSE, AND DESIGNATION OF THE BONDS ...
2
DATE, DENOMINATIONS, NUMBERS, MATURITIES, AND
FORM OF BONDS ........................ . . . . . . . . . . . . . . . .
2
INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
REGISTRATION, TRANSFER, AND EXCHANGE;
AUTHENTICATION AND BOOK-ENTRY ONLY SYSTEM.. . ...
3
ESTABLISHMENT OF REVENUE BOND FINANCING PROGRAM
AND ISSUANCE OF PARITY OBLIGATIONS. . . . . .. . . ... .... .
7
SECURITY ..............................................
7
PAyMENTS............................................ .
7
CONSTRUCTION FUND; REBATE FUND . . . . . . . . . . . . . . . . . . . .
9
SECTION 10. DAMAGED, MUTILATED, LOST, STOLEN OR
DESTROYED BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SECTION 11. AMENDMENT OF SUPPLEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION 12. COVENANTS REGARDING TAX EXEMPTION. . . . . . . . . . . . . . . . . . 12
SECTION 13. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES
FOR THE PROJECT. ...................................... 14
O1RB0500.065
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SECTION 14. DISPOSITION OF PROJECT. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . 15
SECTION 15. SECOND SUPPLEMENT TO CONSTITUTE A CONTRACT;
EQUAL SECURITY. . . . . . . . . .. . . . . . . . . . . . . . . . .... . . . . . . . . . 15
SECTION 16. SEVERABILITY OF INVALID PROVISIONS. . . . . . . . . . . . . . . . . . . . . 15
SECTION 17. PAYMENT AND PERFORMANCE ON BUSINESS DAYS. . . . .. . ... 15
SECTION 18. LIMITATION OF BENEFITS WITH RESPECT TO THE SECOND
SUPPLEMENT ........................................... 16
SECTION 19. CUSTODY. APPROVAL, BOND COUNSEL'S OPINION,
CUSIP NUMBERS, PREAMBLE AND INSURANCE. . . . . . . . . . . .
SECTION 20. COMPLIANCE WITH RULE 15c2-12 . .. . . . . . . .. . . .. . . . . . . .. . . . ..
SECTION 21. DEFEASANCE OF BONDS....................................
SECTION 22. FURTHER PROCEDURES ....................................
SECTION 23. BOND INSURANCE AND DEBT SERVICE RESERVE FUND
INSURANCE POLICIES ...................................
SECTION 24. RULES OF CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 25. INTERPRETATIONS. . .. .. . . . . .. . . . . .. . . . . .. .. . . . .. . .. .. . .. ..
SECTION 26. DELEGATION OF AUTHORITY. . . . . . . . . . . . . . . . .. .. . .. . . . . . .. .
SECTION 27. REPEAL OF CONFLICTING ORDINANCES .....................
SECTION 28. IMMEDIATE EFFECT........................................
EXHIBIT A DEFINITIONS..............................................
EXHIBIT B FORM OF BONDS ...........................................
EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION. . . . .. ..
EXHIBIT D ORDINANCE REQUIREMENTS OF INSURER ...................
O1RB0500.065
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16
16
18
19
20 -,
20
20
20
20
20
A-I
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D-l
-,
SECOND ORDINANCE
SUPPLEMENTING THE MASTER ORDINANCE AUTHORIZING THE
ISSUANCE, SALE, AND DELIVERY OF CITY OF CORPUS CHRISTI
GENERAL AIRPORT REVENUE BONDS, SERIES 2000B; AND APPROVING
AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO: AND DECLARING AN EMERGENCY.
WHEREAS, on August 22, 2000, the City Council of the City of Corpus Christi, Texas
adopted the "Master Ordinance Establishing the General Airport Revenue Bond Financing Program
With Respect to the Issuance of Obligations by the City of Corpus Christi, Texas Secured by
General Airport Revenues" (referred to herein as the "Master Ordinance"); and
WHEREAS, unless otherwise defined herein, terms used herein shall have the meaning
given in the Master Ordinance; and
WHEREAS, the Master Ordinance establishes the program under which revenue supported
indebtedness attributable to the Airport can be incurred, and pledges the Pledged Revenues to the
payment of Parity Obligations to be outstanding under the Master Ordinance; and
WHEREAS, this Second Supplement is being adopted concurrently with the adoption of
the Master Ordinance; and
WHEREAS, the City is concurrently adopting a First Supplement to the Master Ordinance
authorizing the issuance of the First Series Bonds for the purposes described in the First
Supplement;
WHEREAS, the City deems it necessary to issue the second series of Parity Obligations
pursuant to this Second Supplement to the Master Ordinance for the purposes hereinafter described;
and
WHEREAS, the bonds authorized to be issued by this Second Supplement (the "Bonds ")
are to be issued and delivered pursuant to laws of the State of Texas, including particularly Chapter
22, Texas Transportation Code and Chapter 1371, Texas Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS THAT:
SECTION 1. DEFINITIONS. In addition to the definitions set forth in the preamble of
this Second Supplement, the terms used in this Second Supplement (except in the FORM OF
BONDS) and not otherwise defined shall have the meanings given in the Master Ordinance or in
Exhibit "A" to this Second Supplement attached hereto and made a part hereof.
O1RB0500.065
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~
256
2000B", are hereby authorized to be issued and delivered in the aggregate principal amount of
$9,885,000 FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, RENOVATING,
ENLARGING AND EQUIPPING THE CORPUS CHRISTI INTERNATIONAL AIRPORT.
SECTION 3. DATE, DENOMINATIONS, NUMBERS, MATURITIES AND TERMS
OF BONDS. (a) Terms of Bonds. The Bonds shall be dated the Bond Date, shall be in the
denomination of $5,000, or any integral multiple thereof (an "Authorized Denomination"), shall
be numbered consecutively from R-l upward, and shall mature and be payable serially on February
15 in each of the years and in the amounts as set forth in the Purchase Agreement.
(b) Sale of Bonds. The sale of the Bonds to the Underwriters, at the purchase price
described in the Purchase Agreement, is hereby authorized, ratified and confirmed. One Bond in
the principal amount maturing on each maturity date as set forth above shall be delivered to the
Underwriters, and the Underwriters shall have the right to exchange such bonds as provided in
Section 5 hereof without cost.
(c) Purchase Agreement. The Purchase Agreement setting forth the terms of the sale of
the Bonds to the Underwriters, in substantially the form attached to this Second Supplement, is
hereby accepted, approved and authorized to be delivered in executed form to the Underwriters.
The Designated Financial Officer is hereby authorized to execute and deliver the Purchase
Agreement on behalf of the City.
(d) Offering Documents. The "Official Statement" prepared in connection with the sale of
the Bonds, in substantially the form attached to this Second Supplement, is hereby accepted,
approved and authorized to be delivered in executed form to the Underwriters. The use of the
"Preliminary Official Statement" prepared in connection with the sale of the Bonds is hereby
ratified.
(e) Form of Bonds. The form of the Bonds, including the form of the Authentication
Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of
Public Accounts of the State of Texas, with respect to the Bonds initially issued and delivered to
the Underwriters pursuant to this Second Supplement, shall be, respectively, substantially as set
forth in Exhibit "B", with such appropriate variations, omissions, or insertions as are permitted or
required by this Second Supplement.
(f) Redemption Features. The Bonds shall be subject to redemption in accordance with
the terms and conditions set forth in the Purchase Agreement. The FORM OF BOND set forth in
Exhibit "B" to this Second Supplement shall contain the redemption features applicable to the
Bonds, consistent with the Purchase Agreement.
SECTION 4. INTEREST. The Bonds shall bear interest, calculated on the basis of a 360-
day year composed of twelve 30-day months, from the Bond Date, until Maturity, at the rates per
annum set forth in the Purchase Agreement. Said interest shall be payable to the registered owner
O1RB0500.065
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of any such Bond in the manner provided and on the dates stated in the FORM OF BOND set forth
in Exhibit "B" to this Second Supplement.
SECTION 5. REGISTRATION, TRANSFER, AND EXCHANGE;
AUTHENTICATION; BOOK-ENTRY ONLY SYSTEM. (a) Registration, Transfer,
Conversion and Exchange; Authentication. The City shall keep or cause to be kept at the trust
office designated in the Paying Agent Agreement (the "Designated Trust Office") by Chase Bank
of Texas, National Association (the "Paying Agent/Registrar"), books or records for the
registration of the transfer, conversion and exchange of the Bonds (the "Registration Books "), and
the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such
books or records and make such registrations of transfers, conversions and exchanges under such
reasonable regulations as the City and the Paying Agent/Registrar may prescribe; and the Paying
Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein pro-
vided. The execution of a Paying Agent Agreement, in such form as is approved by the City
Attorney, is hereby authorized. The Paying Agent/Registrar shall obtain and record in the Regis-
tration Books the address of the registered owner of each Bond to which payments with respect to
the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to
notifY the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and
such interest payments shall not be mailed unless such notice has been given. The City shall have
the right to inspect the Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books
confidential and, unless otherwise required by law, shall not permit their inspection by any other
entity. The City shall pay the Paying Agent/Registrar's standard or customary fees and charges
for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or
Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made
in the manner provided and with the effect stated in the FORM OF BOND set forth in Exhibit "B"
to this Second Supplement. Each substitute Bond shall bear a letter and/or number to distinguish
it from each other Bond.
On each substitute bond issued in exchange for or replacement of any Bond issued under
this Second Supplement there shall be printed thereon a Paying Agent/Registrar's Authentication
Certificate, in the form hereinafter set forth in the FORM OF BOND set forth in Exhibit "B" to
this Second Supplement (the" Authentication Certificate"). It is specifically provided, however,
that any Bond delivered in exchange for or replacement of another Bond prior to the first scheduled
interest payment date on the Bonds (as stated on the face thereof) shall be dated the same date as
such Bond, but each substitute bond so delivered on or after such first scheduled interest payment
date shall be dated as of the interest payment date preceding the date on which such substitute bond
is delivered, unless such substitute bond is delivered on an interest payment date, in which case it
shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any
substitute bond the interest on the Bond for which it is being exchanged has not been paid, then
such substitute bond shall be dated as of the date to which such interest has been paid in full. An
authorized representative of the Paying Agent/Registrar shall, before the delivery of any such
substitute bond, date such substitute bond in the manner set forth above, and manually sign and date
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the Authentication Certificate, and no such substitute bond shall be deemed to be issued or out-
standing unless the Authentication Certificate is so executed.
The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered
for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or
adopted by the governing body of the City or any other Person so as to accomplish the foregoing
conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall
provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed
herein. Pursuant to Chapter 1206, and particularly Subchapter B thereof, the duty of conversion
and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon
the execution of the Authentication Certificate, the converted and exchanged Bond shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Bonds which
initially were issued and delivered pursuant to this Second Supplement, approved by the Attorney
General, and registered by the Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The City hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of, premium, if any, and interest
on the Bonds, all as provided in this Second Supplement. The Paying Agent/Registrar shall keep
proper records of all payments made by the City and the Paying Agent/Registrar with respect to
the Bonds.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be payable only to the registered
owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred
and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the
characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and
interest on which shall be payable, and (viii) shall be administered and the Paying Agent/Registrar
and the City shall have certain duties and responsibilities with respect to the Bonds, all as provided,
and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in
Exhibit "B" to this Second Supplement. The Bonds initially issued and delivered pursuant to this
Second Supplement are not required to be, and shall not be, authenticated by the Paying
Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond
or Bonds issued under this Second Supplement the Paying Agent/Registrar shall execute the
Authentication Certification, in the manner hereinabove described.
(d) Substitute Paying Agent/Registrar. The City covenants with the registered owners
of the Bonds that at all times while the Bonds are outstanding a competent and legally qualified
entity shall act as and perform the services of Paying Agent/Registrar for the Bonds under this
Second Supplement, and that the Paying Agent/Registrar will be one entity. Such entity may be
the City, to the extent permitted by law, or a bank, trust company, financial institution, or other
agency, as selected by the City. The City reserves the right to, and may, at its option, change the
Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar,
to be effective not later than 30 days prior to the next principal or interest payment date after such
notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor
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by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City
covenants that promptly it will appoint a competent and legally qualified entity to act as Paying
Agent/Registrar under this Second Supplement. Upon any change in the Paying Agent/Registrar,
the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or
a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new
Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying
Agent/Registrar, the City promptly will cause a written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage
prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting
the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed
to the provisions of this Second Supplement, and a certified copy of this Second Supplement shall
be delivered to each Paying Agent/Registrar.
(e) Book Entry Only System. The Bonds issued on the Issuance Date in exchange for the
Bonds initially issued to the Underwriters shall be in the form of a separate single fully registered
Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond
shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of
New York ("DTC"), and except as provided in subsection (f) hereof, all of the outstanding Bonds
shall be registered in the name of Cede & Co., as nominee of DTC. The City heretofore has
executed and delivered to DTC a "Blanket Letter of Representations" with respect to the utilization
by the City of DTC's book -entry only system. Notwithstanding any other provision of this Second
Supplement to the contrary, so long as any Bond is registered in the name of Cede & Co., as
nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices
with respect to such Bond shall be made and given, respectively, in the manner provided in the
representation letter of the City to DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the City
and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers
and dealers, banks, trust companies, clearing corporations and certain other organizations on whose
behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and
settlement of securities transactions among DTC Participants or to any Person on behalf of whom
such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding
sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect
to any ownership interest in the Bonds, (ji) the delivery to any DTC Participant or any other
Person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice
with respect to the Bonds, or (iii) the payment to any DIe Participant or any other Person, other
than a registered owner of Bonds, as shown in the Registration Books of any amount with respect
to principal of or interest on the Bonds. Notwithstanding any other provision of this Second
Supplement to the contrary, the City and the Paying Agent/Registrar shall be entitled to treat and
consider the Person in whose name each Bond is registered in the Registration Books as the
absolute owner of such Bond for the purpose of payment of principal and interest with respect to
such Bond, for the purpose of registering transfers with respect to such Bond, and for all other
purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the
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Bonds only to or upon the order of the registered owners, as shown in the Registration Books as
provided in this Second Supplement, or their respective attorneys duly authorized in writing, and
all such payments shall be valid and effective to fully satisfY and discharge the City's obligations
with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums
so paid. No Person other than a registered owner, as shown in the Registration Books, shall
receive a Bond evidencing the obligation of the City to make payments of principal and interest
pursuant to this Second Supplement. Upon delivery by DTC to the Paying Agent/Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede
& Co., and subject to the provisions in this Second Supplement with respect to interest checks
being mailed to the registered owner at the close of business on the Record Date, the words "Cede
& Co." in this Second Supplement shall refer to such new nominee of DTC.
(f) Successor Securities Depository. In the event that the City determines that DTC is
incapable of discharging its responsibilities described herein and in the representation letter of the
City to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able
to obtain certificated Bonds, the City shall (i) appoint a successor securities depository, qualified
to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notifY
DTC and DTC Participants of the appointment of such successor securities depository and transfer
one or more separate Bonds to such successor securities depository or (ii) notifY DTC and DTC
Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to
DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no
longer be restricted to being registered in the Registration Books in the name of Cede & Co., as
nominee of DTC, but may be registered in the name of the successor securities depository, or its
nominee, or in whatever name or names registered owners transferring or exchanging Bonds shall
designate, in accordance with the provisions of this Second Supplement.
(g) Notice of Redemption. In addition to the method of providing a notice of redemption
set forth in the FORM OF BONDS, the Paying Agent/Registrar shall give notice of redemption of
Bonds by United States mail, first-class postage prepaid, at least 30 days prior to a redemption date
to each registered securities depository and to any national information service that disseminates
redemption notices. In addition, in the event of a redemption caused by an advance refunding of
the Bonds, the Paying Agent/Registrar shall send a second notice of redemption to the Persons
specified in the immediately preceding sentence at least 30 days but not more than 90 days prior
to the actual redemption date. Any notice sent to the registered securities depositories or such
national information services shall be sent so that they are received at least two days prior to the
general mailing or publication date of such notice. The Paying Agent/Registrar shall also send a
notice of prepayment or redemption to the registered owner of any Bond who has not sent the
Bonds in for redemption 60 days after the redemption date.
Each notice of redemption, whether required in the FORM OF BONDS or in this Section,
shall contain a description of the Bonds to be redeemed including the complete name of the Bonds,
the Series, the date of issue, the interest rate, the maturity date, the CUSIP number, the amounts
called of each certificate, the date of redemption, the redemption price, the name of the Paying
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Agent/Registrar and the address at which the Bonds may be redeemed, including a contact person
and telephone number.
All redemption payments made by the Paying Agent/Registrar to the registered owners of
the Bonds shall include a CUSIP number relating to each amount paid to such registered owner.
SECTION 6. ESTABLISHMENT OF REVENUE BOND FINANCING PROGRAM
AND ISSUANCE OF PARITY OBLIGATIONS. By adoption of the Master Ordinance the City
has provided a fmancing structure for revenue supported indebtedness to be issued or incurred for
the Airport. The Master Ordinance is intended to establish a master plan under which revenue
supported debt for the Airport can be delivered. This Second Supplement provides for the
authorization, issuance, sale, delivery, form, characteristics, provisions of payment and
redemption, and security of the Bonds, which are the second series of Parity Obligations. This
Second Supplement and the Master Ordinance were adopted concurrently, and therefore the City
declares that the conditions for the issuance of Parity Obligations as described in Section 12 of the
Master Ordinance do not apply to the issuance of the Bonds. The Master Ordinance is incorporated
herein by reference and as such made a part hereof for all purposes, except to the extent modified
and supplemented hereby. The Bonds are hereby declared to be Parity Obligations under the
Master Ordinance.
SECTION 7. SECURITY. (a) Pledged Revennes. The Bonds are special obligations
of the City payable from and secured solely by the Pledged Revenues pursuant to the Master
Ordinance and this Second Supplement. The Pledged Revenues are hereby pledged to the payment
of the principal of, premium, if any, and interest on the Bonds as the same shall become due and
payable.
(b) Debt Service Reserve Fund. The Bonds are to be secured by the Debt Service Reserve
Fund. The City covenants and agrees to fund the Debt Service Reserve Fund by obtaining on the
Issuance Date a municipal bond debt service reserve insurance policy from the Insurer in an amount
equal to the Required Reserve Amount.
SECTION 8. PAYMENTS; DEBT SERVICE FUND. (a) Moneys Made Available to
Paying Agent. The City agrees to pay the principal of, premium, if any, and the interest on the
Bonds when due, whether by reason of maturity or redemption. The City shall make available to
the Paying Agent/Registrar, on or before such principal, redemption, or interest payment date,
money sufficient to pay such interest on and such principal of the Bonds as will accrue or mature,
or be subject to redemption prior to maturity. The Paying Agent/Registrar shall cancel all paid
Bonds and shall furnish the City with an appropriate certificate of cancellation.
(b) Debt Service Fund. Moneys in the Airport Fund not required for paying Operating
Expenses during each month shall be applied by the City in the order of priority with respect to the
Funds and Accounts that such applications are described in the Master Ordinance. The Master
Ordinance provides that deposits will be made to the credit of the Debt Service Fund in accordance
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with the terms of the Supplement authorizing the issuance or incurrence of Parity Obligations.
With respect to the Bonds, deposits shall be made to the credit of the Debt Service Fund on or
before the 15th day of each month, in the following order of priority. to-wit:
(i) such amounts, deposited in approximately equal monthly installments,
commencing during the month in which the Bonds are delivered or the month thereafter if
delivery is made after the 15th day thereof, as will be sufficient, together with other
amounts, if any, in the Debt Service Fund available for such purpose (including specifically
moneys on deposit in the Capitalized Interest Account in which capitalized interest is
deposited and dedicated thereto), to pay the interest scheduled to come due on the Bonds
on the next succeeding interest payment date;
(ii) such amounts, deposits in approximately equal monthly installments,
commencing during the month which shall be the later to occur of (i) the twelfth month
before the first maturity date of the Bonds, or (ii) the month in which the Bonds are
delivered or the month thereafter if delivery is made after the 15th day thereof, as will be
sufficient, together with other amounts, if any, in the Debt Service Fund available for such
purpose, to pay the principal scheduled to mature on the Bonds on the next succeeding
principal payment date; and
(iii) such amounts, deposited in approximately equal monthly installments,
commencing during the twelfth month before the first mandatory sinking fund redemption
date of the Bonds herein designated as "Term Bonds" within such series, to pay scheduled
mandatory sinking redemption amounts of such Term Bonds to be redeemed in accordance
with the terms of this Second Supplement.
(c) Capitalized Interest Account. Within the Debt Service Fund there shall be established
the Capitalized Interest Account, into which account shall be credited amounts, if any, to be
deposited thereto to pay interest on the Bonds as the same shall come due, pursuant to the certificate
to be executed by the Designated Financial Officer as provided in Section 22 hereof.
SECTION 9. CONSTRUCTION FUND; REBATE FUND. (a) Construction Fund.
There is hereby created and there shall be established and maintained on the books of the City. and
accounted for separate and apart from all other funds of the City, a separate fund designated as the
Construction Fund. Proceeds from the sale of the Bonds, other than accrued interest and moneys,
if any, for deposit to the credit of the Debt Service Reserve Fund, shall be deposited to the credit
of the Construction Fund for use by the City for payment of all lawful costs associated with the
construction, improvement, renovation, enlargement and equipping of the Airport, as hereinbefore
provided. Upon payment of all such costs, any moneys remaining on deposit in the Construction
Fund shall be transferred FIRST to the Rebate Fund, to the extent the City is liable to pay rebate
amounts to the United States of America pursuant to the terms of the Code and NEXT to the Debt
Service Fund. Amounts so deposited to the Debt Service Fund shall be used in the manner
described in the Master Ordinance.
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(b) Rebate Fund. There is hereby created and there shall be established and maintained
on the books of the City, and accounted for separate and apart from all other funds of the City, a
separate fund designated as the Rebate Fund. The Rebate Fund shall be for the sole benefit of the
United States of America and shall not be subject to the lien created by this Second Supplement or
to the claim of any other Person, including the Holders of the Bonds. Amounts deposited to the
Rebate Fund, together with any investment earnings thereon, shall be held in trust and applied
solely as provided in section 148 of the Code.
-,
SECTION 10. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost,
stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered,
a new bond of the same series, principal amount, maturity, and interest rate, and in the same form,
as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the
manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged,
mutilated, lost, stolen, or destroyed Bonds shall be made to the Paying Agent/Registrar. In every
case of loss, theft, or destruction of a Bond, the applicant for a replacement bond shall furnish to
the City and to the Paying Agent/Registrar such security or indemnity as may be required by them
to save each of them harmless from any loss or damage with respect thereto. Also, in every case
of loss, theft, or destruction of a Bond, the applicant shall furnish to the City and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the
case may be. In every case of damage or mutilation of a Bond, the applicant shall surrender to the
Paying Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) Payment in Lieu of Replacement. Notwithstanding the foregoing provisions of this
Section, in the event any such Bond shall have matured, and no default has occurred which is then
continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond,
the City may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity
is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement
bond, the Paying Agent/Registrar shall charge the owner of such Bond with all legal, printing, and
other expenses in connection therewith. Every replacement bond issued pursuant to the provisions
of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a
contractual obligation of the City whether or not the lost, stolen, or destroyed Bond shall be found
at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Second
Supplement equally and proportionately with any and all other Bonds duly issued under this Second
Supplement.
(e) Authority for Issuing Replacement Bonds. In accordance with Chapter 1206, this
Section shall constitute authority for the issuance of any such replacement bond without the
necessity of further action by the City or any Person, and the duty of the replacement of such Bonds
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is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar
shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided
in Section 5 of this Second Supplement for Bonds issued in exchange and replacement for other
Bonds.
SECTION 11. AMENDMENT OF SUPPLEMENT. (a) Amendments Without
Consent. This Second Supplement and the rights and obligations of the City and of the owners of
the Bonds may be modified or amended at any time without notice to or the consent of any owner
of the Bonds or any other Parity Obligations, solely for anyone or more of the following purposes:
(i) To add to the covenants and agreements of the City contained in this Second
Supplement, other covenants and agreements thereafter to be observed, or to surrender any
right or power reserved to or conferred upon the City in this Second Supplement;
(ii) To cure any ambiguity or inconsistency, or to cure or correct any defective
provisions contained in this Second Supplement, upon receipt by the City of an opinion of
Bond Counsel, that the same is needed for such purpose, and will more clearly express the
intent of this Second Supplement;
(iii) To supplement the security for the Bonds, replace or provide additional credit
facilities, or change the form of the Bonds or make such other changes in the provisions
hereof as the City may deem necessary or desirable and which shall not, in the judgment
of the City, materially adversely affect the interests of the owners of the Outstanding Bonds;
(iv) To make any changes or amendments requested by any Credit Rating Agency
then rating or requested by the City to rate Parity Obligations, as a condition to the issuance
or maintenance of a rating, which changes or amendments do not, in the judgment of the
City, materially adversely affect the interests of the owners of the Outstanding Parity
Obligations;
(v) To make such changes, modifications or amendments as are permitted by
Section 20(c)(v) of this Second Supplement;
(vi) To make such changes, modifications or amendments as may be necessary
or desirable, which shall not adversely affect the interests of the owners of the Outstanding
Parity Obligations, in order, to the extent permitted by law, to facilitate the economic and
practical utilization of Credit Agreements with respect to the Parity Obligations; or
(vii) To make such other changes in the provisions hereof as the City may deem
necessary or desirable and which shall not, in the judgment of the City, materially adversely
affect the interests of the owners of Outstanding Parity Obligations.
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Notice of any such amendment may be published by the City in the manner described in subsection
(c) of this Section; provided, however, that the publication of such notice shall not constitute a
condition precedent to the adoption of such amendatory ordinance and the failure to publish such
notice shall not adversely affect the implementation of such amendment as adopted pursuant to such
amendatory ordinance.
(b) Amendments With Consent. Subject to the other provlSlons of this Second
Supplement, the owners of Outstanding Bonds aggregating a majority in Outstanding Principal
Amount shall have the right from time to time to approve any amendment, other than amendments
described in Subsection (a) of this Section, to this Second Supplement which may be deemed
necessary or desirable by the City; provided, however, that nothing herein contained shall permit
or be construed to permit, without the approval of the owners of all of the Outstanding Bonds, the
amendment of the terms and conditions in this Second Supplement or in the Bonds so as to:
(i) Make any change in the maturity of the Outstanding Bonds;
(ii) Reduce the rate of interest borne by Outstanding Bonds;
(iii) Reduce the amount of the principal payable on Outstanding Bonds;
(iv) ModifY the terms of payment of principal of or interest on the Outstanding
Bonds, or impose any conditions with respect to such payment;
(v) Affect the rights of the owners of less than all Bonds then Outstanding; or
(vi) Change the minimum percentage of the Outstanding Principal Amount of
Bonds necessary for consent to such amendment.
(c) Notice. If at any time the City shall desire to amend this Second Supplement other than
pursuant to subsection (a) of this Section, the City shall cause notice of the proposed amendment
to be published in a financial newspaper or journal of general circulation in The City of New
York, New York, and a newspaper of general circulation in the City, once during each calendar
week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of
the proposed amendment and shall state that a copy thereof is on file at the principal office of the
Registrar for inspection by all owners of Bonds. Such publication is not required, however, if the
City gives or causes to be given such notice in writing to each owner of Bonds.
(d) Receipt of Consents. Whenever at any time not less than thirty days, and within one
year, from the date of the first publication of said notice or other service of written notice of the
proposed amendment the City shall receive an instrument or instruments executed by all of the
owners or the owners of at least a majority in Outstanding Principal Amount of Bonds, as
appropriate, which instrument or instruments shall refer to the proposed amendment described in
said notice and which specifically consent to and approve such amendment in substantially the form
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of the copy thereof on file as aforesaid, the City may adopt the amendatory ordinance III
substantially the same form.
(e) Effect of Amendments. Upon the adoption by the City of any ordinance to amend this
Second Supplement pursuant to the provisions of this Section, this Second Supplement shall be
deemed to be amended in accordance with the amendatory ordinance, and the respective rights,
duties, and obligations of the City and all the owners of then Outstanding Bonds and all future
owners of the Bonds shall thereafter be determined, exercised, and enforced under the Master
Ordinance and this Second Supplement, as amended.
(f) Consent Irrevocable. Any consent given by any owner of Bonds pursuant to the
provisions of this Section shall be irrevocable for a period of six months from the date of the first
publication or other service of the notice provided for in this Section, and shall be conclusive and
binding upon all future owners of the same Bonds during such period. Such consent may be
revoked at any time after six months from the date of the first publication of such notice by the
owner who gave such consent, or by a successor in title, by filing notice thereof with the Registrar
and the City. but such revocation shall not be effective if the owners of a majority in Outstanding
Principal Amount of Bonds, prior to the attempted revocation, consented to and approved the
amendment.
(g) Ownership. For the purpose of this Section, the ownership and other matters relating
to all Bonds registered as to ownership shall be determined from the Registration Books. The
Registrar may conclusively assume that such ownership continues until written notice to the
contrary is served upon the Registrar.
SECTION 12. COVENANTS REGARDING TAX-EXEMPTION. The City intends to
issue the Bonds as Tax-Exempt Debt, and to that end hereby covenants to refrain from any action
which would adversely affect, or to take such action to assure, the treatment of the Bonds as
obligations described in section 103 of the Code, the interest on which is not includable in the
"gross income" of the holder for purposes of federal income taxation. In particular, but not by way
of limitation thereof, the City covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if
any) are used for any "private business use", as defined in section 141(b)(6) of the Code or,
if more than 10 percent of the proceeds are so used, that amounts, whether or not received
by the Issuer, with respect to such private business use, do not, under the terms of this
Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the
payment of more than 10 percent of the debt service on the Bonds, in contravention of
section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
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amount in excess of 5 percent is used for a "private business use" which is "related" and
not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the
governmental use;
~
(c) to take any action to assure that no amount which is greater than the lesser
of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Bonds
being treated as "private activity bonds" within the meaning of section 141(a) of the Code;
(e) to refrain from taking any action that would result in the Bonds being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) which produces a
materially higher yield over the term of the Bonds, other than investment property acquired
with --
(1) proceeds of the Bonds invested for a reasonable temporary period of .- .
3 years or less until such proceeds are needed for the purpose for which the bonds
are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1. 148-1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bonds;
(g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated
as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the
extent applicable, section 149(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Bonds) an amount that is at least equal to
90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and
to pay to the United States of America, not later than 60 days after the Bonds have been
paid in full, 100 percent of the amount then required to be paid as a result of Excess
Earnings under section 148(f) of the Code.
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The City understands that the term "proceeds" includes (i) "disposition proceeds" as defined in the
Treasury Regulations, (ii) investment proceeds and, (iii) in the case of refunding bonds, transferred
proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the
Bonds. It is the understanding of the City that the covenants contained herein are intended to assure
compliance with the Code and any regulations or rulings promulgated by the U.S. Department of
the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated
which modify or expand provisions of the Code, as applicable to the Bonds, the City will not be
required to comply with any covenant contained herein to the extent that such failure to comply,
in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from
federal income taxation of interest on the Bonds under section 103 of the Code. In the event that
regulations or rulings are hereafter promulgated which impose additional requirements which are
applicable to the Bonds, the City agrees to comply with the additional requirements to the extent
necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from
federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of
such intention, the City hereby authorizes and directs any Designated Financial Officer to execute
any certificates or other reports required by the Code and to make such elections, on behalf of the
City, which may be permitted by the Code as are consistent with the purpose for the issuance of
the Bonds.
SECTION 13. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR
THE PROJECT. The City covenants to account for on its books and records the expenditure
of proceeds from the sale of the Bonds and any investment earnings thereon to be used for the
financing of the improvements to the Airport as described in Section 2 hereof (referred to herein
and Section 14 hereof as a "Project") in accordance with the requirements of the Code. The City
recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the
proceeds must be allocated to expenditures within 18 months of the later of the date that (a) the
expenditure on a Project is made or (b) each such Project is completed; but in no event later than
three years after the dale on which the original expenditure is paid. The foregoing notwithstanding,
the City recognizes that in order for proceeds to be expended under the Code, the sale proceeds or
investment earnings must be expended no more than 60 days after the earlier of (a) the fifth
anniversary of the Issuance Date or (b) the date the Bonds are retired. The City agrees to obtain
the advise of Bond Counsel if such expenditure fails to comply with the foregoing to assure that
such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes of this
Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of
Bond Counsel to the effect that such failure to comply will not adversely affect the excludability
for federal income tax purposes from gross income of the interest.
SECTION 14. DISPOSITION OF PROJECT. The City covenants that the property
constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt
by the City of cash or other compensation, unless the City obtains an opinion of Bond Counsel
substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt
status of the Bonds. For purposes of this Section, the portion of the property comprising personal
property and disposed of in the ordinary course of business shall not be treated as a transaction
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resulting in the receipt of cash or other compensation. For pUlposes of this Section, the City shall
not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effect
that such failure to comply will not adversely affect the excludability for federal income tax
purposes from gross income of the interest.
~
SECTION 15. SECOND SUPPLEMENT TO CONSTITUTE A CONTRACT; EQUAL
SECURITY. In consideration of the acceptance of the Bonds, the issuance of which is authorized
hereunder, by those who shall hold the same from time to time, this Second Supplement shall be
deemed to be and shall constitute a contract between the City and the Holders from time to time
of the Bonds and the pledge made in this Second Supplement by the City and the covenants and
agreements set forth in this Second Supplement to be performed by the City shall be for the equal
and proportionate benefit, security, and protection of all Holders, without preference, priority, or
distinction as to security or otherwise of any of the Bonds authorized hereunder over any of the
others by reason of time of issuance, sale, or maturity thereof or otherwise for any cause
whatsoever, except as expressly provided in or permitted by this Second Supplement.
SECTION 16. SEVERABILITY OF INVALID PROVISIONS. If anyone or more of
the covenants, agreements, or provisions herein contained shall be held contrary to any express pro-
visions of law or contrary to the policy of express law, though not expressly prohibited, or against
public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements,
or provisions shall be null and void and shall be deemed separable from the remaining covenants,
agreements, or provisions and shall in no way affect the validity of any of the other provisions
hereof or of the Bonds issued hereunder.
SECTION 17. PAYMENT AND PERFORMANCE ON BUSINESS DAYS. Except as
provided to the contrary in the FORM OF BONDS, whenever under the terms of this Second
Supplement or the Bonds, the performance date of any provision hereof or thereof, including the
payment of principal of or interest on the Bonds, shall occur on a day other than a Business Day,
then the performance thereof, including the payment of principal of and interest on the Bonds, need
not be made on such day but may be performed or paid, as the case may be, on the next succeeding
Business Day with the same force and effect as if made on the date of performance or payment.
SECTION 18. LIMITATION OF BENEFITS WITH RESPECT TO THE SECOND
SUPPLEMENT. With the exception of the rights or benefits herein expressly conferred, nothing
expressed or contained herein or implied from the provisions of this Second Supplement or the
Bonds is intended or should be construed to confer upon or give to any Person other than the City,
the Holders, and the Paying Agent/Registrar, any legal or equitable right, remedy, or claim under
or by reason of or in respect to this Second Supplement or any covenant, condition, stipulation,
promise, agreement, or provision herein contained. This Second Supplement and all of the
covenants, conditions, stipulations, promises, agreements, and provisions hereof are intended to
be and shall be for and inure to the sole and exclusive benefit of the City, the Holders, and the
Paying Agent/Registrar as herein and therein provided.
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SECTION 19. CUSTODY, APPROVAL, BOND COUNSEL'S OPINION, CUSIP
NUMBERS, PREAMBLE AND INSURANCE. The Designated Financial Officer is hereby
authorized to have control of the Bonds issued hereunder and all necessary records and proceedings
pertaining to the Bonds pending their delivery and approval by the Attorney General of the State
of Texas. In accordance with the provisions of Chapter 1202, the Designated Financial Officer is
hereby authorized to request that the Attorney General approve the Bonds, in which case the
Designated Financial Officer also is authorized to request that the Comptroller of Public Accounts
register the Bonds and to cause an appropriate legend reflecting such approval and registration to
appear on the Bonds. The approving legal opinion of Bond Counsel and the assigned CUSIP
numbers may, at the option of the City, be printed on the Bonds and on any Bonds issued and
delivered in exchange or replacement of any Bond, but neither shall have any legal effect, and shall
be solely for the convenience and information of the registered owners of the Bonds. The preamble
to this Second Supplement is hereby adopted and made a part of this Second Supplement for all
purposes. If insurance is obtained on any of the Bonds, the Bonds shall bear, as appropriate and
applicable, a legend concerning insurance as provided by the municipal bond insurance company
issuing any such insurance.
SECTION 20. COMPLIANCE WITH RULE ISc2-12. (a) Annual Reports. (i) The
City shall provide annually to each NRMSIR and any SID, within six months after the end of each
fiscal year ending in or after 200 1, financial information and operating data with respect to the City
of the general type included in the final Official Statement authorized by Section 3 of this Second
Supplement, being the information described in Exhibit "C" hereto. Any financial statements so
to be provided shall be prepared in accordance with the accounting principles described in
Exhibit "c" hereto, or such other accounting principles as the City may be required to employ from
time to time pursuant to state law or regulation. If the City commissions an audit of such
statements and the audit is completed within the period during which they must be provided, a copy
of such audit also shall be provided in accordance with the Rule. If any such audit of such financial
statements, if one is commissioned by the City, is not complete within such period, then the City
shall provide unaudited financial statements and audited financial statements for the applicable fiscal
year to each NRMSIR and any SID, when and if the audit report on such statements become
available.
(ii) If the City changes its Fiscal Year, it will notify each NRMSIR and any SID of the
change (and of the date of the new Fiscal Year end) prior to the next date by which the City
otherwise would be required to provide financial information and operating data pursuant to this
Section. The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document (including an official statement or other offering document, if it is available from the
MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC.
(b) Material Event Notices. The City shall notifY any SID and either each NRMSIR or
the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such
event is material within the meaning of the federal securities laws:
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1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
7. Modifications to rights of holders of the Bonds;
8. Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds;
and
11. Rating changes.
The City shall notifY any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide fInancial information or operating data in accordance with subsection
(a) of this Section by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long as,
the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule,
except that the City in any event will give notice of any deposit made in accordance with this -,
Second Supplement or applicable law that causes the Bonds no longer to be Outstanding.
(ii) The provisions of this Section are for the sole benefIt of the registered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other Person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City' s financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly
provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
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(iv) No default by the City in observing or performing its obligations under this Section
shall comprise a breach of or default under this Second Supplement for purposes of any other
provision of this Second Supplement. Nothing in this Section is intended or shall act to disclaim,
waive, or otherwise limit the duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in
the primary offering of the Bonds in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2)
either (a) the registered owners of a majority in aggregate principal amount (or any greater amount
required by any other provision of this Second Supplement that authorizes such an amendment) of
the Bonds then outstanding consent to such amendment or (b) a Person that is unaffiliated with the
City (such as nationally recognized bond counsel) determines that such amendment will not
materially impair the interest of the registered owners and beneficial owners of the Bonds. If the
City so amends the provisions of this Section, it shall include with any amended financial
information or operating data next provided in accordance with subsection (a) of this Section an
explanation, in narrative form, of the reason for the amendment and of the impact of any change
in the type of financial information or operating data so provided. The City may also amend or
repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the
applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions
of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not
prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the
Bonds.
SECTION 21. DEFEASANCE OF BONDS. (a) Defeased Bonds. Any Bond and the
interest thereon shall be deemed to be paid, retired and no longer Outstanding (a "Defeased Bond"),
except to the extent provided in subsection (d) of this Section, when payment of the principal of
such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity
or otherwise) either (i) shall have been made or caused to be made in accordance with the terms
thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing
with or making available to the Paying Agent/Registrar in accordance with an escrow agreement
or other similar instrument (the "Future Escrow Agreement") for such payment (1) lawful money
of the United States of America sufficient to make such payment or (2) Defeasance Securities that
mature as to principal and interest in such amounts and at such times as will insure the availability,
without reinvestment, of sufficient money to provide for such payment, and when proper
arrangements have been made by the City with the Paying Agent/Registrar for the payment of its
services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall
be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall
no longer be secured by, payable from, or entitled to the benefits of, the Pledged Revenues, and
such principal and interest shall be payable solely from such money or Defeasance Securities.
Notwithstanding any other provision of this Second Supplement to the contrary, it is hereby
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provided that any determination not to redeem Defeased Bonds that is made in conjunction with the
payment arrangements specified in subsections (a)(i) or (ii) of this Section shall not be irrevocable.
provided that: (1) in the proceedings providing for such payment arrangements, the City expressly
reserves the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of
that right to the owners of the Defeased Bonds immediately following the making of the payment
arrangements; and (3) directs that notice of the reservation be included in any redemption notices
that it authorizes.
(b) Investment in Defeasance Securities. Any moneys so deposited with the Paying
Agent/Registrar may at the written direction of the City be invested in Defeasance Securities,
maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance
Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds
and interest thereon, with respect to which such money has been so deposited, shall be turned over
to the City, or deposited as directed in writing by the City. Any Future Escrow Agreement
pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased
Bonds may contain provisions permitting the investment or reinvestment of such moneys in
Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the
requirements specified in subsections (a)(i) or (ii) of this Section. All income from such
Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment
of the Defeased Bonds, with respect to which such money has been so deposited, shall be remitted
to the City or deposited as directed in writing by the City.
(c) Paying Agent/Registrar Services. Until all Defeased Bonds shall have become due
and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for
such Defeased Bonds the same as if they had not been defeased, and the City shall make proper
arrangements to provide and pay for such services as required by this Second Supplement.
(d) Selection of Bonds for Defeasance. In the event that the City elects to defease less
than all of the principal amount of Bonds of a maturity, the Paying Agent/Registrar shall select, or
cause to be selected, such amount of Bonds by such random method as it deems fair and
appropriate.
SECTION 22. FURTHER PROCEDURES. The Mayor, any Designated Financial
Officer, and all other officers, employees. and agents of the City, and each of them, shall be and
they are hereby expressly authorized, empowered, and directed from time to time and at any time
to do and perform all such acts and things and to execute, acknowledge, and deliver in the name
and under the corporate seal and on behalf of the City all such instruments, whether or not herein
mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this
Second Supplement, the Bonds, the sale and delivery of the Bonds and fixing all details in
connection therewith, and to approve any Official Statement, or supplements thereto, in connection
with the Bonds. Specifically, but not by way of limitation, the Designated Financial Officer shall
execute a certificate detailing the use of the proceeds of the Bonds and the First Series Bonds,
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including any deposits of proceeds representing capitalized interest to the Capitalized Interest
Account.
SECTION 23. BOND INSURANCE AND DEBT SERVICE RESERVE FUND
INSURANCE POLICIES. On the Issuance Date, the City will obtain from the Insurer a
municipal bond insurance policy and a debt service reserve fund policy in support of the Bonds and
the First Series Bonds. To that end, for so long as said policies are in effect, the ordinance
requirements of the Insurer, as a condition to the issuance of said policies, attached hereto as
Exhibit "D" hereto, are incorporated by reference into this Second Supplement and made a part
hereof for all purposes, notwithstanding any other provision of this Second Supplement to the
contrary .
SECTION 24. RULES OF CONSTRUCTION. For all purposes of this Second
Supplement, unless the context requires otherwise, all references to designated Sections and other
subdivisions are to the Sections and other subdivisions of this Second Supplement. The words
"herein", "hereof" and "hereunder" and other words of similar import refer to this Second
Supplement as a whole and not to any particular Section or other subdivision. Except where the
context otherwise requires, terms defined in this Second Supplement to impart the singular number
shall be considered to include the plural number and vice versa. References to any named Person
means that party and its successors and assigns. References to any constitutional, statutory or
regulatory provision means such provision as it exists on the date this Second Supplement is
adopted by the City and any future amendments thereto or successor provisions thereof. Any
reference to the payment of principal in this Second Supplement shall be deemed to include the
payment of any mandatory sinking fund redemption payments as described herein.
SECTION 25. INTERPRETATIONS. The titles and headings of the Sections and
subsections of this Second Supplement have been inserted for convenience of reference only and
are not to be considered a part hereof and shall not in any way modify or restrict any of the terms
or provisions hereof.
SECTION 26. DELEGATION OF AUTHORITY. In respect to the delegation by the
City of any authority to an officer or employee of the City under Chapter 1371 to perform any duty
or responsibility hereunder, the City hereby finds that a finding or determination made by such
officer or employee has the same force and effect as a finding or determination made by the
governing body of the City.
SECTION 27. REPEAL OF CONFLICTING ORDINANCES. All ordinances and all
parts of any ordinances (other than the Master Ordinance or the First Supplement) which are in
conflict or inconsistent with this Second Supplement are hereby repealed and shall be of no further
force or effect to the extent of such conflict or inconsistency.
SECTION 28. IMMEDIATE EFFECT. On request of the Mayor to find and declare an
emergency due to the immediate need for the efficient and effective administration of City affairs
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by authorizing the issuance of the Bonds to finance needed capital improvements at the Airport,
such finding of an emergency is hereby specifically made and declared, requiring suspension of the
Charter rule as to consideration and voting upon ordinances or resolutions at two regular meetings
so that this Second Supplement be passed and take effect upon first reading.
~
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED THIS THE ~AY OF ~, 2000:
James R. Bray, Jr., City Attorney
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Corpus Christi, Texas
day of , 2000
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
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EXHIBIT A
DEFINITIONS
-.
As used in this Second Supplement the following terms and expressions shall have the
meanings set forth below, unless the text hereof specifically indicates otherwise:
"Acts" shall mean, collectively, Chapter 22 and Chapter 1371.
"Authentication Certificate" means the Authentication Certificate as defined in Section 5(a)
of the Second Supplement.
"Authorized Denomination" means an Authorized Denomination as defined in Section 3(a)
of the Second Supplement.
"Bond Date" means, when used with respect to the Bonds, August 15, 2000.
"Bonds" means the Second Series Bonds, and all substitute bonds exchanged therefor, and
all other substitute and replacement bonds issued pursuant to the Second Supplement; and the term
"Bond" means any of the Bonds.
"Capitalized Interest Account" means the account established within the Debt Service Fund
as provided in Section 8(c) of the Second Supplement.
"Chapter 1202" means Chapter 1202, Texas Government Code.
"Chapter 1206" means Chapter 1206, Texas Government Code.
"Code" means the Internal Revenue Code of 1986, as amended.
"Construction Fund" means the "City of Corpus Christi, Texas Series 2000B General Airport
Revenue Bonds Construction Fund" established pursuant to Section 9 of the Second Supplement.
"Defeasance Securities" means (i) direct, noncallable obligations of the United States of
America, including obligations that are unconditionally guaranteed by the United States of America,
(ii) noncallable obligations of an agency or instrumentality of the United States of America, including
obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that,
on the date of the purchase thereof are rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state
or an agency or a county, municipality, or other political subdivision of a state that have been
refunded and that, on the date the goveming body of the City adopts or approves the proceedings
authorizing the financial arrangements are rated as to investment quality by a nationally recognized
investment rating firm not less than AM or its equivalent.
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278
"Designated Trust Office" means the office for payment and transfer of Bonds as designated
by the Paying Agent/Registrar in the Paying Agent Agreement.
"DTC" means The Depository Trust Company, New York, New York, or any successor
securities depository.
"DTC Participant" means securities brokers and dealers, banks, trust companies, clearing
corporations, and certain other organizations on whose behalf DTC was created to hold securities to
facilitate the clearance and settlement of securities transactions among DTC Participants.
"First Series Bonds" means the City of Corpus Christi, Texas General Airport Revenue
Bonds, Series 2000A (Exempt Facility Bonds) authorized by the First Supplement.
"First Supplement" means the ordinance authorizing the First Series Bonds, adopted
concurrently with the Second Supplement.
"Insurer" means Financial Security Assurance, Inc., and its successors and assigns.
"Issuance Date" means the date of delivery the Bonds to the Underwriters against payment
therefor.
"Master Ordinance" means the Master Ordinance Establishing the General Airport Revenue
Bond Financing Program With Respect to the Issuance of Obligations by the City of Corpus Christi,
Texas Secured by General Airport Revenues", adopted by the City on August 22, 2000.
"Maturity" means the date on which the principal of a Bond becomes due and payable as
therein and herein provided, whether at Stated Maturity, by redemption, declaration of acceleration,
or otherwise.
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each Person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
"Paying Agent", "Registrar" or "Paying Agent/Registrar" means the agent appointed
pursuant to Section 5(a) of the Second Supplement, or any successor to such agent.
"Paying Agent Agreement" means the agreement between the City and the Paying
Agent/Registrar pertaining to the duties and responsibilities of the Paying Agent/Registrar for the
Bonds.
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279
"Purchase Agreement" means the bond purchase agreement between the City and the
Underwriters pertaining to the purchase of the Bonds and the First Series Bonds by the Underwriters.
~
"Rebate Fund" means the "City of Corpus Christi, Texas Series 2000B General Airport
Revenue Bonds Rebate Fund" established pursuant to Section 12 of the Second Supplement.
"Record Date" means, with respect to the Bonds, the last Business Day of the month next
preceding an interest payment date.
"Registration Books" means the books or records relating to the registration, payment, and
transfer or exchange of the Bonds maintained by the Paying Agent/Registrar pursuant to Section 5
of the Second Supplement.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"Second Series Bonds" means the City of Corpus Christi, Texas General Airport Revenue
Bonds, Series 2000B authorized by the Second Supplement.
"Second Supplement" means this ordinance authorizing the Bonds.
-.,
"SID" means any Person designated by the State of Texas or an authorized department,
officer, or agency thereof as, and determined by the SEe or its staff to be, a state information
depository within the meaning of the Rule from time to time.
"Stated Maturity" means, when used with respect to the Bonds, the scheduled maturity or
mandatory sinking fund redemption of the Bonds.
"Underwriters" means the syndicate of investment banking firms identified in the Purchase
Agreement; Merrill Lynch & Co. acts as senior managing underwriter.
All terms not herein defined shall have the meanings given to said terms by the Master
Ordinance or as otherwise defined in this Second Supplement.
-,
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280
EXHIBIT B
FORM OF BONDS
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI, TEXAS
GENERAL AIRPORT REVENUE BOND,
SERIES 2000B
NO.R-
PRINCIPAL
AMOUNT
$
INTEREST
RATE
MATURITY
DATE
BOND
DATE
CUSIP
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI, IN
NUECES COUNTY, TEXAS (the "City"), being a home-rule municipality and political subdivision
of the State of Texas, hereby promises to pay to the Registered O",ner specified above, or the
registered assignee hereof (either being hereinafter called the "registered owner"), the principal
amount specified above, and to pay interest thereon, calculated on the basis of a 360-day year
composed of twelve 30-day months, from the Bond Date specified above, to the Maturity Date
specified above. or the date of redemption prior to maturity, at the interest rate per annum specified
above; with interest being payable on February 15,2001, and semiannually on each August 15 and
February 15 thereafter, except that if the date of authentication of this Bond is later than the first
Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment
date next preceding the date of authentication, unless such date of authentication is after any Record
Date but on or before the next following interest payment date, in which case such principal amount
shall bear interest from such next following interest payment date.
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281
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges, solely from funds of the City
required by the Ordinance authorizing the issuance of the Bonds to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided. The principal of this Bond shall be paid
to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the
date fixed for its redemption prior to maturity, of Chase Bank of Texas, National Association, which
is the "Paying Agent/Registrar" for this Bond, at its designated corporate trust office in Houston,
Texas (the "Designated Trust Office"). The payment of interest on this Bond shall be made by the
Paying AgentlRegistrar to the registered owner hereof on each interest payment date by check, dated
as of such interest payment date, and such check shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such interest payment date, to the registered
owner hereof, at the address of the registered owner, as it appeared on the last business day of the
month next preceding each such interest payment date (the "Record Date") on the Registration Books
kept by the Paying AgentlRegistrar, as hereinafter described; provided, that upon the written request
of any owner of not less than $1,000,000 in principal amount of Bonds provided to the Paying
AgentlRegistrar not later than the Record Date immediately preceding an interest payment date,
interest due on such Bonds on such interest payment date shall be made by wire transfer to any
designated account within the United States of America. In addition, interest may be paid by such
other method, acceptable to the Paying AgentlRegistrar, as may be requested by, and at the risk and
expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond
prior to maturity as provided herein shall be paid to the registered owner upon presentation and sur-
render of this Bond for redemption and payment at the Designated Trust Office of the Paying
AgentlRegistrar. The City covenants with the registered o\Vner of this Bond that on or before each
principal payment date and interest payment date for this Bond it will make available to the Paying
Agent/Registrar, the amounts required to provide for the payment, in immediately available funds,
of all principal of and interest on the Bonds, when due. Notwithstanding the foregoing, during any
period in which ownership of the Bonds is determined by a book entry at a securities depository for
the Bonds, payments made to the securities depository, or its nominee, shall be made in accordance
with arrangements between the City and the securities depository. Terms used herein and not
otherwise defined have the meaning given in the Bond Ordinance (hereinafter defined).
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in The City of New York, New York,
or in the city where the Designated Trust Office of the Paying Agent/Registrar is located are
authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking
institutions are authorized to close; and payment on such date shall have the same force and effect
as if made on the original date payment was due.
THIS BOND is one of a Series of Bonds, dated as of the Bond Date stated above, authorized
in accordance with the Constitution and laws of the State of Texas including, without limitation,
Chapter 22, Texas Transportation Code, in the aggregate principal amount of$ ,issued
pursuant to a Second Supplemental Ordinance to the Master Ordinance adopted August 22, 2000, and
pursuant to the Master Ordinance referred therein (collectively, the "Bond Ordinance"), FOR THE
B-2
282
PURPOSE OF CONSTRUCTING, IMPROVING, RENOVATING, ENLARGING AND
EQUIPPING THE CORPUS CHRISTI INTER.NA TIONAL AIRPORT. All Bonds of this series are
issuable solely as fully registered bonds, without interest coupons, in any Authorized Denomination.
ON FEBRUARY 15,20_, or on any date thereafter, the Bonds of this Series maturing on
and after February 15, 20_ may be redeemed prior to their scheduled maturities, at the option of the
City, with funds derived from any available and lawful source, as a whole, or in part, and, if in part,
the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the City
(provided that a portion ofa Bond may be redeemed only in an integral multiple of$5,000), at par
and accrued interest to the date fixed for redemption; provided, that during any period in which
ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds,
if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be
redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in
accordance with the arrangements between the City and the securities depository.
NOTICE OF any such redemption of Bonds shall be given in the following manner, to-wit,
(i) a written notice of such redemption shall be given to the registered owner of each Bond or a
portion thereof being called for redemption not more than 60 days nor less than 30 days prior to the
date fixed for such redemption by depositing such notice in the United States Mail, first-class postage
prepaid, addressed to each such registered owner at the address thereof shown on the Registration
Books of the Paying AgentlRegistrar and (ii) a notice of such redemption shall be published one time,
at least 30 days prior to the date fixed for such redemption, in a journal or publication of general
circulation in the United States of America which carries as a regular feature notices of redemption
of municipal bonds; provided, however, that the failure to send, mail, or receive such notice described
in clause (i) above, or any defect therein or in the sending or mailing thereof, shall not affect the
validity or effectiveness of the proceedings for the redemption of any Bond, as publication of notice
as described in clause (ii) above shall be the only notice actually required in connection with or as a
prerequisite to the redemption of any Bonds. By the date fixed for any such redemption due provision
shall be made by the City with the Paying AgentlRegistrar for the payment of the required redemption
price for this Bond or the portion hereof which is to be so redeemed, plus accrued interest thereon to
the date fixed for redemption. If such notice of redemption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion hereof which is to be so redeemed,
thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear or accrue
interest after the date fixed for its redemption, and shall not be regarded as being outstanding except
for the right of the registered owner to receive the redemption price plus accrued interest to the date
fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment.
The Paying AgentlRegistrar shall record in the Registration Books all such redemptions of principal
amount of this Bond or any portion hereof. If a portion of any Bond shall be redeemed a substitute
Bond or Bonds having the same maturity date, bearing interest at the same rate, in any Authorized
Denomination, and in an aggregate principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the
City, all as provided in the Bond Ordinance. The years of maturity of the Bonds called for such
redemption shall be selected by the City. The Bonds or portions thereof redeemed within a maturity
B-3
283
shall be selected by lot or other customary random method selected by the Paying Agent/Registrar
(provided that a portion of a Bond may be redeemed only in an Authorized Denomination).
~
THIS BOND OR ANY PORTION OR PORTIONS HEREOF may, at the request of the regis-
tered owner or the assignee or assignees hereof, be assigned, transferred, converted into and
exchanged for a like aggregate amount of fully registered Bonds, without interest coupons, payable
to the appropriate registered owner, assignee or assignees, as the case may be, having any Authorized
Denomination as requested in writing by the appropriate registered owner, assignee or assignees, as
the case may be, upon surrender of this Bond to the Paying Agent/Registrar at its Designated Trust
Office for cancellation, all in accordance with the form and procedures set forth in the Bond
Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented
and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in
form and with guarantee of signatures satisfactory to the Paying AgentlRegistrar, evidencing
assignment of this Bond or any portion or portions hereof in any Authorized Denomination to the
assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or
are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by
the registered owner to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying AgentlRegistrar may be used to evidence the
assignment of this Bond or any portion or portions hereof from time to time by the registered owner.
The one requesting such conversion and exchange shall pay the Paying Agent/Registrar's reasonable
standard or customary fees and charges for converting and exchanging any Bond or portion thereof.
In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall
be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition
precedent to the exercise of such privilege. The foregoing notwithstanding, in the case of the
conversion and exchange of an assigned and transferred Bond or Bonds or any portion or portions
thereof, such fees and charges of the Paying AgentlRegistrar will be paid by the City. The Paying
Agent/Registrar shall not be required (i) to make any such transfer, conversion or exchange during
the period beginning at the opening of business 30 days before the day of the first mailing of a notice
of redemption and ending at the close of business on the day of such mailing, or (ii) to transfer,
convert or exchange any Bonds so selected for redemption when such redemption is scheduled to
occur within 30 calendar days; provided, however, such limitation of transfer shall not be applicable
to an exchange by the registered owner of an unredeemed balance of a Bond called for redemption
in part.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering, or transferring
this Bond shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying AgentlRegistrar for the Bonds is changed by the City, resigns,
or otherwise ceases to act as such, the City has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and promptly will cause written
notice thereof to be mailed to the registered owners of the Bonds.
-,
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284
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly
authorized, issued, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond
have been performed, existed, and been done in accordance with law; that the Series of Bonds of
which this Bond is one constitute Parity Obligations under the Master Ordinance; and that the interest
on and principal of this Bond, together with the other Bonds of this Series and the other outstanding
Parity Obligations are equally and ratably secured by and payable solely from a lien on and pledge
of the Pledged Revenues.
THE CITY has reserved the right, subject to the restrictions referred to in the Bond Ordinance,
(i) to issue or incur additional Parity Obligations which also may be secured by and made payable
from a lien on and pledge of the aforesaid Pledged Revenues, in the same manner and to the same
extent as this Bond, and (ii) to amend the provisions of the Bond Ordinance under the conditions
provided in the Bond Ordinance.
THE REGISTERED OWNER hereof shall never have the right to demand payment of this
Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source
whatsoever other than specified in the Bond Ordinance.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the official minutes and records of the City, and agrees that the terms and provisions of
this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and
the City.
IN WITNESS WHEREOF, the City has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature
of the City Secretary of the City, and has caused the official seal of the City to be duly impressed, or
placed in facsimile, on this Bond.
City Secretary, City of Corpus Christi, Texas
Mayor, City of Corpus Christi, Texas
8-5
285
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange
for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was
approved by the Attorney General of the State of Texas and registered by the Comptroller of Public
Accounts of the State of Texas.
Chase Bank of Texas, National Association,
Paying AgentlRegistrar
Dated
Authorized Representative
8-6
286
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized
representative or attorney thereof, hereby assigns this Bond to
/ /
(Assignee's Social Security or Taxpayer Identification Number)
(print or typewrite Assignee's name and address, including zip code)
and hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books
with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: This signature must be guaranteed
by a member of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: This signature must correspond
with the name of the Registered Owner
appearing on the face of this Bond.
B-7
287
[FORM OF REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS TO ACCOMPANY
THE BONDS UPON INITIAL DELIVERY]
~
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certifY that this Bond has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller
of Public Accounts of the State of Texas.
Witness my signature and seal this _ day of
,2000.
Comptroller of Public Accounts
of the State of Texas
8-8
288
ORDINANCE
APPROPRIATING $9,640,000 FROM THE PROCEEDS OF THE SALE OF
CITY OF CORPUS CHRISTI GENERAL AIRPORT REVENUE BONDS,
SERIES 2000B IN THE NO. 3025 AIRPORT 2000B CIP FUND FOR THE
PURPOSE OF CONSTRUCTING, IMPROVING, RENOVATING,
ENLARGING AND EQUIPPING THE CORPUS CHRISTI
INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $9,640,000 from the proceeds of the sale of City of Corpus Christi
General Airport Revenue Bonds, Series 2000B is appropriated in the No. 3025 Airport 2000B CIP
Fund for the purpose of constructing, improving, renovating, enlarging and equipping the Corpus
Christi International Airport.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the _ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED Av"0h t \ 'i' ,2000; JAMES R. BRAY, JR., CITY ATTORNEY
J
By:
,
';A /c }z.
Lisa Aguilar,
r
".~I.-f.)
sistant City Attorney
H:\LEG-DIR\VERONICA 1.ISA\ORD~\ORIn. II);
289
ORDINANCE
APPROPRIATING $13,010,000 FROM THE PROCEEDS OF THE SALE OF
CITY OF CORPUS CHRISTI GENERAL AIRPORT REVENUE BONDS,
SERIES 2000A (EXEMPT FACILITY BONDS) IN THE NO. 3024 AIRPORT
2000A CIP FUND FOR THE PURPOSE OF CONSTRUCTING, IMPROVING,
RENOVATING, ENLARGING AND EQUIPPING THE CORPUS CHRISTI
INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $13,010,000 from the proceeds of the sale of City of Corpus Christi
General Airport Revenue Bonds, Series 2000A (Exempt Facility Bonds) is appropriated in the No.
3024 Airport 2000A CIP Fund for the purpose of constructing, improving, renovating, enlarging and
equipping the Corpus Christi International Airport.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the _ day of , 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr.. Mayor
LEGAL FORM APPROVED _ -\vv ",v"f If, 2000: JAMES R. BRAY, JR., CITY ATTORNEY
,)
By: ,j,;./rz.. A;II.Jt-'
Lisa Aguilar. Assistant City Attorney
H:\LEG-D1R\ VERONICA'.uSA\ORD2\ORD2. [9.t
290
30
AGENDA MEMORANDUM
August 17, 2000
SUBJECT: Corpus Christi International Airport Terminal Construction
AGENDA ITEM:
a. Ordinance appropriating $2,299,303 in Passenger Facility Charges in the No. 4620
Passenger Facility Charges Fund for the Corpus Christi International Airport Terminal
Building; and declaring an emergency.
b. Motion authorizing City Manager, or designee, to execute a construction contract with
Fulton Construction/Coastcon, A Joint Venture in the amount of $16,472,000 for the
Corpus Christi International Airport Terminal Construction Project.
ISSUES:
Award of a construction contract is necessary to proceed with the project.
FUNDING: Funding is available in the Airport Capital Projects Fund, FAA Grants, and
Passenger Facility Charges.
RECOMMENDATION: Approval of the motions as presented.
~
t~~
A R. Escobar, P. E.
Director of Engineering Servic9s
~~~
J arza
Assistant City Manager
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Prior Council Actions
Exhibit C. Site Map
Exhibit D. Project Budget
Exhibit E. Bid Tabulation
291
BACKGROUND INFORMATION
PROJECT DESCRIPTION: The project consists of the construction of a new airport
terminal building and demolition of the existing airport terminal building. The work includes
airline ticket offices, a cargo facility, a baggage claim, a checkpoint, concourse and other
facilities to complete the project. Related work that will be bid as separate projects include:
1. Temporary Terminal
2. Roadway and Parking Improvements
3. Aircraft Apron
4. Airport Wastewater Lift Station Relocation
5. Tower Demolition and Paving
6. Tower Asbestos Removal
7. Airfield Electrical Projects
8. Service Road
9. Airfield Lighting Improvements
$1,500,000
$7,800,000
$2,700,000
$520,000
$185,000
$60,000
$515,000
$70,000
$750,000
ADDITIONAL INFORMATION: The Terminal Construction project is the centerpiece of
a $36 million Capital Improvement Program for Corpus Christi Intemational Airport. The
CIP program was developed with extensive participation by the Airport Board, Airlines,
FAA, City Council and other airport terminal tenants. Coordination meetings with tenants
have been held at least monthly. The Airport Board has reviewed and discussed at length
at each monthly meeting the design process.
The City Council has been presented and held extensive discussions at their weekly
meetings, on at least four occasions, including a workshop at the start of design, to insure
that public was informed and input was received. Extensive media coverage of the Council
Meetings has been received.
The question of the feasibility of dividing the Terminal Construction contract was recently
raised to facilitate participation of minority, small and other local contractors. A memo
dated July 11, 2000 was presented to Council to address some of the factors that
influenced the decision to not further divide the construction contract. A presentation by
Staff is scheduled prior agenda to this agenda item. The public will have the opportunity
to address the Council.
PRIOR COUNCIL ACTION: The Council has had extensive involvement in this important
project. The most significant actions are attached. See Exhibit B.
II EXHIBIT A II
Page 1 of 3
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H:IHOMElKEVINSIGENIAIRINEWTERMlconsturctionawd.bkg.doc
292
FUTURE COUNCIL ACTION: Council will be requested to act on the following items:
. Award of a contract for engineering inspection, laboratory and materials testing
services; and
. Amendment of architectural contract for additional construction phase services.
BID FORMAT: The project was bid for award as single construction contract. The contract
was bid as a base bid and six (6) additive altemates. The method of award specified the
award would the base bid and as many additive altemates ~s permitted by funding. The
additive altemates and order of award are:
1. Full Height Glass at Concourse Level 2;
2. Curved Metal Ceiling at Concourse Level 2;
3. Extension of Curbside Canopy to Commercial Curbside (extension across traffic
lanes @ main entrance);
4. Extension of Curbside Canopy (extra width toward parking);
5. A. Additional Curbside Canopy Bay (additional bay @ east end); and
5. B. Additional Curbside Canopy Bay (additional bay @ west end).
BID RESULTS: Bids were opened Friday, August 11, 2000. Bids were received from nine
(9) bidders. The project was bid as a base bid with six additive altemates. The architect's
construction estimate was $19,530,000.
The base bids ranged from $15,975,000 to $18,449,000. Bids with additive altemates
ranged between $16,472,000 and $19,027,000. See Bid Tab - Exhibit E. The apparent
low bid was submitted by Fulton/Coastcon, Joint Venture of Corpus Christi.
Fulton/Coastcon was also the low bidder for the base bid and all additive alternates
($16,472,000).
TESTING AND LABORATORY SERVICES: Laboratory services, materials testing and
inspection services will be provided by Professional Services, Inc. (PSI). These services
are required to ensure the materials and construction conforms to the plans and
specifications. PSI is a national engineering laboratory, materials testing and inspection
firm with a long established Corpus Christi office. The local PSI office will perform the
laboratory and materials testing services for the project. They are highly experienced with
Corpus Christi International Airport and have performed most ofthe materials testing and
laboratory services for CCIA projects. They also completed the gee-technical investigation
used in the design of the Terminal Building.
ARCHITECTURAL SERVICES: Construction phase services as originally negotiated
provided for construction duration of eighteen (18) months. The proposed amendment
provides for construction phase services (if needed) for twenty-four (24) months.
IMPLEMENTATION SCHEDULE: The contract provides 730 calendar days to complete
EXHIBIT A
Page 2 of 3
H:IHOMEIKEVINSIGENIAIRINEWfERMlconslurctionawd.bkg.doc
293
the project after notice to proceed. The current award schedule is structured to have the
project completed prior to the peak holiday travel season of 2002. It is anticipated the
project will completed no later than the fall of 2002.
~
RECOMMENDATION: Approval of the motions as presented.
-,
-,
EXHIBIT A
Page 3 of 3
H:IHOMEIKEVINSIGENIAIRINEWTERMlconsturctionawd.bkg.doc
294
PRIOR COUNCIL ACTIONS
-
1. AWJust 25. 1998 - Resolution approving the financial feasibility plan to fund the
five-year capital improvement program for CCIA including the terminal
reconstruction program. (Res. 023426)
2. March 30. 1999 - Approval of recommended Terminal Reconstruction and
Landside Development concept at CCIA. (M99-089)
3. April 20. 1999 - Motion to authorize City Manage~ to execute a contract for
architectural/engineering services with M. Arthur Gensler Jr. and Associates in
the amount of $2,225,000 for the CCIA Terminal Building. (M99-105)
4. July 20 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide
which included Airport Project No.1, Terminal Building Reconstruction, Airport
Project No.2, Terminal Apron Construction and Airport Wastewater Lift Station
Relocation. (Ord. No. 023703).
5. December 21. 1999 - Approval of the Terminal Design Concept as presented by
the Gensler Team.
6. January 25. 2000 - Motion to authorize City Manager to execute Amendment No.
1 to the architectural/engineering services contract with M. Arthur Gensler, Jr.
and Associates, Inc. in the amount of $72,095 related to the airport automated
access control system (AACS) and closed-circuit television (CCTV) system for
the Terminal Reconstruction project. (M2000-027)
7. February 23. 2000 - Motion to authorize City Manager to execute a construction
contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for
temporary facilities for the Terminal Reconstruction Program. (M2000-66)
8. May 23. 2000 - Motion to authorize City Manager or his designee to execute
Amendment No. 2 to the architectural/engineering contract with M. Arthur
Gensler and Associates, Inc. in the amount of $180,700 related to terminal apron
construction, terminal reconstruction and lift station relocation projects at Corpus
Christi International Airport.
295
II EXHIBIT B ~
Page 1 or 1
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PROJECT LOCATION
1000 INmmATlONAL DRIVC
CORPUS CHRISTI, 7E'XAS
LOCA TION MAP
NOT TO SCALE
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TERMINAL
PARKING
LANDING
APRON
San Patricia County
CORPUS
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TERMINAL BUILDING
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PROJECT LOCATION
CITY PROJECT No. 1071
EXHIBIT "C"
CORPUS CHRISTI INTERNATIONAL AIRPORT
TERMINAL CONSTRUCTION PROGRAM 2000
FM AlP 3-48-0051-28-00
CfTY OF CORPUS CHRISTI, TEXAS
L~u
CITY COUNCIL EXHIBIT
DEPAJmIENT OF ENGINEERING SERVICES
~;~
--
- -
- -
- -
PAGE: 1 of 1
DATE: 08 16-2000
,-
COST OF PROPOSED PROJECT AND SOURCES OF FUNDS
TERMINAL CONSTRUCTION PROGRAM
CORPUS CHRISTI INTERNATIONAL AIRPORT
Augnst 2000
Project No. 1071
FUNDS AVAIlABLE (1):
FAA AIP Grant 28 .........................................................................................................
Revenue Bond 2000 .......................................................................................................
Passenger Facility Charges ............................................................................................
Airport CIP Funds ..........................................................................................................
Airport Capital Reserves (ineligibles) ...........................................................................
TOTAL..........................................................................................................................
-
FUNDS REQUIRED (3):
Total Construction Cost .................................................................................................
Contingency (10% of Construction) ..............................................................................
ArchitecturalJEngineering Design (Gensler) (3) ...........................................................
Construction Inspection......... ........ ...... ................ ......................................... .......... .......
Testing (QA) ..................................................................................................................
Engineering Liaison and In-house Services (4).............................................................
Finance Reimbursements (4) .........................................................................................
Printing, Advertising, FedEx, etc...................................................................................
TOTAL..........................................................................................................................
DIFFERENCE
Preliminary
Bndlret (2)
3,215,524
11,033,000
4,171,311
500,000
140,000
$19,059,835
16,472,000
1,647,000
353,350
180,000
239,485
75,000
65,000
28,000
$19,059,835
$0
(I) Project funded through Revenue Bond 2000, Airport CIP Funds, FAA AIP grants and Passenger
Facility Charges.
(2) Preliminary budget based on engineering estimate.
(3) Architectural-Engineering (Gensler) contract previously encumbered & includes multiple projects in
addition to Terminal. Amount shown is for current amendment. Project Management (DMJM
Aviation) contracts previously executed and encumbered within overall Terminal Reconstruction
Project.
(4) Ineligible for PFC Funding.
~
H:\HOME\KEVINS\GEN\AIR\NEWTERM\constnlctionbudget.doc 297
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ORDINANCE
APPROPRIATING $2,299,303 IN PASSENGER FACILITY CHARGES IN
THE NO. 4620 PASSENGER FACILITY CHARGES FUND FOR THE
CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL BUILDING;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. That $2,299,303 in passenger facility charges is appropriated in the No. 4620
Passenger Facility Charges Fund for the Corpus Christi International Airport terminal building.
SECTION 2. That upon written request of the Mayor or five Council members,- copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED ~ t- 17.2000; JAMES R. BRAY, JR., CITY ATTORNEY
By:
~-ARt. E
Lisa Aguila , :A.ssistant City Attorney
--
H: lEG-OIR VERONICA LlSA,ORD2'ORD2.196
301
31-
AGENDA MEMORANDUM
August 16, 2000
AGENDA ITEM:
An ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus
Christi, Texas for tax year 2000 and for each succeeding year thereafter until otherwise provided
and ordained and such other years as the same may be applicable.
Issue:
The Texas Property Tax Code states that the ~oveming body of the taxing unit should adopt a tax
rate before the later of September 30 or the 60 day after the taxing unit receives the appraisal roll.
The rate will be comprised of two components: the rate needed to support the city's debt service and
the rate needed to support the city's maintenance and operation expenditures for FY 2000-2001.
Prior Council Action:
. Tuesday, July 25, 2000 - City Council adopted the City budget for FY 2000-2001 based on the
proposed tax rate of $.623726 per $100 valuation. .
Future Council Action:
. Tuesday, August 29, 2000 - Council approval of the 2000 tax levy.
Required Council Action:
. Adoption of ad valorem tax rate by ordinance.
Recommendation:
Staff recommends that the City Council adopt an ad valorem tax rate of $.623726 per $100 valuation
for tax year 2000 to support maintenance and operation and debt service.
~d_~1u~edo
~inancial Services
Additional Support Material:
Exhibit A Background Information
Agendaltax
303
BACKGROUND INFORMATION
The Texas Property Tax Code states that the governing body of the taxing unit should adopt a tax
rate by September 3D, or the 60th day after the taxing unit receives the appraisal roll, which ever is
later. The rate will be comprised of two components: the rate needed to support the City's debt
service and the rate needed to support the City's maintenance and operation expenditures for
FY2000-2001. The proposed tax rate on $100 valuation for the City of Corpus Christi for tax year
2000 is as follows:
$.4631326 for purpose of maintenance and operation
$.1605934 for payment of principal and interest on debt
$ 6237260 Total Tax Rate
The Code also requires a taxing unit to compute and publish an effective tax rate, which was done
on Sunday, August 6,2000 in the Corpus Christi Caller-Times. The effective tax rate is generally
equal to the prior year's tax revenues divided by the current year's taxable values of properties that
were on the tax roll in both years. The effective tax rate excludes taxes on properties no longer in
the taxing unit and also excludes the current taxable value of new properties. For tax year 2000, the
effective tax rate is $0.615790/$100 valuation. Our proposed tax rate of $0.623726/$100 valuation
does not exceed 103% of the effective tax rate therefore we are not required to hold a publiC
hearing. Though the proposed tax rate did not change from 1999, we effectively increased it by
$0.007936/$100 valuation, translating into a $727,645 increase in tax revenues from 1999.
The City's 2000 net taxable value is $7,652,057,403, which is $189,472,199 above last year's 1999
certified value of $7,462,585,204. This value produces an ad valorem tax levy of $47,727,871,
which is $1,181,787 greater than last year, and only $5,138 less than the amount budgeted for
FY2000-2001.
Agenda/laX
304
AN ORDINANCE
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND
COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX
YEAR 2000 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL
OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS
AS THE SAME MAY BE APPLICABLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the
lax rate on $100 valuation for this city for tax year 2000 as follows:
$.4631326 for purpoSt: of maintenance and operation
$.1605934 for payment of principal and interest on debt
$.6237260 Total Tax Rate
SECTION 2. That there is hereby levied, to be assessed and collected in current money of
the United States of America, for the use ofthc City of Corpus Christi, Texas, for the year 2000, and
for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax
of$.4631326 on each One Hundred Dollar value thereof, on all property, real, personal and mixed,
located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law,
and upon all franchises of all individuals, partners and corporations holding franchises in the City
for defrayment of current expenses of the government, including but not limited to street
improvement of said City. Said tax shall be assessed upon 100 percent of the market value of
property subject thereto.
SECTION 3. That there is hereby levied, to be assessed and collected in current money of
the United States of America, for the use of the City of Corpus Christi, Texas, for the year 2000 and
for each succeeding year thereafter. until otherwise provided and ordained, an annual ad valorem tax
of $.1605934 on each One Hundred Dollars value on all property, real, personal, and mixed, and
franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market
value of property subject thereto, said ta'Ces to be appropriated for the purpose of creating a sinking
fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not
otherwise provided for, and including the interest. agent fees, and maturities of the following City
of Corpus Christi bonds:
H:\LEG.DIRVIMMYlWPDOCS\FINANCE\OJRB 1000.50 l(dkw) 305
I
-',
GENERAL OBLIGATION BONDS AND INTEREST
MATURING AUGUST 1,2000 - JULY 31, 2001
Principal Interest & Fees Total
1987 General Obligation $ 3,461,098 $ 6,028,902 $ 9,490,000
1989 Certificates of Obligation 80,000 5,600 85,600
1990 General Obligation 180.000 12,600 192,600
1990A Certificates of Obligation 150.000 9,900 159,900
1990A General Obligation 550.000 45,375 595,375
1992 General Obligation 0 657,738 657,738
I 1992 Certificates of Obligation 125,000 I 96,815 221.815
19Y2A Cenificates of Obligation 20.000 I 2.815 22,815
1993 General Obligation 1.350.000 815.597 2.165.597
1993 Cenificates of Obligation 80.000 42,350 122.350
1994A Certificates of Obligatio;; 100.000 161.450 261,450
19948 Certificates of Obligation 150,000 87,725 237,725
1995 General Obligation 320.000 1.570.725 1,890,725
1995 Ceniiicates of Obligation 475.000 503,000 978,000
1995A General Obligation 10.000 44.770 54.770
19958 General Obligation 350.000 435.933 785,933
1996 Ceniiicates of Obligation 150.000 198,312 348,312
1998 Ceniiicates of Obligation 600.000 445.900 1,045,900
~ 8 I" 1 0<18 ~ II 165 507 < 19 , 16605
In addition to the ad valorem tax levy totaling $47,727,872, the balance of this debt, if any,
incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes.
SECTION 4. That all taxes for the year 2000 hereby levied shall be due on receipt
of the tax bill and shall be delinquent if not paid before February 1, 2001, except as otherwise
provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent
taxes as provided by Chapter 33 of said Property Ta.\: Code. No discount shall be allowed for early
payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall
govern all matters related to the ta'l:es levied herein. and the Citv shall have all authority thereunder.
SECTION 5. If for any reason any section. paragraph. subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section. paragraph, subdivision, clause.
H:\LEG-DI RIJ I MMY\ WPDOCS\FfNANCE\OJRB I 000.50 I I ukw 1306
2
phrase. word or provision of this ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED Il'ff d- / S-fJ.
,2000, JAMES R. BRA Y, JR.. CITY A TTOR1"1EY
By:
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AGENDA MEMORANDUM
Date: August 15, 2000
Agenda Item: A Resolution by the City of Corpus Christi, Texas directing publication of Notice of
Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2000, and
resolving other matters relating to the subject.
Issue: The City Council is being requested to authorize the Sale of Combination Tax and Revenue
Certificates of Obligation for the purchase of the proposed landfill, construction cost of the existing
landfill's final cover, and various street improvements. A breakdown of the costs are as follows:
.
Proposed New Landfill Purchase Option and Closing cost
J.E. Elliott Landfill Final Cover
Repayment of Advanced Funding
Alameda Pavement Rehabilitation
Santa Fe Pavement Overlay
Weber Road
Cornett Drive
Kostoryz Road Improvements
Leopard Phases 1 & 2
Leopard Phase 3
McArdle Road Improvements Phase 2
Spur 3, Phase 2, and Nile Drive Improvements
Issuance Costs
$ 5,300,000
3,500,000
2,190,000
1,700,000
910,000
350000
$ 13.950.000
In order to proceed with the certificates sale to acquire land for the landfill and make various street
improvements, the City must publish Notice of Intention to Issue the Combination Tax and Revenue
Certificates of Obligation.
.
.
.
.
.
TOTAL
Required Council Action: Approval of the Resolution directing the publication of Notice of
Intention to Issue Combination Tax and Revenue Certificates of Obligation.
Future Council Action: Present to City Council an Ordinance approving the sale of Certificates of
Obligation on September 12, 2000.
Recommendation: Staff recommends that the City Council approve the Resolution directing
publication of Notice Of Intention to Issue Combination Tax and Revenue Certificates of Obligations.
~~~
G. Cruz-Aedo
If tor of Finance
Attachments: Background Information
Resolution
309
BACKGROUND INFORMATION
The City must purchase land for a new landfill and must meet the first phase of closure requirements
of the existing landfill. The Combination Tax and Revenue Certificates of Obligation provide funding
to accomplish these projects. The City must also complete certain street improvements to close the
1986 Bond Program. This issue will also allow the City to complete this bond program.
The Combination Tax and Revenue Certificates of Obligation provide the most efficient funding to
meet these requirements. The Combination Tax and Revenue Certificates of Obligation are pledges
for both solid waste revenue and property tax which allow the Certificates of Obligation to be sold
for cash and provide optimal interest rate benefits to the City.
Mayor Neal and Councilmember John Longoria, along with City Staff, presented the Certificates of
Obligation program to the rating agencies on August 10-11, 2000 in Dallas, Texas. Ratings are
anticipated on September 1, 2000. The services ofM. E. Allison & Co. as financial advisors, and
McCall, Parkhurst & Horton as bond counsel, were previously approved by the City Council.
Your approval is recommended by Staff.
311
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2000; AND RESOLVING OTHER MA TIERS RELATING TO THE
SUBJECT
WHEREAS, the City of Corpus Christi expects to pay expenditures in connection with the
design, planning, acquisition and construction of the projects described in Exhibit A to this
Resolution prior to the issuance of the Certificates of Obligation hereinafter described; and
WHEREAS. the City Council hereby finds, considers and declares that the reimbursement
of the payment by the City of such expenditures ""ill be appropriate and consistent with the lawful
objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions
of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itseIffor such payments at such
time as it issues the hereinafter described Certificates of Obiigation; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was considered was open to the public. and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 55 I, Texas Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION I. That attached hereto and marked "Exhibit A" is a form of notice, the form and
substance of which are hereby passed and approved.
SECTION 2. That the City Manager shall cause said notice to be published, in substantially
the form attached hereto, in the Corpus Christi Caller-Times. a newspaper of general circulation in
the City of Corpus Christi, Texas, for two consecutive weeks, the date of the first publication to be
before the fourteenth day before the day tentatively proposed for authorizing the issuance of the
Certificates of Obligation as shown in said notice.
SECTION 3. That the City Manager is hereby authorized to retain the services ofM. E.
Allison & Co., Inc. as financial Advisor. and McCall, Parkhurst & Horton L.L.P. as Bond Counsel,
in connection with the issuance and sale of the proposed Certificates of Obligation.
SECTION 4. That the facilities and improvements to be financed \vith proceeds from the
proposed Certificates of Obligation are to be used for the purposes described in the attached Notice
of Intention.
OJRBQ;00.067
312
SECTION 5. That all costs to be reimbursed pursuant to this Resolution will be capital
expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later
of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which
such expenditures were made. is placed in service; and the foregoing notwithstanding, the
Certificates of Obligation will not be issued pursuant to this Resolution on a date that is more than
three years after the date any expenditure which is to be reimbursed is paid.
SECTION 6. That all resolutions or parts thereof in conflict herewith are hereby repealed.
ATTEST:
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED THIS THE /'(..fI..DA Y OF IIi Vf> f , 2000:
James R. Bray, Jr., City Attorney
OJRBOSOO.067
2
313
EXHIBIT A
--,
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of
Corpus Christi, Texas, to issue one or more series of the interest bearing certificates of obligation
of the City to be entitled "City of Corpus Christi, Texas Combination Tax and Revenue Certificates
of Obligation", for the purpose of paying contractual obligations to be incurred by the City, to-wit,
the acquisition of land and the construction of improvements to the City's solid waste facilities, the
construction of street and related drainage improvements, and the payment of fiscal, engineering and
legai fees incurred in connection therewith. The City Council tentatively proposes to authorize the
issuance of said series (one or more) of Certificates of Obligation at its regular meeting place in the
City Hall at a meeting to commence at 2 o'clock, p.m., on the 12th day of September, 2000. The
maximum amount of Certificates of Obligation indebtedness that may be authorized to he sold on
said date for such purposes described above is $15,000,000. The City Council presently proposes
to provide for payment of said series (one or more) of Certificates of Obligation from the levy of
taxes and from surplus revenues derived from the operation of the City's solid waste system.
CITY OF CORPUS CHRISTI. TEXAS
'-,
Samuel L. Neal, Jr., Mayor
-,
OJRB0500067
4
314
33
AGENDA MEMORANDUM
August 7, 2000
SUBJECT: J. C. Elliott Landfill - Final Cover System Installation - Project No. 5045
AGENDA ITEM:
a. Motion authorizing the City Manager, or his designee, to execute a construction
contract in the amount of $1,441,112.60 with Falcon Environmental Specialities
Intemational, Inc. of Baton Rouge, Louisiana for the J. C. Elliott Landfill - Final
Cover System Installation project.
b. Motion authorizing the City Manager, or his designee, to execute a contract for
quality control testing and preparation of the Final Cover System Evaluation Report
(FCSER) in the amount of $101,060.00 with Trinity Engineering Testing
Corporation of Corpus Christi, Texas for the J. C. Elliott Landfill - Final Cover
System Installation project.
ISSUE: Sectors 1, 2, 3 and 4 of the J.C. Elliott Landfill must have a final cover system in
accordance with the Landfill's Final Closure Plan and with all TNRCC regulations. The
TNRCC requires quality control testing and a Final Cover System Evaluation Report to be
prepared by qualified engineering testing laboratory.
FUNDING: Funding is available from Landfill Capital Project Funds.
RECOMMENDATION: Staff recommends approval of the motion as presented.
j 8'I,(,lu<JJ
awrence Mikolacz Date
Director - Solid Waste Services
~
el R. Escobar, P.E.
Director - Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Project Site Map
Exhibit C - Preliminary Budget
Exhibit D - Bid Tabulation
H:\HOME\KEVINS\GEN\LANDFILL\COVERIAWD1-4.M
315
BACKGROUND INFORMATION
.-,
BACKGROUND: The J. C. Elliott landfill consists of a series of disposal areas (cells) that are
developed as needed. landfills have evolved from simple disposal sites with limited improvement
into engineered systems providing a high level of environmental protection. Each disposal area
within the J. C. Elliott landfill consists of a disposal cell/sector with liners, monitoring
requirements, leachate collection systems, and gas collection systems.
Closure of a disposal area requires the installation of a final cover system that is engineered to
comply with TNRCC regulations. The final cover system provides a cap designed to prevent
erosion, provide vegetative cover, prevent gas releases and prevent infiltration of rainfall into the
landfill.
PRIOR COUNCIL ACTION:
Auaust 26.1997 - Authorization of an engineering contract in amount of $219,770 with Shiner
Moseley Associates for a final cover system (M97 -241).
PRIOR ADMINISTRATIVE ACTION:
Auaust 12. 1996 - Approval of geotechnical services to support of final cover plan permit
application in the amount of $13,905 with Trinity Engineering Testing Services.
October 7. 1997 - Approval of geotechnical services for final cover design in the amount of $9,640
with Trinity Engineering Testing Services.
December 11. 1997 - Approval of Amendment No.1 in the amount of $12,500 with Shiner
Moseley Associates to provide a citizens drop-off collection area in coordination with final closure.
Seotember 24. 1998 - Approval of Amendment No. 1 of geotechnical services for final cover
design in the amount of $2,820 with Trinity Engineering Testing Services.
Aoril 7. 2000 - Approval of engineering testing contract for development of the Final Cover Quality
Control Plan in the amount of $2,660 with Trinity Engineering Testing Services.
FUTURE COUNCIL ACTIONS:
Award of additional engineering, quality control/testing, and construction contracts for final closure
of additional disposal cells.
PROJECT DESCRIPTION: The final cover system consists of a multiple liner system. The
system will include:
1. Intermediate Cover/Subgrade;
2. Infiltration layer - Geosynthethetic Clay Liner (GCl);
3. Flexible Membrane Lining (FMl);
4. Drainage layer - Decomposite; and
5. Protective Cover.
I Exhibit "A" I
Page 1 of 2
316
~-
BID INFORMATION: A total of 8 proposals were received on July 19, 2000, with bids ranging
from $1,441,112.60 to $2,117,239.42 (see Exhibit 0 - Bid Tabulation). The qualified low bidder
was Environmental Specialities International, Inc. of Baton Rouge, Louisiana. The engineer's
estimate was $1,975,400.
CONTRACT TERMS: The contract specifies that the project will be completed within 120 calendar
days after notice to proceed.
BID RECOMMENDATION: Environmental Specialities International is an established company
whose principals and employees are experienced with projects of this nature, having successfully
completed similar projects. After reviewing the company's capabilities, the City's consultant
Shiner, Moseley & Associates, Inc., and City staff recommend that Environmental Specialities
International be awarded the construction contract in the amount of $1 ,441,112.60.
(
317
I Exhibit "AU I
Page 2 of2
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LOCATION MAP
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SECTOR AREA W.lITS
SECTOR NUMBER
PERIMrn:R SITE
ACCESS ROAD
SITE LOCATION
N.T.S.
EXHIBIT "B"
J.C. ELLIOTT LANDFILL
FINAL COVER
Sectors 1, 2, 3 & 4
CITY OF CORPUS CHRISTI. TEXAS
CITY COUNCIL EXHIBIT :;
DEPARTMENT OF ENGINEERING SERVICES .
PAGE: 1 of 1 r
DATE: 8-10-2000 ~
318
---
PRELIMINARY BUDGET
J. C. ELLIOTT LANDFILL - FINAL COVER SYSTEM INSTALLATION
Project No. 5045
CORPUS CHRISTI, TEXAS
FUNDS AVAILABLE:
PRELIMINARY
BUDGET
ACTUAL
BUDGET
Public Health & Safety Capital Projects Fund (Fund No. 3357)
1,994,455
Total
1,994,455
FUNDS REQUIRED'
Construction 1,441,112.60
Construction Contingencies (10%) 144,111.40
Design Consultant (Shiner Moseley) 232,270.00
Testing (Quality Control & FCSER) 101,060.00
Geotechnical for Closure Plan 13,905.00
Geotechnical Design 12,460.00
Final Cover Quality Control Plan 2,660.00
Engineering Reimbursements (1.4%) 20,176.00
Survey Reimbursements 16,000.00
Construction Inspection (by testing contract) N/A
Admin. Reimbursements 7,200.00
Miscellaneous Expenses (Printing, Advertising, Express, etc.) 3,500.00
Total 1,994,455.00
i
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Exhibit C
Page 1 of 1
319
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AGENDA MEMORANDUM
Date: August 16, 2000
SUBJECT:
Corpus Christi Air Quality Research Projects
Environmental Programs
AGENDA ITEM:
a. Motion authorizing the City Manager or his designee to execute Amendment Number 2 to
Grant Contract No. 582-0-31274 with the Texas Natural Resource Conservation
Commission, which funds air quality planning and research for $465,075.
b. Ordinance appropriating $465,075 from Texas Natural Resource Conservation Commission
in the NO.1 050 Federal/State Grants Fund for air quality research and planning; and
declaring an emergency.
c. Resolution authorizing the City Manager or his designee to execute amendment 1 to the
Interlocal Cooperation Contract with Texas A&M University-Kingsville in the amount of
$316,500 for air quality research and planning program, which includes air quality monitoring
and modeling projects, and development of an emissions inventory for the Nueces and San
Patricio County area.
d. Resolution authorizing the City Manager or his designee to execute amendment 1 to the
Interlocal Cooperation Contract with Texas A&M University-Corpus Christi in the amount of
$110,000 for pOllution prevention partnership and educational outreach program, which
includes small business assistance and pUblic education on pollution prevention and air
quality in Nueces and San Patricio Counties.
ISSUE: The City of Corpus Christi has been offered an additional $465,075 grant from the Texas
Natural Resource Conservation Commission (TNRCC) for the purpose of conducting air quality
research, planning, and educational outreach in Nueces and San Patricio Counties for FY
2000/2001. Texas A&M University-Kingsville (TAMU-K) and Texas A&M University-Corpus Christi
(T AMU-CC) are seeking subcontracts to perform certain specified portions of the project work. This
grant will supplement a $30,000 grant that was provided in March 2000 for work plan development.
FUNDING: The TNRCC provided the City of Corpus Christi with an additional grant in the amount
of $465,075 to fund air quality research and small business assistance projects in Nueces and San
Patricio Counties. The total grant funding for this year will be $495,075.
RECOMMENDATION: Staff recommends approval of the motions and ordinance as presented.
";> _ _.n .....~....... ""' ~ - ..~
-- ,,~- .--
tc"'C. Kim McGuire
Director, Office of Environment Programs
Attachments:
1. Summary of TNRCC Contract Amendment 1
2. Summary of T AMU-K Contract Amendment 1
3. Summary of TAMU-CC Contract Amendment 1
4. Summary of prior Council Action
325
BACKGROUND INFORMATION
-,
Subject: Corpus Christi Ozone Near Non-Attainment Area Research Study
Project Description: The TNRCC is providing grant funding to Texas cities nearing non-
attainment of the National Ambient Air Quality Standards (NAAQS). The City is acting as the
prime contractor with TNRCC and subcontracting the research portion of the work to Texas
A&M University-Kingsville (TAMU-K).
T AMU-K is contracting with the City of Corpus Christi for the air quality research work, which is
a continuing activity. The research includes monitoring for ozone, ozone precursors and
particulate matter; conducting an emissions inventory of ozone precursors; and modeling of
ozone formation in the region.
Texas A&M University-Corpus Christi (TAMU-CC) is seeking a contract with the City for
continuation of a program in pollution prevention for small business and public education for air
quality in Nueces and San Patricio Counties. This contract will also be funded through the
TNRCC grant funding, and is a continuation of currently ongoing projects.
The TNRCC is funding these programs in Corpus Christi and other Texas cities close to
exceeding the ozone standard with Appropriation Rider 13 to the FY 2000/2001 TNRCC
Budget. A grant of $30,000 was made available in March to Corpus Christi to develop work
plans and detailed budgets defining the project work.
The region is very close to violating the National Ambient Air Quality Standard (NAAQS) for
ozone and must comply with new standards for fine particulates. The research work currently
underway and funded through these contracts will identify emissions sources and the
atmospheric chemistry leading to ozone formation in the area. Modeling will be used to identify
reduction strategies appropriate for the area based on good science. The program began in
FlY 1996-1997 under a similar Appropriations Rider (Rider 26) and execution of a Flexible
Attainment Region Agreement between the U.S. Environmental Protection Agency (EPA),
TNRCC, and the City. The program continued through 1998/1999 with Appropriations Rider 17
funding. The funding for FY 2000/2001 is from TNRCC's Appropriations Rider 13.
Should the area be designated as non-attainment, the sanctions imposed by EPA will be very
detrimental to future area economic development. It would also result in loss of federal highway
funds until EPA approves prescribed planning for regaining attainment status.
Prior Council Action:
Similar project funding grants from TNRCC have been used in prior years to carry out the
necessary research and outreach activities, which have been instrumental in maintaining our
attainment status to date. Previous Council Action is summarized in Attachment 4. Council
authorized execution ofTNRCC Contract No. 582-0-31274 for $30,000 to develop the work
plans detailing the project work to be conducted with the subject funds. The work plans have
been accepted by the TNRCC.
Future Council Action: Approval of contracts for $15,000 or more for additional FY2000-2001
Appropriations Rider Funds, which may become be available early in 2001 based on the State
Comptroller's audit of the No. 151 Clean Air Fund.
326
SUMMARY
GRANT CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Contract Provision - Amendment No.2 to TNRCC Contract No. 582-0-31274 provides
$465,075 in grant funding for air quality research and planning in the Corpus Christi area.
The initial contract provided funding for development of work plans and project specific
budgets for TNRCC approval, which has been obtained. This contract amendment will fund
actual project activities.
Responsibilities of Contractor -
Perform the following project activities:
. Conduct monitoring of current air pollution levels.
. Conduct emissions inventory.
. Conduct air quality analysis and modeling of atmospheric ozone formation.
. Analyze emission reduction strategies and cost/benefit analysis.
. Provide small business support.
. Administer and manage the project work subcontracted.
. Provide reports as required by the TNRCC.
Payment - Payments shall not exceed a total of $495,075 for the amended contract.
Term - The contract terminates on August 31, 2001 unless the Texas Legislature provides
TNRCC the authority to carry forward money into the FY 2002-2003 biennium.
I ATTACHMENT #1 I
327
SUMMARY -,
INTERLOCAL COOPERATION AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY - KINGSVILLE
FOR AIR QUALITY RESEARCH AND PLANNING PROGRAM
(CORPUS CHRISTI OZONE NEAR NON-ATTAINMENT AREA RESEARCH STUDY)
Subcontract Provision - Texas A&M University-Kingsville (TAMU-K) will conduct of air
quality monitoring, complete development of an emissions inventory, perform photochemical
modeling of ozone formation, and produce an analysis of the results in Nueces and San
Patricio Counties.
Responsibilities of Subcontractor - TAMU-K, as subcontractor, will provide the City of
Corpus Christi with the following deliverables:
. Monthly report status for each project outlined in the work plan;
. Final report on ambient air monitoring due August 31, 2001;
. Final report on air quality data analysis due August 31, 2001;
. Interim emissions inventory report due February 28, 2001 and final report due August
31, 2001; and
. Modeling planning report due December 31, 2000, base case report, future case report
(to be determined following the 2000 ozone season), and final report due August 31,
2001.
Payment - Payment to TAMUK will be monthly on a cost reimbursement basis. TAMUK
will document costs as required by TNRCC.
Term - The contract terminates on August 31, 2001 unless the Texas Legislature provides
TNRCC the authority to carry forward money into the FY 2002-2003 biennium.
I ATTACHMENT #2 I
328
SUMMARY
INTERLOCAL COOPERATION AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY - CORPUS CHRISTI
FOR POLLUTION PREVENTION PARTNERSHIP
AND EDUCATIONAL OUTRREACH PROGRAM
(CORPUS CHRISTI OZONE NEAR NON-ATTAINMEN.T AREA SMALL BUSINESS
ASSISTANCE AND PUBLIC EDUCATION
ON POLLUTION PREVENTION AND AIR QUALITY)
Subcontract Provision - Texas A&M-Corpus Christi (TAMU-CC) will receive increased
funding to expand the small business assistance program begun under the original
Interlocal Agreement executed in 1998. Print shops, wood refinishers and auto body shops
received pollution prevention assistance under the original agreement. This amendment will
allow expansion of those efforts to the paint and coatings industry. It will also provide for
follow-up assistance for the industries currently participating in the program.
Pre and post surveys will be implemented for those businesses participating to quantify
emissions reductions, which have been realized as a result of the program. These surveys
will be coordinated with other emissions inventory work on-going as part of the Rider 13
project work.
Responsibilities of Subcontractor - TAMU-CC will extend the small business outreach to
other types of small businesses in addition to those that received pollution prevention
guidance under the current subcontract. This represents a continuation of currently on-
going projects. Pre and post program surveys will be implemented to establish a
measurable emission rate prior to voluntary efforts being established, and after to produce
definable, measurable emission reductions through voluntary efforts recommended in the
program.
Payment - Payment to TAMU-CC will be on a cost-reimbursement basis.
Term - The contract terminates on August 31, 2001 unless the Texas Legislature provides
TNRCC the authority to carry forward money into the FY 2002-2003 biennium.
I ATTACHMENT #3 I
329
SUMMARY
PRIOR COUNCIL ACTION
1. February 10. 1998 - Ord. No. 023208 authorizing the City Manager, or his designee, to
execute a Rider 171nterlocal Contract with. the TNRCC in the amount of $283,750 for
Air Quality Planning Activities in Nueces and San Patricio Counties.
2. April 28. 1998 - Ord. No. 023298 appropriating $283,750 in the No. 1050 Federal/State
Grants Fund for Air Quality Planning activities in Nueces and San Patricio Counties.
3. April 28. 1998 - Ord. No. 023299 authorizing the City Manager, or his designee, to
execute an Interlocal Agreement with TAMU-CC in the amount of $70,000 for air quality
planning activities in Nueces and San Patricio Counties.
4. Mav 11 1999 - Ord. No. 023634 appropriating $167,000 in supplemental funding from
TNRCC to continue research and outreach activities through Texas A&M University
Kingsville and Corpus Christi to address issues related to attainment with the federal
ozone and particulate standards.
5. March 28 2000 - Ord. No. 023989 appropriating $30,000 of Appropriation Rider 13
grant funds from the TNRCC for work plan devBlopment of air quality research and
planning projects and motions authorizing the City Manager or his designee to execute
contracts with Texas A&M University at Corpus Christi and Kingsville to produce those
work plans.
I ATTACHMENT #4 I
330
ORDINANCE
APPROPRIATING $465,075 FROM TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION IN THE NO. 1050 FEDERAUSTATE
GRANTS FUND FOR AIR QUALITY PLANNING AND RESEARCH; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $465,075 from the Texas Natural Resource Conservation
Commission is appropriated in the No. 1050 Federal/State Grants Fund for air quality
planning and research.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
APPROVED: This It+dayof I/':J~ r ,2000:
James R. Bray, City Attorney
By:
R03829E1.doc
331
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AMENDMENT 1 TO THE INTERLOCAL COOPERATION
CONTRACT WITH TEXAS A&M UNIVERSITY-KINGSVILLE IN THE
AMOUNT OF $316,500 FOR AIR QUALITY RESEARCH AND
PLANNING PROGRAM
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
-.
SECTION 1. The City Manager or his designee is authorized to execute amendment 1
to the Interlocal Cooperation Contract with Texas A&M University-Kingsville, dated
March 31, 2000, in the amount of $316,500 for air quality research and planning
program, which includes air quality monitoring and modeling projects, and development
of an emissions inventory for the Nueces and San Patricio County area.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ~ day of 4.7~ r
James R. Bray Jr.
City Attorney
By: R~ni~7
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
,2000.
R03829G1.doc
332
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AMENDMENT 1 TO THE INTER LOCAL COOPERATION CONTRACT WITH
TEXAS A&M UNIVERSITY-CORPUS CHRISTI IN THE AMOUNT OF $110,000
FOR POLLUTION PREVENTION PARTNERSHIP AND EDUCATIONAL
OUTREACH PROGRAM
NOW, THEREFORE, BE IT RESOLVED BY THE CITY GOUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute amendment 1
to the Interlocal Cooperation Contract with Texas A&M University-Corpus Christi, dated
March 31, 2000, in the amount of $110,000 for pollution prevention partnership and
educational outreach program, which includes small business assistance and public
education on pollution prevention and air quality in Nueces and San Patricio Counties.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ~ day of ~ lJ:'('"
James R. Bray Jr.
City Attorney
Samuel L. Neal, Jr.
Mayor
,2000.
By:
R03829F1.doc
333
35'
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 22, 2000
AGENDA ITEM:
1. Motion authorizing the City Manager or his designee to purchase property located
at 2031 Agnes St. for the Corpus Christi Art Foundation, IncJdba South Texas
Institute for the Arts to add a multi use recreational area. The amount allocated
for this purpose is $15,000.
2. Ordinance authorizing the City Manager or his designee to execute the "First
Amendment to lease agreement" with the Corpus Christi Art Foundation, IncJdba
South Texas Institute for the Arts for the lease of two properties from the City for
consideration of one dollar per year for the purpose of developing a youth activities
park and to provide bus access to the Antonio E. Garcia Education Center, and
providing for the automatic renewal of the lease term for an additional ten years;
and providing for publication.
ISSUE: Amend current lease agreement between the Corpus Christi Art Foundation,
Inc.ldba South Texas Institute for the Arts and the City of Corpus Christi.
PRIOR: On May 9,2000, the City Council adopted its FY2000 Consolidated Annual Action
Plan for Community Planning and Development Programs totaling $8,056,562 that includes
$6,093,562 for the CDSG Program (M2000-139). Furthermore, on July 7,1992, the City
Council authorized a lease agreement between the Corpus Christi Art Foundation, Inc.ldba
South Texas Institute for the Arts and the City of Corpus Christi (Ord.021424).
REQUIRED COUNCIL ACTION: That the City Manager or his designee be authorized to
amend current lease with the Corpus Christi Art Foundation, Inc.ldba South Texas Institute
for the Arts.
RECOMMENDATION: That the City Manager or his designee be authorized to amend
current lease with the Corpus Christi Art Foundation, Inc.ldba South Texas Institute for the
Arts. ~ U
4.{homas Utter
Assistant City Manager
ADDITIONAL SUPPORT MATERIAL
Background Infonnation lJ
335
AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND: On May 9, 2000, the City Council adopted its FY2000 Consolidated
Annual Action Plan for Community Planning and Development Programs totaling
$8,056,562 that includes $6,093,562 for the COSG Program (M2000-139). The Council
approved the acquisition of property which would require the City to purchase property
adjacent to the Corpus Christi Art Foundation, IncJdba South Texas Institute for the Arts.
The current lease period will continue through September 5, 2002, and will automatically
renew for an additional term of ten years effective immediately upon the termination date
of the original term, unless either party provides written notice to the other party at least 60
days prior to the termination date. of its intent not to renew. The Corpus Christi Art
Foundation, IncJdba South Texas Institute for the Arts will provide the approximately
$15,000 of additional funding required for the acquisition. The amount required will be
determined by an independent appraisal.
337
Corpus Christi Art Foundation, Inc./dba South Texas Institute for the Arts
First Amendment to Lease Agreement Summary
I. ALLOCATION: $ 15,000 - FY2000 CDBG
$ 30,000 - FY1999 CDBG
II. BUDGET: Property acquisition - $ 30,000 (approximately)
III. SCOPE OF PROJECT: To purchase property located at 2031 Agnes,
Lots & 5, Block 5, Lawnview Annex, according to
the map or replat thereof recorded in Vol. 4,
Page 12 and Vol. A, Page 13, map records,
Nueces County, Texas.
IV. USE OF FACILITIES: Multi use recreational area
V. LEASE PERIOD: Until September 5, 2002, lease may be renewed
VI. LESSEE'S RESPONSIBILITY:
A. Develop youth activities park.
B. Operate facility for the purpose of maintaining a cultural arts center to be
opened to the public at least eight hours per day for five days of each week.
C. Indemnifying and holding City harmless.
D. Complying with all laws, ordinances, regulations, and code of federal, state,
county, city, and other govemmental agencies applicable to property and
programs offered.
E. Acquire and maintain the fOllowing insurance coverages:
General Liability Insurance
Property Insurance for full replacement value
Builder's Risk Insurance
Workers' Compensation Insurance
VII. OTHER PROVISIONS: It is understood and agreed between the parties that all
other terms, conditions, provisions, and covenants in the Lease, not consistent
herewith, remain in full force and effect and are hereby ratified and reaffirmed.
VIII. CHANGES AND AMENDMENTS: Modifications which do not change the essential
scope and purpose ofthe lease agreement may be approved by the City Manager.
IX. TERMINATION: In the event that Lessee does not meet one of the national
objectives of the CDBG program, then Lessee will reimburse all CDBG funds not
meeting national objectives to the City.
338
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
THE "FIRST AMENDMENT TO LEASE AGREEMENT" WITH THE
CORPUS CHRISTI ART FOUNDATION, INC. D/B/A THE SOUTH TEXAS
INSTITUTE FOR THE ARTS PROVIDING FOR THE LEASE OF TWO
PROPERTIES FROM THE CITY FOR CONSIDERATION OF ONE
DOLLAR PER YEAR FOR THE PURPOSE OF DEVELOPING A YOUTH
ACTIVITIES PARK AND TO PROVIDE BUS ACCESS TO THE ANTONIO
E. GARCIA EDUCATION CENTER, AND PROVIDING FOR THE
AUTOMATIC RENEWAL OF THE LEASE TERM FOR AN ADDITIONAL
TEN YEARS; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager. or designee, is authorized to execute the "First
Amendment to Lease Agreement" with the Corpus Christi Art Foundation, Inc. d/b/a The South
Texas Institute for the Arts, a copy of which is attached hereto as Exhibit A and incorporated herein,
providing for the lease of two additional properties from the City for consideration of one dollar per
year for the purpose of developing a youth activities park and to provide bus access to the Antonio
E. Garcia Education Center, and providing for the automatic renewal of the Lease term for an
additional ten years.
SECTION 2. This First Amendment to Lease Agreement shall become effective upon the
expiration of 60 days following its date of final adoption by the City Council.
SECTION 3. Publication will be made in the official publication ofthe City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
BmordOO.I03
339
3'
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 9, 2000
SUBJECT:
Downtown Management District
Lighting Improvements, Phase 2B
AGENDA ITEM:
1. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus
Christi Downtown Management District and Central Power & Light Company for the construction
of Phase 2B of proposed sidewalk area street lighting improvements in the Downtown Business
District at a cost not to exceed $ 130,000.
2. Ordinance appropriating $ 130,000 from the Corpus Christi Downtown Management District in
the No. 1020 General Fund - Street Lighting Activity for Phase 2B of sidewalk / street lighting
improvements in the Downtown Business District; amending Ordinance No. 024130, which
adopted the FY 00 - 01 budget, by adding $130,000 to the No. 1020 General Fund - Street
Lighting Activity # 12460 - 530210.
ISSUE: The Corpus Christi Downtown Management District (DMD) is requesting the City's approval
of the installation of a third phase (Phase 2B) of new sidewalk area street lighting within the
Downtown Business District. Central Power & Light Company (CP&L) is agreeable to install the
lighting improvements at a cost not to exceed $ 130,000. The DMD will reimburse the City for the
full cost of the lighting improvements. CP&L will own and maintain the new lighting system. The
City will pay the operating cost of the new lighting system.
REQUIRED COUNCIL ACTION:
1. Agreements between the City and other entities must be approved by the City Council.
2. Agreements between the City and CP&L for contract lighting improvements having a cost
$15,000 or greater must be approved by the City Council.
RECOMMENDATION: Approvai of the motion and ordinance as presented.
~
~~
If.UN)
el R. Escobar, P.E.
irector of Engineering Services
Additional SUDDort Material
1. Additional Background Information
2. Attachment 1 - Photograph of Pedestal Light
3. Attachment 2 - Ultimate Planned Downtown Business District Lighting Improvements
4. Attachment 3 - Proposed Phase 26 of Lighting Improvements
5. Attachment 4 - Future (Remaining Phase) Lighting Improvements
(Downtown Management District lighting Improvements, Pagi4J1of 4)
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
Prior Council Action:
1. Authorized City Manager to execute agreement with the DMD and CP&L for Phase 1 of the
Downtown Business District sidewalk! lighting improvements at a cost of $ 401,598.
(M97-061, 03-18-97)
2. Authorized City Manager to execute agreement with the DMD and CP&L for Phase 2 of the
Downtown Business District sidewalk area street lighting improvements at a cost of
$370,000. (M98-414, 12-08-98)
Historical: In December, 1996, the DMD's Board of Directors voted to make the installation of
sidewalk iighting improvements in the downtown area a priority. Although the overall safety record
for security of businesses and patrons in the Downtown area is good, merchants perceived at that
time that the downtown area was too dark, feeling that improved sidewalk lighting and street
lighting wili make downtown visitors feel safer. The then-current street lighting system, which was
installed in the early 1950's, provided illumination which is lower than recommended standards for
business districts with nighttime activities.
At the request of the DMD, the Staff prepared a design for improved sidewalk and street lighting to-,
provide an illumination level consistent with nationally recommended standards for downtc
business and entertainment districts. AlTACHMENT 1 shows the selected pedestal Iigl".
AlTACHMENT 2 depicts the ultimate planned pedestal lighting system (ten pedestal lights per
block length). In consultation with City Staff and CP&L, the DMD selected a decorative pedestal
lights which provides significantly improved sidewalk illumination in addition to its normal function
as a street light. This the pedestal light consists of a fluted concrete pole with a 13 -foot luminaire
mounting height and a round luminaire head using a 14,000-lumen metal halide lamp.
City Administration of Proiect: The DMD, being a governmental entity, is bound by State
bid-letting and contracting procedures, and since it has not franchise agreement with CP&L, cannot
award this project to CP&L without competitive bidding. Further, the City, through its franchise
agreement with CP&L, can take advantage of CP&L absorbing the first $300 per luminaire cost of
construction. Therefore, the DMD has requested the City to administer the project implementation
through CP&L and will reimburse the City 100% of the construction cost for this project.
Phasina of Liahtina Imorovements:
The DMD has elected to approach the overall business district lighting improvements in three or
more phases, consisting of 526 new pedestals lights, and replacing 146 of the original 36,000-lumen
street lights. Following is a description of the two completed phases of lighting improvements, the
current proposed Phase 2B project, and the future final phase:
(Downtown Management District Lighting Improvements- Page 2 of 4)
342
,-
Phase 1 [COMPLETED] Installed 222 new pedestal lights, evenly distributed throughout the
downtown area, supplementing 146 existing 36,000-lumen metal halide street lights, at a
cost of $ 401,598.
Phase 2 [Completed] Installed 121 new pedestal lights to be in-filled among the pedestal
lights installed in Phase 1 and removing 61 existing 36,000-lumen street lights, at a cost not
to exceed $370,000.
ProDosed Phase 2B Proposes installation of 38 new pedestal lights to be in-filled among
pedestal lights installed in Phases 1 and 2 and removing 37 existing 36,000-lumen street
lights, at a total cost not to exceed $130,000 (see ATTACHMENT 3).
Future Final Phases 28 Proposes installation of final 162 new pedestal lights to be in-filled at
miscellaneous locations throughout the downtown area and removing 48 remaining 36,000-
lumen street lights. The majority of the 162 new pedestal lights installed in this remaining
phase will be installed on intersection comers and which will also be used to support traffic
signals and pedestrian signals (see ATTACHMENT 4), thereby eliminating pole clutter.
-
ODeration and Maintenance of ProDosed Lighting ImDrovement5: No different than for
other municipal lighting systems in Corpus Christi, the proposed agreement provides that CP&L
install, retain ownership and routinely maintain the proposed pedestal lighting system per the terms
of the City's franchise agreement and tariff rate schedule. The City would bear the annual operating
cost, and the DMD would bear the construction cost. The following chart shows the cumulative
annual operating expenses of the new pedestal lights and existing lighting system as installations
and removals are undertaken during each of the planned project phases.
Budget ImDact for Phase 2 Proiect: The impact of the proposed Phase 28 project will be a
decrease ($1,250) in annual operating cost for lighting within the downtown business district. This
is due to the removal of 37 existing street lights with a higher operating cost than the 38 new
pedestal lights proposed as part of the Phase 28 project.
City's Annual ODerating EXDenses
Ori9inal Liohtino System Cost
After Each Proiect Phase
New Pedestal
Lioht Costs
Total Resultant Cost
After Phase 1
$ 30,562
$ 35,804
(222 new lights)
$ 66,366
After Phase 2
$ 16,596
$ 53,920
(343 new lights,
cumulative)
$70,516
After Phase 28
$ 9,372
$ 59,894
(381 new lights,
cumulative)
$69,266
After Final Phase! s)
$
o
$85,361
(543 new lights,
cumulative)
$85,361
(Downtown Management District lighting Improvements, Pa'd;j of 4)
-,
Future Council Action: The Council will be requested to approve one or more future
agreements with the DMD and CP&L for final phases of sidewalk / street lighting improvements in
the Downtown Business District. The next phase of lighting improvements would probably occur in
FY 2002 or later.
* * * * * *
(Downtown Management District lighting Improvements, pa934if 4)
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~ CITY COUNCIL EXHIBIT
~ SUBJECT: DOWNTOWN MANAGEMENT DISTRICT
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M SUBJECT: DOWlTOWIII MAlAGEMENT DISTRICT
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Trafllc Engineering OJ-,
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346
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COUNCIL EXHIBIT
DOWln'OWIII MAIAGEMm DISTRICT
UGHTlIG IMPROVEMEITS .~ 7-8-21<
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TraffIc Engineering DIY.
Englnllring Senlces Oept.
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~ SUBJECT: DOWNTOWN MANAGEMENT DISTRICT
= = UGH11NS IMPROVEMENTS
"AnACHMEIIT 4"
TraIftc Engineering Oil.
Engineering Senlces Dept.
348
ORDINANCE
APPROPRIATING $130,000 FROM THE CORPUS CHRISTI DOWNTOWN
MANAGEMENT DISTRICT IN THE NO. 1020 GENERAL FUND - STREET
LIGHTING ACTIVITY FOR PHASE 2B OF SIDEWALK/STREET
LIGHTING IMPROVEMENTS IN THE DOWNTOWN BUSINESS
DISTRICT; AMENDING ORDINANCE NO. 024130, WHICH ADOPTED
THE FYOO-OI BUDGET, BY ADDING $130,000 TO THE NO. 1020 GENERAL
FUND - STREET LIGHTING ACTIVITY; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $130,000 from the Corpus Christi Downtown Management District is
appropriated in the No. ! 020 General Fund - Street Lighting Activity for Phase 2B of
Sidewalk/Street Lighting Improvements in the Downtown Business District.
SECTION 2. That Ordinance No. 024130, which adopted the FYOO-OI budget, is amended
by adding $130,000 to the No. 1020 General Fund.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for inunediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the _ day of ,2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED (tL";)/t" t I' ,2000: JAMES R. BRAY, JR., CITY AITORNEY
By: ,j:,'(/e, ~",("-I
Lisa Aguilar.' ssistant City Attorney
H:\LEG.D1R\ VERONICA .uSA \ORD1\ORD~_ [91
349
31
CITY COUNCIL
AGENDA MEMORANDUM
August 17, 2000
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to execute reimbursement
contracts with the Coastal Bend Bays and Estuaries Program for the following projects:
1. Ropes Park Extension Project in the amount of $50,000
2. Corpus Christi Beach Shoreline Stabilization - Habitat Creation Project in the
amount of $85,000
3. Ecotourism Project in the amount of $75,000
4. Bay Debris Removal Demonstration Project - End of Pipe Collection System in the
amount of $50,000
5. Outreach Campaign for Seagrass Protection, Storm Water Pollution, and Bay
Stewardship in the amount of $50,000
B. Ordinance appropriating $50,000 from the Coastal Bend Bays and Estuaries Program
in the No. 1050 Federal/State Grants Fund for Ropes Park Extension; and declaring
an emergency.
C. Ordinance appropriating $85,000 from the Coastal Bend Bays and Estuaries Program
in the No. 1050 Federal/State Grants Fund for Corpus Christi Beach Shoreline
Stabilization - Habitat Creation Project; and declaring an emergency.
D. Ordinance appropriating $75,000 from the Coastal Bend Bays and Estuaries Program
in the No. 1050 Federal/State Grants Fund for the Ecotourism Project; and declaring
an emergency.
E. Ordinance appropriating $50,000 from the Coastal Bend Bays and Estuaries Program
in the NO.1 050 Federal/State Grants Fund for the Bay Debris Removal Demonstration
Project - End of Pipe Collection System; and declaring an emergency.
F. Ordinance appropriating $50,000 from the Coastal Bend Bays and Estuaries Program
in the No. 1050 Federal/State Grants Fund for Outreach Campaign for Seagrass
Protection, Storm Water Pollution, and Bay Stewardship; and declaring an emergency.
ISSUE: The Coastal Bend Bays and Estuaries Program requires consent of the
governing body of the grant recipient to accept grants.
351
BACKGROUND: Each year, the Coastal Bend Bays and Estuaries Program solicits
project proposals. This year, the program has offered to fund five projects proposed
by the City of Corpus Christi. All matching funds will be either from outside sources
or in non-cash contributions such as staff time. We solicit approval by the City
Council of both authorization to execute reimbursement contracts and the individual
appropriation ordinances. I have attached background information on each of the
projects.
2J ~ Ltt1
W. Thomas Utter
Assistant City Manager
352
1. Ropes Park Extension Project Grant of $50,000: The City of Corpus Christi
has applied for a grant from the Coastal Management Program to acquire two
lots adjacent to Ropes Park. This grant from the Coastal Bend Bays and
Estuaries Program will serve as matching funds to the Coastal Management
Program grant proposal. The proposal is to acquire 1.6 acres of privately owned
land and incorporate the area into the park for pUblic use. In addition, the City of
Corpus Christi will install education sign age explaining the ecological value of the
Corpus Christi bay.
2. Corpus Christi Beach Shoreline Stabilization - Habitat Creation Project Grant of
$85,000: The objectives of this project are to reduce erosion and create a salt marsh
habitat for public use at the north point of Corpus Christi Beach through construction
of an offshore breakwater, planting of salt marsh plants, and construction of public
access boardwalks and interpretive signage. Erosion has historically been a major
problem of this beach. The sand to the north of the terminal groin has continued to
erode very rapidly and the groin is nearly breached. The purpose of this project is to
slow erosion along Corpus Christi Beach.
3. Ecotourism Project Grant of $75,000: The Corpus Christi Convention and Visitors
Bureau in partnership with Texas A&M University-Corpus Christi will create the City's
first Ecotourism Program. Program objectives will include: (1) developing a regional
ecotourism master strategy, (2) coordinating a series of ecotourism events and
activities, (3) developing partnerships for ecotourism events, and (4) developing
educational materials for distribution at ecotourism events that promote reponsible use
and protection of bay resources. The purpose of this project is to encourage the
appropriate use of bay resources. The growing emphasis on ecotourism is important
from both an economic and ecologic management perspective. The program will
increase awareness of critical natural resources and their ecological value.
4. Bay Debris Removal Demonstration Project - End of Pipe Collection System
Grant of $50,000: Bay debris has an aesthetic impact and can be harmful to wildlife,
damaging to habitats and a concern for public health. Although prevention has been
recognized as the most cost effective method of management of bay debris and major
efforts are being taken to encourage non-point source pollution prevention practices,
a considerable amount of debris continues to be observed entering the bay from the
storm water collection system. To reduce the amount of debris entering the bay
through the storm water collection system and end of pipe collection and removal
system will be installed at one of the storm water outfalls to determine the effectiveness
of this management practice.
5. Outreach Campaign for Seagrass Protection, Storm Water Pollution, and Bay
Stewardship Project Grant of $50,000: The City of Corpus Christi and the Coastal
Bend Bays and Estuaries Program will partner together to develop a multi-year Public
Outreach Strategic Plan, identify and develop outreach materials consistent with the
plan, and implement the public outreach effort through appropriate media. The multi-
year public outreach strategy will address specific issues such as freshwater inflows,
storm water pollution prevention, seagrass protection, bay stewardship, etc. The
number of issues that will be addressed and the media to be used in the outreach effort
will be determined in the Public outre~ Strategic Plan.
ORDINANCE
APPROPRIATING $50,000 FROM THE COASTAL BEND BAYS AND
ESTUARIES PROGRAM IN THE NO. 1050 FEDERAUSTATE GRANTS
FUND FOR ROPES PARK EXTENSION; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $50,000 from the Coastal Bend Bays and Estuaries Program is
appropriated in the No. 1050 Federal/State Grants Fund for Ropes Park expansion.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
(-1-1"
APPROVED: This 1- day of
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
II'J",,-I-
, 2000:
James R. Bray, City Attorney
By:
R04021 E1wpd
354
-
ORDINANCE
APPROPRIATING $85,000 FROM THE COASTAL BEND BAYS AND
ESTUARIES PROGRAM IN THE NO. 1050 FEDERAUSTATE GRANTS
FUND FOR CORPUS CHRISTI BEACH SHORELINE STABILIZATION -
HABITAT CREATION PROJECT; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $85,000 from the Coastal Bend Bays and Estuaries Program is
appropriated in the No. 1050 Federal/State Grants Fund for Corpus Christi Beach
Shoreline Stabilization - Habitat Creation Project.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This //11, day of 4, ", -r
James R. Bray, City Attorney
Samuel L. Neal. Jr.
Mayor, The City of Corpus Christi
,2000:
By:
R04021 01 wpd
355
ORDINANCE
APPROPRIATING $75,000 FROM THE COASTAL BEND BAYS AND
ESTUARIES PROGRAM IN THE NO. 1050 FEDERAUSTATE GRANTS
FUND FOR THE ECOTOURISM PROJECT; AND DECLARING AN
EMERGENCY
~
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $75,000 from the Coastal Bend Bays and Estuaries Program is
appropriated in the NO.1 050 Federal/State Grants Fund for the Ecotourism Project.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This / (./-~ day of 4J''/~ r
James R. Bray, City Attorney
By ~
R. Jay' einin
Seni r Assistant City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
,2000:
R04021C1wpd
356
ORDINANCE
APPROPRIATING $50,000 FROM THE COASTAL BEND BAYS AND
ESTUARIES PROGRAM IN THE NO. 1050 FEDERAUSTATE GRANTS
FUND FOR THE BAY DEBRIS REMOVAL DEMONSTRATION PROJECT
- END OF PIPE COLLECTION SYSTEM; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $50,000 from the Coastal Bend Bays and Estuaries Program is
appropriated in the No.1 050 Federal/State Grants Fund for the Bay Debris Removal
Demonstration Project - End of Pipe Collection System.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This / j..f-~ay of
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
/lVf "'6 7 , 2000:
v
James R Bray, City Attorney
By:
R04021B1.wpd
357
-~
ORDINANCE
APPROPRIATING $50,000 FROM THE COASTAL BEND BAYS AND
ESTUARIES PROGRAM IN THE NO. 1050 FEDERAUSTATE GRANTS
FUND FOR OUTREACH CAMPAIGN FOR SEAGRASS PROTECTION,
STORM WATER POLLUTION, AND BAY STEWARDSHIP; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $50,000 from the Coastal Bend Bays and Estuaries Program is
appropriated in the No. 1050 Federal/State Grants Fund for Outreach Campaign for
Seagrass Protection, Storm Water Pollution, and Bay Stewardship.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This /(/1.. day of 4c;v,) r
v
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
,2000:
James R. Bray, City Attorney
By:
358
R04021A1.wpd
S8
AGENDA
CORPUS CHRISTI HOUSING FINANCE CORPORATION
ANNUAL MEETING
DATE:
Tuesday, August 22, 2000
TIME:
During the meeting of the City Council beginning at 12 p.m.
PLACE:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. President John Longoria calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
John Longoria, President
Mark Scott, Vice President
Javier Colmenero
Melody Cooper
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
Loyd Neal
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Vacant, Treasurer
Michael Harty, Asst. Treasurer
3. Election of Officers.
4. Approve Minutes of February 8, 2000.
5. Financial Report.
6. General Manager's Report.
7. Approval of an Agreement to Administer a $2.5 Million Mortgage Credit Certificate
Program for the Coastal Bend Housing Finance Corporation.
8. Public Comment.
7. Adjournment.
359
Memorandum
TO:
Board Members of the Corpus Christi Housing Finance Corporation
~
FROM: W. Thomas Utter, Assistant City Manager
DATE: August 11, 2000
SUBJECT: Request for Annual Meeting of the Corpus Christi Housing Finance
Corporation (CCHFC) on August 22,2000
I am requesting that a meeting of the Corpus Christi Housing Finance Corporation
(CCHFC) be held during the Council meeting of August 22, 2000 to consider the following
item:
1. Election of Officers: Each year at its annual meeting, the CCHFC elects officers.
The office of President is currently held by John Longoria, while the position of Vice
President is held by Mark Scott. The remaining positions are functionary positions in
nature, which traditionally are held by staff. We recommend that the functionary
positions currently held by staff be re-elected..
2. General Manager's Report: The CCHFC was established in 1980. The corporation
has issued approximately $110 milllion in single family mortgage bonds prior to 1986,
approximately $63 million in multi-family mortgage revenue bonds in 1982 and 1983,
and approximately $140 million in Mortgage Credit Certificates since 1986. The
CCHFC has assisted in the purchase of over 3,300 single family homes and
development of approximately 1,250 apartment dwelling units. The CCHFC also has
participated as administrator for the Nueces County Housing Finance Corporation, the
Ingleside-Aransas Pass Housing Finance Corporation, the Portland Housing Finance
Corporation, and the Coastal Bend Housing Finance Corporation. In total, the CCHFC
has provided slightly over $330 million of housing assistance during its existence
assisting in the creation of approximately 4,550 dwelling units. In addition, the CCHFC
has provided over $3 million of funding to the City of Corpus Christi for a multiplicity of
economic development and City public purpose projects unrelated directly to housing.
In June 1996, the CCHFC and the Corpus Christi Community Improvement Corporation
(CCCIC) entered into a very innovative and aggressive housing partnership, bringing
together a number of groups "...to encourage, promote and work for housing
opportunities for all citizens of the City of Corpus Christi." The partnership developed
four major action strategies, which were as follows:
*
Promotion and encouragement of home ownership opportunities.
*
Preservation of the existing housing stock through rehabilitation and neighborhood
improvement.
360
*
Provision of affordable rental housing for low to moderate income families within the
community.
* Provision of essential services and shelter for those temporary homeless individuals
and families.
The partnership also established a goal of assisting 4,000 units of housing through all
of its activities by the end of the Year 2000.
I am extremely pleased to report to the CCHFC that as of July 2000, the partnership
has resulted in the creation, assistance to, or funding of 4,457 units. This involves
$100,046,647 in assistance (see Exhibit 1). The effort to meet this goal has involved
organizations across the City of Corpus Christi who are all to be commended. The staff
of the Housing and Community Development Department of the City of Corpus Christi
have done an absolutely outstanding job in these undertakings. Our partners at both
HUD and the Texas Bond Review Agency should also be highly complimented. In
addition, the Coastal Bend Housing Finance Corporation, the Corpus Christi Board of
Realtors, the Corpus Christi Builders Association, and the banks and other
organizations involved in the Corpus Christi Community Development Corporation have
labored tirelessly to make this goal a reality.
3. Approval of an Agreement to Administer a $2.5 Million Mortgage Credit Certificate
Program for the Coastal Bend Housing Finance Corporation: The Coastal Bend
Housing Finance Corporation has requested that the CCHFC operate a $2.5 million
Mortgage Credit Certificate Program for their corporation. We have previously acted
as the administrator for a number of other corporations as stated above and we
recommend approval of an administration agreement to allow us to move forward with
the new program (see attached Exhibit 2).
tJ,~(Ao 2/d;;-
W. Thomas Utter
Assistant City Manager
361
MINUTES
CORPUS CHRISTI HOUSING FINANCE CORPORATION
JOINT MEETING
WITH
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
FEBRUARY 8, 2000
4:08 p.m.
~
PRESENT
CCHFC
Board of Directors
CCCIC
Board of Directors
Officers
John Longoria, Pres.
Marie Scott, Vice Pres.
Javier Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
Samuel L. Neal, Jr.
Betty Jean Longoria, Pres.
Rex A. Kinnison, Vice Pres.
Javier Colmenero
Metody Cooper
Henry Garrett
Dr. Arnold Gonzales
John Longoria
Samuel L. Neal
Mark Scott
W. Thomas Utter, Gen. Mgr.
Armando Chapa, Secretary
Mary Sullivan, Treasurer
Mike Harty, ASS!. Treasurer
President Betty Jean Longoria and President John Longoria called the meeting to order in the Council
Chambers of City Hal!. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and
that notice of the meeting had been properly posted.
President J. Longoria called for approval of the CCHFC minutes of the July 27, 1999 meeting an<< ..,e
CCCIC minutes of the November 16, 1999 meeting. Mr. Scott made a motion to approve the minutes, seconded by
Mr. Kinnison, and passed unanimously.
President J. Longoria called for discussion of the financial reports. General Manager Tom Utter said the
CCHFC has a fund balance of$280,800.93 and the CCCIC has a total asset of$18,063,164.
President J. Longoria opened discussion on Item 5, regarding the report on 4000 by 2000 activities of the
CCHFC and the CCCIC. General Manager Utter explained that in July 1996, the CCHFC and the CCCIC together
established the Corpus Christi Housing Partnership. He said since July 1996, the CCHP has provided $82,350,208
for housing assistance and has assisted 3,889 units. Mr. Utter expects that the CCHP will accomplish and perhaps
exceed the 4000 goal commitments. Mr. Gonzales thanked Mr. Utter and his staff for their hard work. President
Longoria praised the City's efforts to find affordable housing and assistance for the community.
President J. Longoria opened discussion on Item 6, introduction of the new $19.3 million Mortgage Credit
Certificate (MCC) Program. General Manager Utter stated that the CCHFC and its partners, the Board of Realtors
and the Mortgage Lending Company, established a program where first-time homebuyers can purchase a house
through a participating lender and be issued a mortgage credit certificate through the CCHFC. He explained that
the mortgage credit certificate allows a 25% tax credit on mortgage interest paid, a dollar for dollar tax credit,
reducing the interest rate by 25%. President B. Longoria thanked Mr. Utter and his staff for their efforts in this
program.
President J. Longoria opened discussion on Item 7, appointment of Loan Review Committee Members
Longoria made a motion to reappoint Louis Garza, David Cantu and Daniel SuckIey to the CCCIC/Loan ReVIew
Committee, seconded by Mr. Scott, and passed unanimously.
362
JOINT MEETING OF THE
CORPUS CHRISTI HOUSING FINANCE CORP. AND THE
CORPUS CHRISTI COMMUNITY IMPRVMNT. CORP.
FEBRUARY 8, 2000
PAGE 2
President J. Longoria called for public comment.
Foster Edwards, C.E.O. of the Association of Realtors, said the association appreciates the efforts of the
Board of Directors in establishing the Mortgage Credit Certificate Program and the importance of the program to
the community. He also read statistics that the City of Corpus Christi is at the bottom 10% of average or medium
in tax price for housing.
President J. Longoria suggested to Mayor Loyd Neal to appoint a small task force to look at issues facing
the homeless and the needs that could be provided to serve them through the City. Mayor Neal said he would ask
the Homeless Coalition to serve as a group to look into those issues. President B. Longoria commented on the good
work Mr. Utter and staff have been doing. There being no additional business, President J. Longoria declared the
meeting adjourned at 4:22 p.m. on February 8, 2000.
363
CORPUS CHRISTI HOUSING FINANCE CORPORATION
BALANCE SHEET
JUNE 30, 2000
Assets
Current assets:
Cash in bank
Investments
Due from other funds
$31,889.40
261,977.63
0.00
Total assets
$293,867.03
Liabilities and Fund Balance
Liabilities:
Accounts Payable
Due to other funds
Total liabilities
$0.00
0.00
0.00
Fund balance:
Undesignated
Total fund balance
293,867.03
293,867.03
Total liabilities and fund balance
$293,867.03
364
CORPUS CHRISTI HOUSING FINANCE CORPORATION
SUMMARY OF TRANSACTIONS
FOR ELEVEN MONTHS ENDED JUNE 30, 2000
Fund balance@ 08-01-99
$275,886.76
Revenues:
Interest
Application fees
Re-submission fee
Participation fee
Issuance fee
Refinancing fee
Miscellaneous revenue
12,468.89
4,850.00
250.00
1,900.00
8,250.00
200.00
0.00
Total revenues
27,918.89
Expenditures:
Administrative costs
Application fee refund
State certification fees
Texas Bond Review Board
6,975.00
50.00
0.00
2,913.62
Total expenditures
9,938.62
Fund balance @ 06-30-00
$293,867.03
365
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.
ADMINISTRATION AGREEMENT
-,
The Administration Agreement is made by and between the Coastal Bend Housing
Finance Corporation (the "Coastal Bend HFC") and the Corpus Christi Housing Finance
Corporation (the "Corpus Christi HFC"), both of which are public non-profit corporations created
pursuant to the Texas Housing Finance Corporations Act (the "Act"), Chapter 394, Texas Local
Government Code, as amended.
WHEREAS, the Coastal Bend HFC and the Corpus Christi HFC have been organized
pursuant to and in accordance with the provisions of the Act for the purpose of assisting in the
financing of the costs of residential ownership and development that will provide decent, safe and
sanitary housing for persons oflow and moderate income at prices they can afford; and
WHEREAS, the Act authorizes both parties hereto to enter into contracts and make other
instruments as necessary or convenient to the exercise of their powers in the furtherance of the
provisions of the Act; and
WHEREAS, the Coastal Bend HFC desires to implement its Coastal Bend Housing
Finance Corporation Mortgage Credit Certificate Program, Series 2000 (the "Program"), and
have it administered in the same manner as other programs operated by the Corpus Christi HFC in
order to simplifY participation in the new Program by the residents as well as the mortgage
lending institutions doing business in the Coastal Bend Area;
NOW, THEREFORE, the Coastal Bend Housing Finance Corporation and the Corpus
Christi Housing Finance Corporation agree as follows:
1. The Corpus Christi HFC is hereby appointed as Program Administrator of the Coastal
Bend Housing Finance Corporation Mortgage Credit Certificate Program, Series 2000, and shall
administer the Program similarly to the previous programs administered by the Corpus Christi
HFC for the Coastal Bend HFC. The existing Program Manual of the Corpus Christi Mortgage
Credit Certificate Program Series 2000 is hereby adopted as the basis for the Program Manual to
be prepared for the Program, subject to such changes and adjustments by the Corpus Christi HFC
as may be reasonable or necessary to effectively administer the Program.
2. The Program Administrator shall have the general responsibility for administering the
Program for and on behalf of the Coastal Bend HFC, and shall have full power and authority
acting alone to do and perform any and all things which it may deem necessary or desirable to
carry out its duties and responsibilities hereunder, unless contrary to the expressed provisions of
this Agreement. Reports on the status of the Program shall be made to the Coastal Bend HFC on
a quarterly basis commencing on the 15th day of the third month following the first month in
which mortgage credit certificate applications are taken.
3. The Coastal Bend HFC shall not be liable for the payment of any fees or expenses to
the Corpus Christi HFC, as Program Administrator, hereunder. The fees and expenses set forth
on Exhibit A which will be charged in connection with the Program shall be retained by the
Exhibit 2
368
Corpus Christi HFC, as Program Administrator, to defray the various costs and expenses incurred
in connection with the Program.
4. All books and records maintained by the Program Administrator or its agents in
connection with the Program shall be open to inspection by representatives of the Coastal Bend
HFC at any time during normal business hours.
5. The Program shall be open to participation by all mortgage lending institutions doing
business in the Coastal Bend Area who are eligible to participate in accordance with the
provisions of the Act. Prior to implementation of the Program, a notice shall be published in a
newspaper of general circulation in the Coastal Bend Area inviting all originators of mortgage
loans in the eligible counties to participate in the Program.
6. Applications for mortgage credit certificates shall be received on a first-come, first-
served basis for all residents in Coastal Bend Area, subject to the required reservations for any
targeted areas within the Area required by federal law.
7. This Agreement shall continue in full force and effect until modified or terminated by
the written agreement of the parties hereto. This Agreement shall inure to the benefit of the
parties hereto and their successors, and nothing herein shall be construed to grant any rights or
benefits to any other persons not a party to this Agreement.
8. All notices or other communications hereunder shall be deemed given when delivered
or three days after mailing by certified mail, postage prepaid, return receipt requested, addressed
to the parties at the following addresses:
COASTAL BEND HOUSING FINANCE CORPORATION
901 Leopard Street
Corpus Christi, Texas 78401
ATrENTlON: County Judge
CORPUS CHRISTI HOUSING FINANCE CORPORATION
1201 Leopard Street
P. O. Box 9277
Corpus Christi, Texas 78469
ATrENTlON: City Manager
9. This Agreement shall be construed in accordance with the laws of the State of Texas
and the United States and shall be performable in Nueces County, Texas.
EXECUTED this _ day of August, 2000.
COASTAL BEND HOUSING
FINANCE CORPORATION
CORPUS CHRISTI HOUSING
FINANCE CORPORATION
By:
Richard M. Borchard, President
By:
John Longoria, President
F:Il! \moc\CJ3.Admm Agmldoc
36~
SCHEDULE OF FEES
MCC Commitment Fee (non-refundable) ...............................................................................
This fee is submitted with the borrower's Application through a participating Lender.
Upon receipt of the fee and a qualifying Application, the CCHFC will issue an MCC
Commitment Letter.
$50.00
MCC Issuance Fee
$150.00
This fee is submitted upon Loan closing with all of the completed Program documents
required for the issuance of an MCC. Upon receipt of the fee and the required documents,
the CCHFC will issue an MCC to the borrower with a copy to the Lender.
MCC Home Improvement Fee ...............................................................................................
$75.00
This fee is charged in connection with the one-step processing procedure for Qualified
Home Improvement Loans and repIaces the MCC Commitment Fee and Issuance Fee.
MCC Document Handling Fee................................................................................................ up to $75.00
This fee may be charged and retained by the Lender to compensate it for handling the
additional documentation required of it by the MCC Program. The Lender additionally is
authorized to charge its reasonable and customary fees and charges for origination of the
Loan. (The MCC Document Handling Fee for a Qualified Home Improvement Loan is
limited to $25.00.)
MCC Extension Fee
$25.00
This fee is submitted with the Lender's request for a 2-month extension of the MCC
Commitment Letter. MCC Commitment Letters are good for 3 months in the case of
existing housing and 6 months in the case of new housing or for qualified home
improvement or qualified rehabilitation loans. Additional extensions may be granted if
extenuating circumstances exist.
MCC Resubmission Fee
$25.00
This fee is submitted by the Lender each time the documentation for the MCC has been
rejected based upon non-compliance with the Program guidelines. Since the Lender is
responsible for assuring that all documentation is in order prior to submission to the
CCHFC, this fee is chargeable to the Lender rather than to the borrower absent a showing
of the borrower's negligence.
MCC Curative Fee
$50.00
This fee is submitted if any defects are discovered in the Program documents after the
issuance of an MCC. Upon the discovery of any such defects, the Lender and the MCC
holder are notified and have 60 days to cure them prior to revocation of the MCC.
Lender Participation Fee ........................................................................................................
$100.00
This one-time fee is to be paid by the Lender and submitted with the acceptance letter
regarding participation in the Program. The Lender's participation will be noted in all
advertising and press releases concerning the Program, and Program Manual updates will
be mailed to the Lender at no additional cost.
Loan Assumption Fee ............................ ......... ..... ..................................................................
This fee is submitted in connection with a transfer of an existing MCC.
$125.00
370
CORPUS CHRISTI HOUSING FINANCE CORPORATION
AND
COASTAL BEND HOUSING FINANCE CORPORATION
MORTGAGE CREDIT CERTIFICATE PROGRAM
MCCINFORMATIONGUIDE
The Corpus Christi Housing Finance Corporation is operating two Mortgage Credit Certificate
Programs in the Corpus Christi and the Coastal Bend area to help make ownership of homes more
affordable for low to moderate income households, especially first-time buyers. A Mortgage Credit
Certificate (MCC) increases a family's disposable income by reducing its federal income tax obligations.
This tax savings provides a family with more available income to qualify for a loan and meet mortgage
payment requirements. In order to participate in the Program, home buyers must meet certain eligibility
requirements, purchase a home or complete home improvements which qualify under the Program, and
obtain a mortgage loan through a participating Lender. (Refer to the "MCC = Money in Your Pocket!!"
Worksheet to see if you meet the general requirements for participation in the Program.)
371
(Rev. 8/00)
eliGIBLE BORROWERS
-,
First-time Buver Reauirement: In general, borrowers seeking financing for the purchase of a
residence must be first-time buyers or not have owned a principal residence in the past three years. As
discussed further in this Guide, the first-time home buyer requirement does not apply to borrowers
purchasing homes in Target Areas or obtaining a Qualified Home hnprovement Loan or a Qualified
Rehabilitation Loan.
Maximum Income Limits: A borrower's current gross annual household income must not exceed
the following limits:
For Non-Tarflet Areas
$54,740 (family size of3 or more)
$47,600 (family size ofless than 3)
For Tarflet Areas
$66,640 (family size of3 or more)
$57,120 (family size ofless than 3)
Also, a the adjusted gross annual household income on last vear's tax return must be $66,640 or less.
HOME PURCHASE PRICE LIMITATIONS
Existing Housing
Existing Housing
New Housing
$ 87,219 (Non-Target Areas in Nueces and San Patricio Counties)
$ 59,877 (Non-Target Areas in All Other Counties)
$ 94,716 (Non-Target Areas in All Counties)
For certain Target Areas, the limits are $106,601 (Existing Housing in Nueces and San Patricio Counties),
$73,184 (Existing Housing in All Other Counties) and $115,765 (New Housing in All Counties).
eliGIBLE PROPERTY
General Information: New or existing owner-occupied, single family houses, townhouses,
condominiums and manufactured housing in the City of Corpus Christi and in the following counties are
eligible: Nueces, Aransas, Bee, Brooks, Duval, Jim Wells, KIeberg, Refugio and San Patricio. Two to
Four family residences may be eligible so long as the owner occupies at least one unit and generally the
structure must be at least 5 years old.
Manufactured Homes: Manufactured homes must have at least 400 square feet of living space, a
minimum width of 102 inches, and be of a type which is customarily used at a fixed location. Recreational
vehicles, campers and other such vehicles are ineligible.
Financing Terms: The mortgage loan must be financed from sources other than tax-exempt
mortgage bonds or veteran's tax-exempt revenue bonds. The mortgage may be a conventional, FHA or VA
loan and will be at prevailing market rates. The interest payable under the loan must not be paid to a
person who is related to the borrower.
TARGET AREAS
Areas Served: Twenty percent of the MCC funds are reserved for one year for borrowers
purchasing residences in Target Areas in order to improve housing and economic conditions in
lower-income neighborhoods. A Target Area is a census tract in which at least 70 percent of the families
have incomes no higher than 80 percent of the statewide median or a census tract plagued by chronic
economic problems. The Target Areas in Corpus Christi are census tracts 4, 5, 9, 10, II, 12, 13, 15 and
56.02. The Target Areas in the Coastal Bend Area outside of Corpus Christi are census tracts numbers
9502.00 (Brooks County); 9501.00, 9503.00, 9504.00 (Duval County); 9506.00 (Jim Wells County);
and 0113.00 (San Patricio County). There are no Target Areas in Bee or KIeberg Counties. Borrowers
purchasing homes in Target Areas do not have to meet the requirement of being a "first-time home buyer."
37t
(Rev. 8/00)
PROGRAM DESCRIPTION
General Information: An MCC is a tax credit that will reduce the federal income taxes of qualified
buyers purchasing a qualified Residence or homeowners completing qualified home improvements or a
qualified rehabilitation. As a result, the MCC has the effect of reducing your mortgage payments.
Applications must be made to the CBHFC prior to closing the Loan. The MCC may not be used in
connection with the refinancing of an existing loan.
Benefit Amount: The size of your annual tax credit will be 25% of the annual interest paid on your
mortgage loan or $2,000, whichever is less. The credit cannot be larger than your annual federal income
tax liability, after all other credits and deductions have been taken. MCC credits in excess of your current
year tax liability may, however, be carried forward for use in the subsequent three years. For an example
of how MCCs work, see "MCC = Money in Your Pocket!!"
Assumabilitv: The MCC can be transferred only upon issuance of a new certificate by the
CBHFC. The person assuming your loan will have to qualify just as a new borrower would be required to
qualify under the Program.
Tax Credit Versus Tax Deduction: A mortgage interest deduction differs from a mortgage tax
credit in a number of ways. For example, all home buyers, regardless of income, may take a mortgage
interest deduction, whereas mortgage tax credits are available only to holders of Mortgage Credit
Certificates. With the Mortgage Credit Certificate, you will save $1 for each $1 of credit received. Using
an MCC and itemizing your deductions on Schedule A of Form 1040 will require you to reduce any
additional mortgage interest deduction you may take by an amount equal to your mortgage tax credit
claimed.
Len2l:h of Benefit: Each year, your mortgage tax credit will be calculated on the basis of 25
percent of the total interest you paid on your mortgage loan that year. The MCC will be in effect for the
life of your mortgage loan, so long as the residence remains your principal residence.
RecaDture of Tax Credit: Your Mortgage Credit Certificate will be subject to certain requirements
imposed by federal law concerning the recapture of a portion of the mortgage tax credit benefits granted to
you upon the sale of your Residence within 9 years from the date of purchase. In no event will the
recapture tax exceed one-half of your taxable gain on the sale of your residence.
QUAliFIED REHABIllTATIONS AND HOME IMPROVEMENTS
MCCs may also be used in connection with Qualified Home Improvement Loans not exceeding
$15,000 or Qualified Rehabilitation Loans. The first-time buyer requirement does not apply for either a
Qualified Home Improvement Loan or a Qualified Rehabilitation Loan.
Qualified Home Imorovement Loan: Home improvement loans cannot exceed $15,000 for
alterations, repairs and improvements to an existing residence by its owner designed to substantially protect
or improve the basic livability or energy efficiency of the residence.
Oualified Rehabilitation Loan: Rehabilitation financing is allowed for improvements to an existing
residence by its owner when the following conditions have been met: the residence must be at least 20 years
old; 50 percent or more of the existing external walls of the residence must be retained in place as external
walls; 75% or more of the existing external walls of the residence must be retained as either internal or
external walls; at least 75% of the existing internal structural frameWork must be retained in place; and the
expenditures incurred in the rehabilitation must be equal to at least 25% of the borrower's adjusted basis in
the residence.
371
(Rev. 8/00)
APPliCATION INFORMATION
-,
Where to Aoolv: You may apply for an MCC in person at any participating lender. You may
apply for an MCC through only one lending office. Any lender who has completed and filed a Lender
Participation Agreement with the Program Administrator may participate in the Program. If your lender is
not a participating Lender, have them contact the Program Administrator for a copy of the Lender
Participation Agreement. Lenders are not required to participate in this Program.
How to Aoolv: At the time ofMCC application, you will need to supply the Lender with general
credit information such as account numbers for loans, credit cards, and bank accounts and a check for
$50.00 for the MCC Commitment Fee. This fee is non-refundable. After you have made application., the
Lender will forward your application to the Trustee. Upon receipt of a qualifying application., the Trustee
will issue an MCC Commitment Letter which will reserve an MCC for three months for a loan for Existing
Housing and six months for a loan for New Housing or a Qualified Rehabilitation Loan. At loan closing
and upon submission of the required Program documents in compliance with the guidelines and an MCC
Issuance Fee of $150.00, the MCC will be issued directly to you. A simplified, one-step procedure is
available for Qualified Home Improvement Loans upon the payment of a single MCC Home hnprovement
Fee of $75.00. Extensions are allowed upon request and the submission ofa $25.00 MCC Extension Fee.
MCC's cannot be transferred from one lender to another. In the event you desire to change lenders, the
MCC application and commitment will be revoked and the application process must start over with the new
lender.
FOR FURTHER INFORMATION
Please direct any inquiries you may have about our Program to one of the participating Lenders. If
you are not able to obtain sufficient information in this manner, you may telephone us at (361) 880-3087.
Information Guides also are available through the Lenders. This Guide is a general swnmary of an
extremely complex and technical program. Although we have attempted to ensure the accuracy of this
Guide, it is subject to federal regulations, the Program documents, and to change without notice.
PARI1CIPAI1NG LENDERS
Access Capital Mortgage
5801 S. Staptes, Ste. H
Corpus Cluisti, TX 78413
Allied Mortgage Capital
4639 Corona, Suile 66
Corpus Cluisti, TX 78411
American Bank. N.A.
5120 S.P.l.D.
Corpus Cluisti, TX 78411
Coastal Bend Mortgage, Inc.
5151 Fl}llIl Parkway, Ste. 114
Corpus Cluisti, TX 78411
Community 1st Mortgage
500l-C John Stockbauer
Victoria, TX 77904
CTX Mortgage
5350 S. Staptes, #t25
Corpus Cluisti, TX 78411
1st Commerce Mortgage
2037 Airline
Corpus Cluisti, TX 78412
FirstCapital Bank
P.O. Box 2118
Victoria, TX 77902-9956
First Community Bank, N.A.
5406 Everhart Road
Corpus Cluisti, TX 78411
First Texan Mortgage Group, Inc.
4639 Corona, #34
Corpus Christi, TX 78411
Frost Mortgage Services
6230 S. Staples
Corpus Christi, TX 78413
Independent Mortgage
4535 S. Padre Island Dr. Ste. 30
Corpus Christi, TX 78411
Countrywide Home Loans, Inc.
6537 S. Staples, Suite 110
Corpus Cluisti, TX 78413
Crossland Mortgage Corp.
4444 Corona, #127
Corpus Christi, TX 78411
F:\lI""""\CB-Info Gu;de-OO.doc
4
374
Irwin Mortgage Corporation
5656 So. Staptes, Ste. 200
Corpus Cluisti, TX 78411
Milestone Mortgage Corporation
3200 Wilcrest, Suite 305
Houston, TX 77042
Monument Financial Services
501 S. Tancahua
Corpus Christi, TX 78401
Mortgage Associates Corpus Christi
6262 Weber, Suite 208
Corpus Christi, TX 78413
Norwest Mortgage, Inc.
4881 Saraloga
Corpus Cluisti, TX 78413
Residential Texas Mortgage
2820 S.P.l.D. Ste. 200
Corpus Cluisti, TX 78401
(Rev. 8/00)
39
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
ANNUAL MEETING
DATE:
Tuesday,August22,2000
TIME:
During the meeting of the City Council beginning at 12 p.m.
PLACE:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. Betty Jean Longoria, President calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Betty Jean Longoria, President
Rex A. Kinnison, Vice President
Javier Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
John Longoria
Samuel L. Neal, Jr.
Marl< Scott
3. Approve Minutes of June 13, 2000.
4. Financial Report.
5. General Manager's Report.
Officers
w. Thomas Utter, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Jorge Cruz-Aedo, Treasurer
Michael Harty, Asst. Treasurer
6. Authorizing the execution of an agreement amendment with Nueces County
Community Action Agency (NCCAA) to provide an additional $160,000 from the
HOME Program for the homebuyer grant program.
7. Authorizing Execution of an Agreement with TG-110, Inc. to provide an additional
$102,500 from the HOME Program for rehabilitation of the Lexington Manor
Apartments.
8. Authorizing the amendment of the agreement with the Community Development
Corporation (CDC) to increase the Homebuyer Assistance Program to $15,000 and
to extend the program for two additional years.
9. Public Comment.
10. Adjournment.
375
Memorandum
~
TO:
Board Members of the Corpus Christi Community Improvement Corporation
FROM:
W. Thomas Utter, Assistant City Manager
DATE:
August 17, 2000
SUBJECT: Request for Annual Meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) on August 22, 2000
I am requesting that the annual meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) be held during the Council meeting of August 22, 2000 to consider
the following items:
1. Election of Officers: Each year at its annual meeting, the CCCIC elects officers. The
office of President is currently held by Betty Jean Longoria, while the position of Vice
President is held by Rex A. Kinnison. The remaining positions are functionary positions
in nature which traditionally are held by staff. We recommend that the functionary
positions currently held by staff be re-elected.
2. General Manager's Report: The CCCIC was originally incorporated as a nonprofit.
Corporation in 1976 as the Corpus Christi Housing Improvement Corporation. The
Corporation was originally intended to simply provide a vehicle for the City's single
family rehabilitation program; however, over the years the Corporation has taken a
broader role in not only handling CDBG funds, but also HOME funds, certain ESG
funds, and special CDBG projects for the City. Over $24 million of funding has been
generated through the CCCIC and approximately 4,500 units have been assisted
through the CCCIC's many programs.
The CCCIC began a partnership with the CCHFC in June 1996 to assist 4,000 units by
the end of the year 2000. Through July 2000, the two corporations and their programs
have assisted 4,457 units and have generated over $100 million for these assistance
programs (more complete descriptions of the programs are included within the
CCHFC's annual meeting material).
The CCCIC also has undertaken a number of other community improvement programs
which are all satisfactorily moving forward. An example of the different types of
programs is the complete renovation of the old Police Department facility into a leased
facility for the Workforce Development Corporation. This project was accomplished
both with funds of the corporation as well as a loan from a consortium of local banks.
3. Authorizing the execution of an agreement amendment with Nueces County
Community Action Agency (NCCAA) to provide an additional $160,000 from the
HOME Program for the home buyer grant program.
376
In July 1999, Nueces County Community Action Agency (NCCAA), a City certified
CHDO, received $340,000 from the HOME Program that provides $10,000 home buyer
assistance to 34 first-time home buyers for down payment assistance, principle
reduction and closing costs. Home buyer assistance is a deferred, forgivable no
interest loan that buys down the cost of a new home to make it affordable for low
income families and will be amortized over a period of ten (10) years.
About the same time, the CCCIC also authorized a Home Buyer Assistance Program
for New Construction, administered through the Housing & Community Development
Department, that provides $15,000 home buyer assistance to be amortized over a 15-
year period.
NCCAA recruits potential homebuyers for their program but is losing their applicants
to the City since the CCCIC has a $15,000 homebuyer assistance program. The
NCCAA is therefore requesting an additional $160,000 to increase the $10,000
homebuyer assistance to $15,000 to be competitive with the CCCIC homebuyer
program. This assistance goes directly to the homebuyer to buy down the cost of home
to make it more affordable.
The City Council appropriates HOME Program funds for those activities approved by
the Council and authorizes program implementation through the CCCIC. The CCCIC
has the discretion to allocate funds for affordable housing activities to nonprofit
agencies and Community Housing Development Organizations (CHDO).
I am recommending approval of this amendment. Attachment #1 is an agreement
summary describing the terms and conditions.
4. Authorizing execution of an agreement with TG-110, Inc. to provide an additional
$102,500 from the HOME Program for rehabilitation of the Lexington Manor
Apartments: In May 1998, the CCCIC appropriated $239,100 in HOME funds to TG-
110, Inc. (a City-certified CHDO) to assist in rehabilitation of the Lexington Manor
Apartments. An additional $150,000 was appropriated in March 1999 and the project
has moved along very well. The rehabilitation is in its final stages and the organization
has requested an additional $102,500 which will accomplish encapsulation of asphalt
asbestos floor tile which was found. TG-110, Inc. is contributing over $2 million to the
project rehabilitation and if this amendment is approved, the CCCIC will have provided
$491,600. We believe this is an excellent project which has already shown tremendous
improvements in the project, and we recommend approval. I have attached a
breakdown of the proposed project as Attachment #2.
5. Authorizing the amendment of the agreement with the Corpus Christi Community
Development Corporation (CCCDC) to increase the Homebuyer Assistance
Program to $15,000 and to extend the program for two additional years: The
CCCDC, created in 1996, allows banks to make Office of the Comptroller approved
investments in the corporation which then can undertake a wide range of community
development and redevelopment activities. The CCCDC is a state-chartered
corporation with principal membership from local banks. The CCCDC has as its two
purposes the provision of affordable housing and small business assistance.
377
Under the affordable housing provision, the Board of Directors of the CCCIC, through
the HOME Program, provided $500,000 for a new construction single family housing
initiative in 1996. Under this program, the Board approved using $10,000 homebuyer
assistance to buy down the cost of a new home and for closing costs. The $10,000
deferred forgivable 0% interest loan was amortized over a period of 10 years and will
be forgiven if the homeowner stays in the house for the next 1 O-year period.
Since the initial approval of the Homebuyer Assistance Program, inflation and rising
construction and interest costs have made the program ineffective insofar as making
affordable housing available to low and moderate income families. On July 27, 1999,
the Board of Directors of the CCCIC approved increasing the CCCIC Homebuyer
Assistance Program to $15,000 amortized over 15 years to meet the needs of low and
moderate income families. This amended and restated contracted incorporates these
provisions into the CCCDC contract and extends the program for two additional years
(see Attachment #3).
. ~tui
W. Thomas Utter
Assistant City Manager
378
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
JUNE 13, 2000
5:21 p.m.
PRESENT
Board of Directors
Betty Jean Longoria, President
Rex A. Kinnison, Vice President
Javier Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
John Longoria
Samuel L. Neal Jr.
Mark Scott*
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Michael Harty, Assistant Treasurer
President Betty Jean Longoria called the meeting to order in the Council Chambers of City Hall. Secretary
Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had
been properly posted.
PresidentB. Longoria called for approval of the minutes of the February 8, 2000 meeting. Dr. Gonzales made
a motion to approve the minutes, seconded by Mr. Kinnison, and passed unanimously (J. Longoria absent).
*Mark Scott arrived at 5:23 p.m.
President B. Longoria called for discussion of the financial report. General Manager Tom Utter said there
was no financial report at this time.
President B. Longoria opened discussion on Item 5, appointment of Treasurer. Mrs. B. Longoria made a
motion to appoint Jorge Cruz-Aedo, Director of Finance, seconded by Mr. J. Longoria, and passed unanimously.
President B. Longoria opened discussion on Item 6, appointment of CCCIC Loan Review Committee
members. Mr. Longoria made a motion to appoint Randy Farrar and reappoint Alice Vaughan, Alynda Asher, Ben
Grande, and Caroline Stahl, seconded by Mr. Scott, and passed unanimously.
President B. Longoria opened discussion on Item 7, authorization of acquisition of lots for summer youth
works program. General Manager Utter explained the eight lots would be purchased at Elizabeth and 19th Streets
to be used as construction sites for the three homes to be built under the Youth Works Program. He said the program
provides at-risk youth the opportunity to get involved in the building trades and pursue a career after the program
is over. Mr. Utter stated that the new construction will provide homes to low income families under the new
HOME program. President B. Longoria called for a voice vote and the motion passed as follows:
7. Authorization of acquisition of Lots 33-40, Block 1602, Bay Terrace #2 Subdivision in the amount of
$19,084 for the Summer Youth Works Program
The foregoing motion passed by the following vote: B. Longoria, Cooper, Colmenero, Garrett, Gonzales,
'innison, J. Longoria, Neal and Scott voting "Aye".
President Longoria called for comments from the audience, and there were none. There was no additional
business. She declared the meeting adjourned at 5:28 p.m. on June 13,2000.
379
~
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED BALANCE SHEET
JUNE 30, 2000
Loan Program Special Project HOME Program
Fund Fund Fund Total
ASSETS
Cash and investments $1,191,328 $6,909 $199,028 $1,397,265
Due from U S Government 1,656 0 815,826 817,482
Mortgages receivable 10,407,543 0 4,961,906 15,369,449
Accrued interest receivable 535 7,649 0 8,184
Due from Seawall Trust Fund 0 61,570 0 61,570
Loan receivable 0 105,209 0 105,209
Leasehold improvements (net of
accumulated amortization) 641,505 0 0 641,505
Investment in property (net of
accumulated depreciation) 227,512 21,047 0 248,559
Total assets $12,470.079 $202,384 $5,976.760 $18,649,223
LIABILITIES AND FUND BALANCE -,
Liabilities:
Accounts payable $629.375 $0 $909,781 $1,539,156
Bank note payable 531,970 0 0 531,970
Total liabilities 1,161,345 0 909,781 2,071,126
Fund Balance:
Reserved for WDC project 237,138 0 0 237,138
Reserved for Kids in the Neighborhood 84,443 0 0 84,443
Reserved for HOME program 462,788 0 0 462,788
Reserved for mortgages 10,407,543 0 4,961,906 15,369,449
Reserved for Seawall loan 0 145,000 0 145,000
Unreserved 116,822 57,384 105,073 279,279
Total fund balance 11,308,734 202,384 5,066,979 16,578,097
Totalliabiiities and fund balance $12.470,079 $202,384 $5,976,760 $18,649,223
380
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
FOR THE ELEVEN MONTHS ENDED JUNE 30, 2000
Loan Program Special Project HOME Program
Fund Fund Fund Total
Revenues:
Contribution from Federal Govemment $0 $0 $1,787,460 $1,787,460
Interest on loans 84,772 0 23,309 108,081
Interest on investments 32,842 7,681 . 545 41,068
Rental income 87,262 0 0 87,262
Miscellaneous 6,190 0 0 6,190
Total revenues 211,066 7,681 1,811,314 2.030,061
Expenditures:
Grants 45,159 0 441,154 486,313
Warranty Work 55,127 0 350 55,477
Community Development administration 0 0 34,406 34,406
Loan processing 0 0 104,735 104,735
Accounting services 0 0 24,038 24,038
Interest expense 33,148 0 0 33,148
Miscellaneous 304 0 197 501
Accumulated amortization-
forgivable loans 2,978 0 529,066 532,044
leasehold improvements 102,269 0 0 102,269
Accumulated depreciation - building 6,837 0 0 6,837
Total expenditures 245,822 0 1,133,946 1,379.768
Excess of revenues over expenditures (34,756) 7,681 677,368 650,293
Other financing sources(uses):
Operating transfers in (out):
Transfer From Federal/State Grant Fund 0 0 0 0
Transfer to Federal/State Grant Fund (38,570) 0 0 (38,570)
.
Total other finanCing sources(uses) (38,570) 0 0 (38,570)
Excess (Deficit)of revenues and other financing
sources over expenditures and other uses (73,326) 7,681 677,368 611,723
Fund balances at August 1, 1999 11,382,060 194,703 4,389,611 15,966,374
Fund balances at June 30, 2000 $11,308,734 $202,384 $5,066,979 $16,578,097
381
Nueces County Community Action Agency
Home for Independence
NCCAA AGREEMENT AMENDMENT SUMMARY
-,
1. ALLOCATION
$340,000 from the HOME Program
$160.000 additional CHDO funds from Home Program
$500,000 total Home Buyer Assistance
2. SCOPE OF PROJECT
Develop 34 single family dwellings for low to moderate income families by providing a
deferred, forgivable no interest loan of $15,000 for down payment, principle reduction and
closing costs. The loan will be amortized over a period of 15 years commencing on the
closure date.
3. SUBRECIPIENT'S RESPONSIBILITY
a. Provide access to all documents, records related to project.
b. Indemnify the City of Corpus Christi and the CCCIC and hold the City of Corpus Christi
and CCCIC harmless.
c. Acquire and maintain the following insurance coverages:
- General liability minimum of $1,000,000 personal injury and $100,000 for property -,
damage.
Fire and extended coverage in the amount sufficient to cover replacement cost.
CHDO shall provide City/CCCIC with certificates of insurance reflecting
all coverages.
e. CHDO shall comply with all applicable federal, state, and local laws, regulations and
ordinances.
4. TERM
This agreement shall commence on the date of execution by the CHDO and the CCCIC
and shall terminate on July 31,2001.
5. CHANGES AND AMENDMENTS
Modifications which do not change the essential scope and purpose of this Agreement
may be approved on behalf of the CCCIC by the General Manager.
6. TERMINATION
In the event CHDO fails to comply with any term of this agreement, CCCIC may take one
or more of the following actions: Temporarily withhold cash payments; Disallow all or part
of the cost of the activity or action not in compliance; Withhold further HOME awards from
CHDO; Take other remedies that may be legally available.
382
Attachment 1
TG-110, INC. HOME CHDO AGREEMENT SUMMARY
AMENDMENT NO.3
I.
HOME ALLOCATION:
$ 239,100 - CHDO funds, May 12, 1998
$ 150,000 - CHDO funds, March 30, 1999
$ 102.500 - CHDO funds, August 22,2000
$ 491,600 - Total
II. BUDGET:
Architectural/Professional Fees
Rehabilitation
Total Budget
$14,100
477.500
$491,600
TG-110, Inc. is contributing approximately $ 2,028,240 to the project.
III. SCOPE OF PROJECT: Improvements to the facility located at 3126 B. Ray
Ellison
IV. USE OF FACILITIES: Affordable rental housing facilities for low income families.
V. CONSTRUCTION COMPLETION: June 1, 2001
VI. SUBRECIPIENT'S RESPONSIBILITY:
a. Provide access to all documents, records related to project
b. Indemnify the City of Corpus Christi and CCCIC and hold the City of Corpus
Christi and CCCIC harmless.
c. Acquire and maintain the following insurance coverages:
- Comprehensive General Liability Insurance with a personal/bodily injury
endorsement in the minimum of $500,000 per person/$1,000,OOO per
occurrence and $100,000 for property damage arising out of each
occurrence. The Comprehensive General Liability shall include a
Contractual Liability endorsement. Said insurance policy shall name the
City and CCCIC as an additional insured.
- Fire and extended coverage in the amount sufficient to cover replacement
cost of the Facilities.
- Builder's Risk Insurance.
d. Comply with local, state and federal requirements
e. Provide any additional funds needed for the completion ofthe improvements
VII. TERM: This agreement shall commence on the date of execution by the CHDO and
the CCCIC and shall terminate on June 1, 2001. TG-110, Inc., must meet the
AFFORDABILlTY requirements specified at 24 CFR Part 92.252 for not less than
15 years. The affordability requirements are binding upon the successors, assigns
and transferees.
VIII. CHANGES AND AMENDMENTS: Modifications which do not change the essential
scope and purpose of the agreement may be approved by the City Manager.
IX. TERMINATION: In the event that CHDO fails to comply with any term of this
agreement, CCCIC may take one or more of the following actions: temporarily
withhold cash payments; disallow all or part of the cost of the activity or action not
in compliance; withhold further HOME awards from CHDO; take other remedies that
may be legally available. 383
Attachment 2
-,
COMMUNITY DEVELOPMENT CORPORATION AGREEMENT
(AMENDED AND RESTATED AGREEMENT)
STATE OF TEXAS
~
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES ~
SECTION 1. PARTIES TO AGREEMENT
This agreement amends and restates the provisions of a previous Agreement between
the parties which was effective May 21, 1996 and is made and entered into by and between the
Corpus Ch.risti Community Improvement Corporation, a nonprofit corporation organized under the
laws of the State of Texas, hereinafter referred to as (CCCIC) and the Corpus Christi Community
Development Corporation, a business corporation organized under the laws of the State of Texas,
hereinafter referred to as the (CDC). The parties hereto have severally and collectively agreed and
by the execution hereof are bound to the mutual obligations and to the performancc and
accomplishment of the tasks described herein.
SECTION 2. AGREEMENT PERIOD
This agreement shall commence on May 2 I, 1996 and shall terminate on July 31, 2002,
wlless otherwise specifically provided by the terms of this agreement,
SECTION 3. CDC PERFORMANCE
CDC shall administer an affordable housing program in accordance with the HOME
Investment Partnerships Act of 1990,42 U.S.c. 9912701-12840 and implementing regulations
contained in 24 CFR Part 92; TEX. Gov'T CODE, Chapter 2306 and the HOME Investment
Partnerships Program Rules contained in lOT AC Part I; and the HOME Program Guidelines and
Application Package. CDC shall perform all activities in accordance with the terms of the
Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as
Exhibit B; the Applicable Laws and Regulations, hereinafter referred to as Exhibit C; the
Certifications, hereinafter referred to as Exhibit D; the assurances, certifications, and all other
statements made by CDC in its application for the project funded under this agreement; and with all
other terms, provisions, and requirements set forth in this agreement.
1.3 Budget and Construction Schedule. Subrecipient will provide an estimated project
budget and project construction schedule based upon the proposed Improvements listed above, which
budget and construction schedule will be attached hereto and made a part hereof for all purposes as
Exhibit I. Ten days prior to award of any contract pursuant to this Agreement, Subrecipient will
provide a finalized budget, which includes a schedule of costs of completion, and a schedule of
completion for the various aspects of construction for Improvements to the Facilities which will be
substituted for the then existing Exhibit I and will become Exhibit I of this contract for all purposes.
BDMlOO1l430.01O
Attachment 3
384
SECTION 4. CCCIC OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in Section 3
of this agreement, CCCIC shall be liable for payment of actual and reasonable costs incurred by
CDC during the agreement period for performances rendered under this agreement by CDC, subject
to the limitations set forth in this Section 4.
I. It is expressly understood and agreed by the parties hereto that CCCIC's obligations under
this Section 4 are contingent upon the actual receipt of adequate federal funds to meet
CCCIC's liabilities under this agreement. If adequate funds are not available to make
payments uIlderihis agreement, CCCIC shail notify CDC in "'Titing within a reasonable time
after such fact is determined. CCCIC shali then terminate this agreement and will not be
liable for failure to make payments to CDC under this agr<;:ement.
2. CCCIC shall not be liable to CDC for any costs incurred by CDC, or any portion thereof,
which has been paid to CDC or is subject to payment to CDC, or has been reimbursed to
CDC or is subject to reimbursement to CDC by any source other than CCCIC or CDC.
3. CCCIC shall not be liable to CDC for any costs incurred by CDC which are not allowable
costs, as set forth in 24 CFR 992.206 and Section 6 o[this agreement. Funds provided under
this agreement may not be used for paym<;:nt of prohibited activities as defined in
24 CFR 992.214.
4. CCCIC shall not be liable to CDC for any costs incurred by CDC or for any performances
rendered by CDC which are not strictly in accordance with the terms of this agreement,
including the terms of Exhibit A, Exhibit B, Exhibit C, and Exhibit D of this agreement.
5. CCCIC shall not be liable for costs incurred or performances rendered by CDC before
commencement of this agreement or after termination of this agreement.
B. Limit of Liability
Notwithstanding any other provision of this agreement, the total of ail payments and other
obligations incurred by CCCIC under this agreement shall not exceed the sum of Five Hundred
Thousand and No/IOO Dollars ($500,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. CCCIC will reimburse eligible costs incurred under this agreement in accordance with
the requirements of 24 CFR 992.502. CDC may not request disbursement of funds under this
agreement until the funds are needed for payment of eligible costs. The amount of each request must
be limited to the amount needed.
B. It is expressly understood and agreed by the parties hereto that payments under this
BOM/OO/1430.01O
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2
agreement are contingent upon CDC's full and satisfactory performance of its obligations under this
agreement. CCCIC reserves the right to recapture funds provided under this agreement in the event
CCCIC determines that CDC will be unable to commit funds within the prescribed time as
determined by CCCIC.
~
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this agreement shall not preclude the
exercise of any other right or remedy under this agreement or under any provision oflaw, nor shall
any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or
remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right
to exercise that or any other right or remedy at any time.
SECTION 6. UNIFORiH ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES
AND PROGRAM INCOME
A. Except as specified in Subsection (B), CDC shall comply with the requirements ofOMB
Circulars NO. A-87 and 24 CFR 9985.6. 85.12, 85.20, 85.22. 85.26. 85.35, 85.36, 85.44, 85.51, and
85.52. CDC shall maintain records of the receipI. accruaL and disposition of all program income in
the same manner as rcquired for all other funds under this agreement. CDC shall provide reports of
program income as requested by CCCIC and at the termination of this agreement.
B. Non-profit organizations must comply with applicable regulations under OMB Circular
Numbers A-IIO and A-122 pursuant to 24 CFR 992.505.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. CDC must establish and maintain those records listed under 24 CFR 992.508 and other
records as may be determined by CCCIC.
B. CDC shall give the CCCIC, the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books, accounts, records, reports,
files, and other papers, things, or property belonging to or in use by CDC pertaining to this
agreement. Such rights to access shall continue as long as the records are retained by CDC. CDC
agrees to maintain such records in an accessible location.
C. All records pertinent to this agreement shall be retained by CDC for three years following
the date of termination of this agreement or of submission of the final close-out report, whichever
is later, with the following exceptions:
I. If any litigation, claim or audit is started before the expiration of the three-year period and
extends beyond the three-year period, the records will be maintained until all litigation,
claims or audit findings involving the records have been resolved.
2. Records relating to real property acquisition shall be retained for the period of
affordability required under 24 CFR 992.254 or 24 CFR 992.252 as applicable.
BDMlOOll43001O 3
386
3. Records covering displacement and acquisitions must be retained for at least three years
after the date by which all persons displaced from the property and all persons whose
property is acquired for the project have received the final payment to which they are entitled
in accordance VoIith 24 CFR 992.353.
O. COC shall include the substance of this Section 7 in all subcontracts.
E. COC must provide citizens, public agencies, and other interested parties with reasonable
access to records consistent with the TEX. Gov'T CODE, Chapter 552.
SECTION 8. REPORTING REQUIREMENTS
A. COC shall submit to CCCIC such reporls on the operation and performance of tIlis
agreement as may be required by CCCIC including but not limited to the reports specified in this
Section 8. COC shall provide CCCIC with all reports necessary for CCCIC's complia'lce with
24 crR S92.509 and 24 CFR Subpa11 L.
B. In addition to the limitations on liability otherwise specified in this agreement, it is
expressly understood and agreed by the parties hereto that if COC fails to submit to CCCIC in a
timely and satisfactory manner any report required by this agreement, CCCIC may, at its sole option
and in its sole discretion, withhold any or all payments otherwise due or requested by COC
hereunder. If CCCIC withholds such payments, it shall notifY COC in writing of its decision and
the reasons therefore. Payments withheld pursuant to this paragraph may be held by CCCIC until
such time as the delinquent obligations for which funds are withheld are fulfilled by COCo
SECTION 9. MONITORING
The CCCIC reserves the right to, from time to time, carry out field inspections to ensure
compliance with the requirements of this agreement. After each monitoring visit, CCCIC shall
provide COC with a written report of the monitor's findings. If the monitoring reports note
deficiencies in COCOs performances under the terms of this agreement, the monitoring report shall
include requirements for the timely correction of such deficiencies by COCo Failure by COC to take
action specified in the monitoring report may be cause for suspension or termination of this
agreement, as provided in Sections 17 and 18 of this agreement.
SECTION 10. INDEPENDENT CONTRACTOR
A. It is expressly understood and agreed by the parties hereto that CCCIC is contracting with
COC as an independent contractor, and that COC, as such, agrees to hold CCCIC harmless and to
indemnifY CCCIC from and against any and all claims, demands, and causes of action of every kind
and character which may be asserted by any third party occurring or in any way incident to, arising
out of, or in connection with the services to be performed by COC under this agreement.
B. COC agrees that it will indemnifY and hold City, its officers, agents, servants and
employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages,
losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account
BOMl0011430.01O
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4
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of injury or damage to person or property to the extent any such damage or injury may be incident
to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission,
negligence or misconduct on the part of CDC or any of its officers, agents, servants, or employees,
pursuant to this Agreement, or when any such injury or damage is the result, proximate or remote,
ofthe violation by CDC, or any of its officers, agents, servants, or employees of any law, ordinance,
or governmental order of any kind, or out of the administration of the program by CDC, its officers,
agents, servants, or employees.
These terms of indemnification shall be effective whether such injury or damage may result
from the sole negligence, contributory negligence, or concurrent negligence oflndemnities; but not
if such damage or injury may result from gross negligence or willful misconduct of Indemnities.
CDC covenants and agrees that, in case City shall be made a party to any litigation against
CDC or in any litigation commenced by any party other than CDC relating to this Agreement. CDC
shaH and will pay all costs and expenses. including reasonable attorneys' fees and court costs
incurred by or imposed upon City by vi11:.:e ofar;y such litigation.
SECTION It. SUBCONTRACTS
A. Except [or subcontracts to which the federal labor standards requirements apply, CDC
may not subcontract for performances described in this agreement without obtaining CCCIC's prior
written approval. CDC shall only subcontract for performances described in this agreement to which
the federal labor standards rcquirements apply after CDC has submitted a Subcontractor Eligibility
form, as specified by CCCIC, for each such proposed subcontract, and CDC has obtained CCCIC's
prior written approval, based on the information submitted, of CDC's intent to enter into such
proposed subcontract. CDC, in subcontracting for any performances described in this agreement,
expressly understands that in entering into such subcontracts, CCCIC is not in any manner liable to
CDC's subcontractor(s).
B. In no event shall any provision of this Section I I, specifically the requirement that CDC
obtain CCCI C's prior written approval of a subcontractor's eligibility, be construed as relieving CDC
of the responsibility for ensuring that the performances rendered under all subcontracts are rendered
so as to comply with all of the terms of this agreement, as if such performances rendered were
rendered by CDC. CCCIC's approval of subcontractor's eligibility under this Section I I does not
constitute adoption, ratification, or acceptance ofCDC's or subcontractor's performance hereunder.
The act of approval of subcontractor's eligibility under this Section I I does not waive any right of
action which may exist or which may subsequently accrue to CCCIC under this agreement. CCCIC
retains at all times the right to insist upon CDC's full compliance with the terms of this agreement.
C. CDC shall comply with all applicable federal, state, and local laws, regulations, and
ordinances for making procurements under this agreement.
D. CDC shall comply with all applicable federal, state, and local laws, regulations, and
ordinances for the term of this agreement.
BDMlOO1l430.01O
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5
SECTION 12. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officer or elected or appointed official
of CCCI C that receives funds and who exercises or has exercised any functions or responsibilities
with respect to activities assisted with funds provided under this agreement or (2) who is in a
position to participate in a decision making process or gain inside information with regard to such
activities may obtain a personal or financial interest or benefit from a HOME assisted activity, or
have an interest in any agreement, subcontract, or contract (or the proceeds thereof) with respect to
a HOME assisted activity either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter. CDC shall ensure compliance with applicable
provisions under 24 CFR S85.36 and OMB Circular A-IlO in the procurement of property and
servIces.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. CDC shall ensure that no person shall on the grounds of race, color,
religion, sex, handicap, familial status, or national origin be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds provided under this agreement. In addition, funds provided under this
agreement must be made available in accordance with the requirem::nts of Section 3 of the Housing
and Urban Development Act of 1968 (12 U.S.c. S1701u) that:
1. To the greatest extent feasible, opportunities for training and employment arising in
connection with the planning and carrying out of any project assisted with HOME funds
provided under this agreement be given to low-income persons residing within the general
local government area or metropolitan area or nonmetropolitan county in which the project
is located; and
2. To the greatest extent feasible, agreements for work to be performed in connection with
any such project be awarded to business concerns, including, but not limited to, individuals
or firms doing business in the field of planning, consulting, design, architecture, building
construction, rehabilitation, maintenance, or repair, which are located in or owned in
substantial part by persons residing in the same metropolitan area or nonmetropolitan county
as the project.
B. Religious Organizations. In accordance with 24 CFR S92.257, funds provided under this
agreement may not be provided to primarily religious organizations, such as churches, for any
activity including secular activities; funds provided under this agreement may not be used to
rehabilitate or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing; the completed housing project must be used exclusively
by the owner entity for secular purposes and must be available to all persons regardless of religion;
and there must be no religious or membership criteria for tenants of the property.
SECTION 14. LEGAL AUTHORITY
A. CDC assures and guarantees that CDC possesses the legal authority to enter into this
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agreement, receive funds authorized by this agreement, and to perform the services CDC has
obligated itself to perform hereunder.
B. The person or persons signing and executing this agreement on behalf of CDC, or
representing themselves as signing and executing this agreement on behalf of CDC, do hereby
warrant and guarantee that he, she or they have been duly authorized by CDC to execute this
agreement on behalf of CDC and to validly and legally bind CDC to all terms, performances, and
provisions herein set forth.
C. CDC shall not employ, award contract to, or fund any person that has been debarred,
suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing
and Urban Development. In addition, CCCIC shall have the right to suspend or terminate this
agreement if CDC is debarred, suspended, proposed for debarment, or ineligible from pat1icipating
in the HOME Program.
SECTION 15. LITIGATION AND CLAIMS
CDC shall give CCCIC immediate notice in wnnng of 1) any action. including any
proceeding before an administrative agency filed against CDC in connection with this agreement;
and 2) any claim against CDC, the cost and expense of\'ihich CDC may be entitled 10 be reimbursed
by CCCIC. Except as otherwise directed by CCCIC. CDC shall furnish immediately to CCCIC
copies of all pertinr.:nt papers receivd by CDC with respect to such action or claim.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this agreement. any alterations, additions,
or deletions to the terms of this agreement shall be by amendment hereto in writing and executed by
both parties to this agreement. Modifications which do not change the essential scope and purpose
ofthis Agreement may be approved on behalf of the CCCIC by the General Manager.
B. It is understood and agreed by the parties hereto that performances under this agreement
must be rendered in accordance with the HOME Investment Partnerships Act of 1990,
42 U.S.C. 12701-12840, the regulations promulgated under such Act, the assurances and
certifications made to CCCIC by CDC, and the assurances and certifications made to the United
States Department of Housing and Urban Development by CCCIC with regard to the operation of
the HOME Program. Based on these considerations, and in order to ensure the legal and effective
performance of this agreement by both parties, it is agreed by the parties hereto that the performances
under this agreement are amended by the provisions of the HOME Program, and any amendments
thereto and may further be amended in the following manner: The Department of Housing and Urban
Development may from time to time during the period of performance of this agreement issue policy
directives which serve to establish, interpret, or clarifY performance requirements under this
agreement. Such policy directives shall be promulgated by the Manager of the HOME Program in
the form of HOME Issuances, shall have the effect of modifYing the terms of this agreement and
shall be binding upon CDC, as if written herein, provided however that said policy directives and
any amendments shall not alter the terms of this agreement so as to release CCCIC of any obligation
specified in Section 4 of this agreement to reimburse costs incurred by CDC prior to the effective
BDMlOOll430010
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date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this agreement which are required
by changes in F ederallaw or regulations are automatically incorporated into this agreement without
written amendment hereto, and shall become effective on the date designated by such law or
regulation. The CCCIC or CDC may require written changes or amendments to this Agreement
when any substantial alterations, additions, or deletions to the terms of this agreement are required
by changes in Federal law or regulations.
SECTION 17. SUSPENSION
In the event CDC fails to comply with any term of this agreement, CCCIC may, upon written
notification to CDC, suspend this agreement in whole or in part and withhold ti.ll1her payments to
CDC, and prohibit CDC from incurring additional obligations offunds under this agreement.
SECTION 18. TERMINATION
The CCCIC may terminate this Agreement in whole or in part, in accordance with 24 CFR S85.43
and this Section 18. In the event CDC materially fails as determined by CCCIC to comply with any
term of this agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan
or application, a notice of award, or elsewhere. CCCIC may take one or more of the following
actions:
I. Temporarily withhold cash payments pending correction of the deficiency by the CDC
or take more severe enforcement action against CDC.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further HOME awards from CDC.
4. Take other remedies that may be legally available as determined by the CCCI C, to comply
with the terms of this agreement, CCCIC may terminate this agreement for convenience in
accordance with 24 CFR S85.44.
SECTION 19. AUDIT
A. Unless otherwise directed by CCCI C, CDC shall arrange for the performance of an annual
financial and compliance audit of funds received and performances rendered under this agreement,
subject of the following conditions and limitations:
I. CDC shall have an audit made in accordance with 24 CFR S92.506, the Single Audit Act
ofI984,3 I U.S.C. S7501-7507, and either OMB Circular No. 128, Audits of State and Local
Govemmentsn, 50 Fed. Reg. 19114 (May 6,1985),24 CFR Part 44, or OMB Circular 133
for any of its fiscal years included within the agreement period specified in Section 2 of this
agreement in which CDC receives more than $25,000 in Federal financial assistance
provided by a Federal agency in the form of grants, agreements. loans, loan guarantees,
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property, cooperative agreements, interest subsidies, insurance or direct appropriations, but
does not include direct federal cash assistance to individuals. The term includes awards of
Federal financial assistance received directly from Federal agencies, or indirectly through
other units of State and local government;
2. At the option of CDC, each audit required by this section may cover either CDC's entire
operations or each department, agency, or establishment ofCDC which received, expended
or otherwise administered federal funds.
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), CDC may utilize funds budgeted
under this agreement to pay for that portion of the cost of such audit services properly
allocable to the activities funded by CCCIC under this agreement, provided however that
CCCIC shall not make payment for the cost of such audit services until CCCIC has received
such audit report from CDC.
4. Unless othenvisc specifically authorized by CCC!C in writing, CDC shall submit the
report of such audit to CCCIC within thirty (30) days after completion of the audit, but no
later than one (1) year after the end of each federal fiscal period included within the period
of this agreement. Audits performed under Subsection A of this Section 19 are subject to
review and resolution by CCCIC or its authorized representative.
5. As part of its audit. CDC shaU verifY expenditures according to the Budget attached as
E;VJlibit B.
B. Notwithstanding Subsection A of this Section 19, CCCIC reserves the right to conduct
an annual financial and compliance audit of funds received and performances rendered under this
agreement. CDC agrees to permit CCCIC or its authorized representative to audit CDC's records
and to obtain any documents, materials, or information necessary to facilitate such audit.
C. CDC understands and agrees that it shall be liable to CCCIC for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this agreement. CDC further
understands and agrees that reimbursement to CCCI C of such disallowed costs shall be paid by CDC
from funds which were not provided or otherwise made available to CDC under this agreement.
D. CDC shall take all necessary actions to facilitate the performance of such audit or audits
conducted pursuant to this Section 19 as CCCIC may require of CDC.
E. All approved HOME audit reports shall be made available for public inspection within
30 days after completion of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. CDC understands and agrees that by the execution of this agreement CCCIC shall assume
the responsibilities for environmental review, decision making, and other actions in accordance with
and to the extent specified in 24 CFR, Part 58.
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SECTION 21. LABOR STANDARDS
All laborers and mechanics employed in the rehabilitation of a project assisted under this
agreement that contains 12 or more dwelling units shall be paid wages at rates as determined by the
Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.c. $}276a-5), and contracts
involving their employment shall be subject to the applicable provisions of the Contract Work Hours
and Safety Standards Act (40 U.S.c. $}$}327-333). Construction contractors and subcontractors,
must comply with regulations issued under these Acts and with other federal laws and regulations
pertaining to labor standards and HUD Handbook 1344. I (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
SECTION 22. SPECIAL CONDITIONS
A. Release of FWIds. CCCIC shall not release any funds for any costs incurred by CDC
under this agreement until CCCIC has received certification from CDC that its fiscal control and
fund accounting procedures are adequate to assure the proper disbursal of and accounting for r;.mds
provided under this agreement. CCCIC shall specifY the content and form of such certification.
B. Affordability. Funds provided wIder this agreement must meet the affordability
requirement of 24 CFR $}92.252 Or 24 CFR $}92.254, as applicable, and the HOME rules. CDC
agrecs to repay all HOME funds governed by this Agreement if the project fails to comply or ceases
to comply with the affordability requirements as set forth herein. The affordability requirements
must continue to be met throughout the term of the agreement and shall be binding upon the
successors, assigns, and transfers of the CDC as required by 24 CFR 992.252 or 24 CFR $}92.254,
as applicable.
C. Repayment. CDC agrees that all repayments, including all interest and any other return
on the investment of HOME funds will be made to CCCIC. CCCIC reserves the right to permit
CDC to retain interest or return on the investment of HOME funds for additional eligible activities
by the CDC.
D. Housing Quality Standards. CDC shall ensure that all rental housing assisted with funds
provided under this agreement shall meet the requirements of24 CFR 992.251 for the duration of
this agreement.
E. Affirmative Marketing. CDC shall adopt and submit for CCCIC's approval affirmative
marketing procedures and requirements, not later than 30 days after the date this agreement is
executed. The affirmative marketing procedures and requirements shall include, but need not be
limited to, those specified in 24 CFR 992.35 I. CCCIC will assess the efforts of the CDC's during
marketing of the program by use of compliance certification or personal monitoring visit to the
various projects at least annually. Where a CDC fails to follow the affirmative marketing
requirements, corrective actions shall include extensive outreach efforts to appropriate contacts to
achieve the goals or other sanctions the CCCIC may deem necessary. CDC must provide CCCIC
with an annual assessment of the affirmative marketing program of the development. The
assessment must include:
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I. Method used to inform the public and potential tenants about federal fair housing laws
and affirmative marketing policy. CDC's advertising regarding this project must include the
equal housing opportunity logo or statement. Advertising media may include newspaper,
radio, television, brochures. leaflets, or may involve simply a sign in a window. CDC may
wish to use community organizations, places of worship, employment centers, fair housing
groups, housing counseling agencies, social service centers or medical service centers as
resources for this outreach.
2. Records describing actions taken by the CDC to affirmatively market the program and
records to assess the results of these actions. CDC must maintain a file containing all
marketing efforts (i.e. copies of newspapers ads, memos of phone calls, copies of letters) to
be available for inspection at least annually by CCCIC.
3. CDC shall solicit applications [or the program from persons in the housing market who
are least likely to apply for the program without benefit of special outreach efforts. In
general, persons who are not of the race/ethnicity of the residcnts of the neighborhoods in
which the program is located shall be considered those least likely to apply.
4. CDC shaH maintain a listing of all participants in the program through the end of the
compliance period.
F. Reversion of Assets. Upon termination of this Agreement, all funds remaining on hand
on the date of termination, and all accounts receivable attributable to the llse offunds received under
this agreement shall revert to CCCIC. CDC shall return these assets to CCCIC within seven (7)
business days after the date of termination.
G. Enforcement of Agreement. CCCIC shall not release any funds for any costs incurred
by CDC under this agreement until CCCIC has received from CDC a legally enforceable agreement
adequate to enforce the affordability requirements of 24 CFR g92.252 or 24 CFR g92.254, as
applicable, with CDC. CDC shall record said agreement in the real property records of the county
where the project is located and return the original document, duly certified as to recordation by the
appropriate county official, to the CCCIC. Receipt of such certified recorded original by the CCCIC
is required prior to issuance of funds under this agreement.
H. Flood Insurance. Funds provided under this agreement may not be used in connection
with acquisition or rehabilitation of a development located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, unless the locality in
which the site is located is participating in the National Flood Insurance Program.
I. Fair Housing. CDC must affirmatively further fair housing according to 24 CFR g92.350
and 24 CFR g570.904(c).
1. Displacement, Relocation, and Acquisition. CDC must ensure that it has taken all
reasonable steps to minimize the displacement of persons (families, business and nonprofit
organizations) as a result of a project assisted with funds provided under this agreement. CDC must
comply with the applicable provisions of24 CFR g92.353.
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SECTION 23. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this agreement relating to the
subject matter of this agreement that were made prior to the execution of this agreement have been
reduced to writing and are contained in this agreement.
B. The attachments enumerated and denominated below are hereby made a part of this
agreement, and constitute promised performances by CDC in accordance with Section 3 of this
agreement:
I. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Applicable Laws and Regulations
4. Exhibit D, Certifications
SECTION 24. JURISDICTION AND VENUE
The laws ofihe State of Texas shall apply to any dispute arising under this Agreement. For
purposes ofIitigation pursuant to this agreement. venue shall lie in Corpus Christi, Nueces County,
Texas where this Agreement was entered into and shall be performed.
SECTION 25. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
CDC shall comply with all federal, state and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the activities
and performances of CDC under this agreement. Upon request by CCCIC, CDC shall furnish
satisfactory proof of its compliance herewith.
Executed in duplicate originals this
day of
,2000.
ATTEST:
Corpus Christi Community Improvement Corp.
Armando Chapa
Betty Jean Longoria, President
Legal form approved on
,2000; James R. Bray, City Attorney
Bryn Meredith, Assistant City Attorney
Corpus Christi Community Development Corporation
By:
Edward Bacak, President
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-.,
EXHIBIT A
Performance Statement
Corpus Christi Community Development Corporation (CDC)
General Puroose Statement
The CDC is public in its purpose and has been organized pursuant to the rules of the Office of
Comptroller of Currency to promote the public welfare. Its investments under this program will be
in projects designed primarily to promote, foster and stimulate affordable housing.
Pro\?ram Description
The CDC will utilize the HOME funds provided under this Agreement in either ore both of the
following programs in order to assist qualifying eligible borrowers to purchase homes:
I. In the one program, the CDC will provide interim financing assistance for a low and
moderate income homebuyer program initiatcd by the CCCIC. The CDC's role in the
program will be to provide the necessary interim construction financing, subject to credit
approval and meeting the CDC's loan ut1derwriting guidelines, The HOME nmds shall be
used to assist qualifYing homebuyers ill meeting the down payment and loan-to-value
rcquirements required for the fixed-rate, long-term mortgage commitment.
2. In the other program, the CDC will finance the construction or acquisition of new or used
single-family residences to convey to low and moderate income persons through a lease-
purchase procedure. The purpose of this program will be to enable these borrowers to
qualifY for affordable mortgages in the conventional, FHA and VA markets. Under this
lease-purchase program, the lease term will be for up to 24 months at favorable terms in
order to enable the tenant-buyer to accumulate the earned down payment required for a
permanent mortgage loan. Prospective tenant-buyers must meet the CDC's credit approval
and loan underwriting guidelines. The lease payment would be equivalent to the estimated
mortgage payment including principal, interest, taxes and insurance. A portion of the rent
will be credited to the tenant's account for accumulation as a down payment. Upon
expiration of the lease (or earlier if the down payment is accumulated), mortgages will be
originated through local mortgage bankers for sale in the secondary market. The tenant-
buyer will have choices in selecting the bank, interest rate, points and other terms for the
mortgage loan. The HOME program funds shall be used to assist tenant-buyers in the
purchase of their homes under this program.
Performance Criteria for Pro\?ram
The CDC intends to benefit at least 33 families with the $500,000 in HOME funds to be provided
under this program. No single recipient shall be provided more than $ I 5,000 in assistance under this
program.
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EXHIBIT B
Budget
CORPUS CHRISTI COMMUNITY DEVELOPMENT CORPORATION (CDC)
BREAKDOWN OF FUNDS REQUIRED
TOTAL FUNDS REQUIRED 1,050,000
HOME Funds 500,000
CDC Financing (minimum) 550,000 I
II I I
,
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EXHIBIT C
The Applicable Laws and Regulations
CDC shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by CDC under this agreement including but not limited to the
laws, and the regulations specified in Section I through VI of this Exhibit C.
I. CIVIL RIGHTS
The Fair Housing Act (42 U.S.c. 993601-3619,3631) and implementing regulations at
24 CFR part 100; Executive Order 11063, as amended;
Executive Order 12259 (3 CFR. 1958-1963 Comp., p, 652 and 3 CFR 1980 Comp., p. 307)
(Equal Opportunity in Housing) and implementing regulations at 24 CFR, Par! 107;
Nondiscrimination and Equal Opportunity in Housing under Executive Order i 1063. The failure
or refusal of CDC to comply with the requiremcnts of Executive Order I j 063 or 24 CFR, Part j 07
shall be a proper basis for the imposition of sanctions specified in 24 CFR 9 I 07.60;
Title VI of the Civil Rights Act of 1964 (42 U.S.c. 92000d) (Nondiscrimination in Federally
Assisted Programs) a...d implementing regulations issued at 24 CFR, Part I;
The Age Discrimination Act of 1975 (42 U.S.c. SS61 01-6107) and implementing regulations
at 24 CFR, Part 146;
Executive Order 11246 (3 CFR 1964-65, Comp., p. 339) (Equal Employment Opportunity)
and the implementing regulations issued at 41 CFR, Part 60.
Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138
(concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these
Orders, each applicant must make efforts to encourage the use of minority and women's business
enterprises in connection with HOME funded activities. The CDC must prescribe procedures
acceptable to the CCCIC to establish activities to ensure the inclusion, to the maximum extent
possible of minorities and women, and entities owned by minorities and women. The CDC will be
required to identify contracts which have been bid by minority owned, women owned, and lor small
disadvantaged businesses.
Section 504 of the Rehabilitation Act of! 973 (29 U.S.C. 9794) and implementing regulations
at 24 CFR, Part 8 Nondiscrimination Based on Handicap in Federally Assisted Programs and
Activities of the Department of Housing and Urban Development. By signing this agreement. CDC
understands and agrees that the activities funded herein shall be operated in accordance with 24 CFR,
Part 8, including the use of a telecommunications device for deaf persons (TDDs) or equally
effective communication system.
The Architectural Barriers Act of 1968 (42 U.S.c. 994151-4157).
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II. LEAD-BASED PAINT
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SS4822, 4831).
III. ENVIRONMENTAL STANDARDS
Housing and Urban Development Regulations, 24 CFR Part 58, Environmental Review
Procedures for the Community Development Block Grant Programs. Rental Rehabilitation and
Housing Development Grant Programs, as amended;
National Environmental Policy Act of 1969 (42 U.S.c. SS4321-4370d) and 40 CFR Part
1500 through Part 1508:
The National Historic Preservation Act of 1966 (16 U.S.c. S~470-470w-6) as amended:
particularly Section 106 (16 U.S.c. S470f);
Executive Order 11593, Protection and Elli'1ancement of the Cultural Environment,
May 13, 1971(36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.c. SS469-469c-2), particularly Section 3
(16 U.S.c. s469a-I), as amended;
Flood Disaster Protection Act of 1973, (42 U.S.c. 9S400l-4129) as amended, particularly
Sections 102(a) a!ld 202(a) (42 U.S.c. s4012a and 42 U.S.C. s4i06(a));
Executive Order 11988, Floodplain Management, May 24,1977 (42 Fed. Reg. 26951),
particularly Section 2(a);
Executive Order I 1990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961),
particularly Sections 2 and 5;
The Coastal Zone Management Act of 1972. (16 U.S.c. SSI451-1464) as amended,
particularly Section 307(c) and (d) (16 U.S.c. SI456(c) and (d));
The Safe Drinking Water Act of 1974, (21 U.S.c. S349 and 42 U.S.c. SS201, 300f to
300j-26), as amended;
The Endangered Species Act of 1973, (16 U.S.c. SSI531-1544) as amended;
The Wild and Scenic Rivers Act of 1968, (16 U.S.C. SII1271-1287) as amended;
The Clean Air Act (41 U.S.C. 117401-7642) as amended, particularly Section I 76(c) and (d)
(42 U.S.C. S7506(c) and (d));
Farmland Protection Policy Act of 1981, (7 U.S.c. SS4201-4209)
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Housing and Urban Development Regulations, 24 CFR Part 5 I, Environmental Criteria and
Standards.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.c., 994601-4655) and implementing regulatios at 49 CFR Part 24, and 24 CFR 9 570.496a.
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EXHIBIT D
Certification Regarding Lobbying for
Agreements, Grants, Loans, and Cooperative Agreements
The undersigned certified, to the best of its knowledge and belief. that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a member of congress, an officer or employee of congress. or an employee of a member of
congress in connection with the awarding of allY federal agreement the making of any federal grant,
the making of any federal loan. the entering into of any cooperative agreement or modification of
any federal agreement, grant. loan, or cooperative agreement
2. If any funds other than fcderal appropriated funds have been paid or will be paid to any
person for influencing or attemptmg to influence an officer or employee of any agency, a member
of congress. an officer or employee of congress. or an employee of a member of congress in
connection with this federal agreement, grant loan, or cooperative agreement the undersigned shaH
complete and submit standard form - LLL "Disclosure Foml to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall rcquire that the language of this cel1ification be included in the
award documents for all subawards at all tiers (including subagrcements, subgrants, and agreements
under grants, loans, and cooperative agreements) and that CDC shall certify and disclose
accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 U.S.C. 91352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$ I 00,000 for each such failure.
Signed:
,2000
Edward Bacak
President, Corpus Christi Community Development Corporation
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40
AGENDA
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
ANNUAL MEETING
DATE:
Tuesday, August 22, 2000
TIME:
During the meeting of the City Council beginning at 12 p.m.
PLACE:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1 . Arnold Gonzales calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Arnold Gonzales, President
Henry Garrett, Vice President
Javier Colmenero
Melody Cooper
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
Loyd Neal
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Jorge Cruz-Aedo, Treasurer
Michael Harty, Asst. Treasurer
3. Election of Officers.
4. Approve Minutes of April 11 , 2000.
5. Financial Report.
6. General Manager's Report.
7. a. Approval of Sale of the Killis-Almond Old Nueces County Courthouse Study to
Nueces County for $50,000.
b. Approval of providing a $50,000 Grant to Nueces County to Complement their
Efforts to Preserve and Restore the Old Nueces County Courthouse.
8. Public Comment.
9. Adjournment.
403
Memorandum
TO:
Board Members of the Corpus Christi Industrial Development Corporation
FROM:
W. Thomas Utter, Assistant City Manager
DATE:
August 17, 2000
SUBJECT: Request for Annual Meeting of the Corpus Christi Industrial Development
Corporation (CCIDC) on August 22, 2000
I am requesting that a meeting of the Corpus Christi Industrial Development Corporation
(CCCIC) be held during the Council meeting of August 22, 2000 to consider the following
item:
1. Election of Officers: Each year at its annual meeting, the CCIDC elects officers. The
office of President is currently held by Arnold Gonzales, while the position of Vice
President is held by Henry Garrett. The remaining positions are functionary positions
in nature which traditionally are held by staff. We recommend that the functionary
positions currently held by staff be re-elected.
2. General Manager's Report: The CCIDC was established in 1980 under the Texas
Industrial Development Corporations Act of 1979. The CCIDC has as its general
charge the assistance to and encouragement of industrial, manufacturing,
warehousing, and commercial activities within Corpus Christi and the Corpus Christi
area. The CCIDC's principal tool has been the utilization of Industrial Revenue Bonds
which are tax exempt under federal law. These bonds are not a liability of the City,
County, or the State and are solely payable from the loan repayment agreements on
various industrial warehousing or commercial projects. In addition, some of the bonds
are backed by Letters of Credit or corporate guarantees.
-,
The Corporation generates income from fees that it charges for the issuance of the
bonds. Since its establishment, the Corporation has utilized these fees for vairous
economic development studies and projects for the City of Corpus Christi in an amount
in excess of $300,000. These projects have included such items as joint studies of Port
activities and small capital improvement projects.
The CCIDC has issued approximately $63 million in industrial revenue bonds during its
existence which have been responsible for assisting in the financing of a number of
projects, including the following:
a. Hotel-Motel: Assisted in the creation of over 1,000 hotel and motel rooms (Holiday
Inn Airport, Sandy Shores, Marriott, Days Inn).
b. Warehousing and distribution: 35,000 sq. ft. ,including Williams distributing Co. and
W. W. Grainger, Inc.
c. Industrial: 100,000 sq. ft. of manufacturing facilities for the De Dietrich USA, Inc.
project
404
The CCIDC has played a major role in the establishment of the City's Enterprise zone.
The CCIDC has paid for several of the Enterprise Zone expansion applications and in
1997, paid for the submission of a new Enterprise zone application. Since the Zone
was originally created in 1989, Enterprise Zone designated projects have generated
3,270 jobs with total investment of approximately $2.2 billion. I have attached a
synopsis of the City of Corpus Christi's Enterprise Zone.
The CCIDC also funded an architectural study of the old Nueces County Courthouse
by the Killis-Almond firm. The CCIDC also holds a piece of park land on Oso Creek
Parkway which was purchased with CCIDC funds. This piece of land is now being
used as the City's match to apply for Coastal Management funds.
During the past twelve months, the CCIDC issued bonds for the Airborne Freight
Corporation facility at Corpus Christ International Airport in the amount of $1.1 million.
3. As pointed out in the history of the CCIDC, several years ago, the Council employed
the Killis-Almond architectural firm to complete a structural and architectural report of
the old Nueces County Courthouse. The cost of that study was $50,000. In our
discussions with Nueces County officials and officials of the Texas Historical
Commission, the Historical Commission has agreed to accept the Killis-Almond study
as partial in-kind matching for the 25% share of a Texas Courthouse grant. In order to
effectuate the in-kind match, the city would need to sell the study to Nueces County for
$50,000. In order that the maser plan currently undertaken by the County can also be
able to be funded, I am also recommending that the CCIDC use the $50,000 proceeds
from the sale of the Killis-Almond study to provide additional funding to Nueces County
for their efforts to preserve the old Nueces County Courthouse. In essence, the two
transactions meet the test of the Historical Commission for match, while not costing
either the County or City any additional funds.
1J. w:: !JJi-
W. Thomas Utter
Assistant City Manager
405
MINUTES
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
APRIL 11, 2000
4:14 P.M.
PRESENT
Board of Directors
Dr. Arnold Gonzales, President
Henry Garrett, Vice President
Javier D. Colmenero
Melody Cooper
Rex A. Kinnison
Betty Jean Longoria
Samuel L. Neal Jr.
Mark Scott
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Mike Harty, Assistant Treasurer
ABSENT
John Longoria
President Gonzales called the meeting to order at 4:14 p.m. in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of
the meeting had been properly posted.
President Gonzales called for approval of the minutes of the January 11,2000 meeting. Mrs. B.
Longoria made a motion to approve the minutes, seconded by Mr. Scott, and passed unanimously (J. Longoria..,
absent).
President Gonzales called for discussion of the financial report. General Manager Utter stated that
the corporation fund contained $33,113.08 as of February 29, 2000.
President Gonzales opened discussion on Item 5, appointment of Treasurer. Mrs. Longoria made a
motion to appoint Jorge Cruz-Aedo, Director of Finance as Treasurer, seconded by Vice President Garrett,
and passed unanimously (J. Longoria absent).
President Gonzales opened discussion on Item 6, airborne express facility. General Manager Utter
explained that the CCIDC took action on January II, 2000 for an inducement resolution of $1 ,500,000 for
financing the construction of an airport express air cargo facility. He said the item was brought back to
approve the actual sale of the bonds for $1,100,000 with all cost of issuance being paid for by the company
separately.
President Gonzales called for a voice vote and the foregoing resolution passed as follows: Gonzales,
Colmenero, Cooper, Garrett, Kinnison, B. Longoria, Neal and Scott voting "Aye" (1. Longoria absent).
6. Resolution authorizing the issuance of Corpus Christi Industrial Development Corporation Industrial
Development Revenue Bond (Airborne Freight Corporation Project) Series 2000; authorizing the
execution of a Loan Agreement and an Escrow Agreement; appointing an authorized representative;
and approving other matters in connection therewith.
President Gonzales called for public comment and there was none. There being no further business,
he declared the corporation meeting adjourned at 4: 16 p.m. on April II , 2000.
ccidc0400.wpd
406
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
BALANCE SHEET
JUNE 30, 2000
Assets
Current assets:
Investments
Receivables:
Accounts
Accrued Interest
$33,744.44
0.00
0.00
Total assets
$33,744.44
Liabilities and Fund Balance
Liabilities:
Accounts payable
Total liabilities
$0.00
0.00
Fund balance:
Designated
Undesignated
Total fund balance
0.00
33,744.44
33,744.44
Total liabilities and fund balance
$33,744.44
407
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
SUMMARY OF TRANSACTIONS
FOR ELEVEN MONTHS ENDED JUNE 30, 2000
Fund balance @ 08-01-99
$26,536.20
Revenues:
Interest earned
Application fee
Issuer's annual fee
1,535.14
1,000.00
5,173.10
Total revenues
7,708.24
Expenditures:
Application fee
Miscellaneous
500.00
0.00
--,
Total expenditures
500.00
Other financing sources:
Transfer from Trust Fund
0.00
Total other financing sources
0.00
Fund balance @ 06-30-00
$33,744.44
408
TEXAS ENTERPRISE ZONE PROGRAM SUMMARY
CITY OF CORPUS CHRISTI ENTERPRISE ZONE
PROGRAM STATUS
Since its inception in 1988, Texas Enterprise Zones have attracted approximately $5 billion
in capital investment. As of July 1,1996, one hundred sixty three (163) zones have been
approved by the Texas Department of Commerce (the "Department") which administers
the program.
The City of Corpus Christi's Enterprise Zone began in 1989. Roughly, half of the entire
investment in all enterprise zones within the State of Texas have been within the Corpus
Christi Enterprise Zones (approximately $2.2 billion). There have also been a total of 3,270
new jobs created within the Enterprise Zone. Enterprise Zone projects have been as
follows:
Proiect
Corpus Christi Greyhound Racing Asso.
Valero Refining Co.
Koch Refining
CITGO Refinery
First Data Corp.
Coastal Refining and Marketing
Trinity Towers Limited Partnership
APAC Teleservices, Inc.
Sitel
# Jobs Created
216
75
103
51
625
20
69
1,415
696
Investment
$18,4 M
$646.5 M
$840 M
$443 M
$8.5 M
$129.8 M
$13,4M
$10.7 M
$4.6 M
ELIGIBILITY CRITERIA FOR THE ENTERPRISE ZONE
An enterprise zone ("zone") is a geographic area with the following physical and economic
characteristics. The intent of the governing body to consider an area as a zone must be
first published and posted for seven (7) days before official action can be taken. The
proposed zone must:
1. Have a continuous boundary;
2. Be at least one square mile, but not more than 10 square miles or 5% of total area
of nominating government. In no case can it be more than 20 square miles; ;and
3. Have one and one-half times the local, state or national employment rate, or a 12%
population loss for the last 6 years or a loss of at least 4% in the past 3 years, and
4. One or more of the following criteria must be met:
409
a. Area is low income poverty area (a minimum 20% poverty rate);
b. Area is eligible for UDAG funding;
c. At least 70% of residents or households have income below 80% of the
median income of the locality or state, whichever is lower; and/or
d. Chronic abandonment, substantial tax arrears, substantial business losses,
or a declared disaster area; or the
e. Area has had a substantial increase in juvenile crime activity.
ENTERPRISE ZONES AND REINVESTMENT ZONES
Enterprise Zones are automatically considered to be reinvestment zones without further
action by the nominating governing authority (Government Code, 2303.507).
Reinvestment zones are the precursor of local tax benefits including city, county and/or
school district tax abatement ("TN) or they may be the precursor to be establishment of
a tax increment finance ("TIF") district.
STATE AND LOCAL INCENTIVES FOR TEXAS ENTERPRISE ZONES
1.
2.
3.
4.
5.
6.
7.
8.
9.
Local property tax abatement
Tax increment financing permitted in zone
Refund of state sales and use taxes (local sales tax rebate is optional)
Deduction of state franchise tax
State and local regulatory relief or expedited processing
Grant and loan preferences, including priority funding for Smart Jobs
Infrastructure improvements to the site (both local and state)
Reduced development, water and sewer fees at the site
Up to 5% reduction in utility rates from the lowest rate offered to any business in the
enterprise zone, including standby and economic development rates.
-,
If the local utility does not offer the reduction, a business may petition the PUC directly for
the incentive and the PUC is empowered to order the reduction.
REQUIREMENTS FOR ENTERPRISE PROJECTS
Projects are designated by the Department on a score sheet basis. Factors considered
in the evaluation include the amount of capital investment, the number of new jobs created,
and the distress level of the community. Each local governing authority nominates by
resolution the business for Project consideration. The Department may only designate up
to 65 businesses as Projects and may only rebate up to $8.0 million in state sales and use
taxes. The qualified business must maintain the same level of employment of qualified
employees for three years as existed at the time qualified for a refund. Each zone may
nominate only two projects every two years. However, if the project application is scored
in the top 25% of the applications received that quarter, the zone may nominate additional
bonus projects so long as there are less than 65 projects designated thus far by
Commerce.
-,
410
A business must meet certain requirements to be designated an Enterprise Project by the
Texas Department of Commerce. First, the business must be physically located in an
Enterprise Zone or have solid plans to move into a zone. Second, the business must
agree to hire 25% of its new employees who are either (1) residents of the Enterprise zone,
or (2) economically disadvantaged.
These new hires do not include turnover or replacement personnel. This percentage must
be maintained during the time a business is considered an enterprise project. Normally,
the project life is five (5) years. Third, the business must enter into a contractual
agreement with the Department stipulating that the business will maintain separate books
and records for activities within the zone and that the Department may inspect these
materials for program compliance with reasonable notice.
QUALIFYING FACTORS FOR ECONOMICALLY DISADVANTAGED INDIVIDUALS
One out of every four (25%) new qualified employees hired by the Project must be an
economically disadvantaged person or a resident of the local Enterprise Zone. The
definitions of such persons are broad and are generally based on low income or other
poverty indicators. Specifically, one of four new employees must meet one of the following
descriptions:
1. Have been unemployed for the preceding three (3) months; or
2. Receive some type of public assistance, such as food stamps,; or
3. Be eligible for the JTPA (Job Training Partnership Act) program; or
4. Be a handicapped individual; or
5. Be an inmate entering the workforce after serving in a correctional facility; or
6. Earn less than 80% of the median area income (U.S. Census); or
7. Be on parole from the Texas Youth Commission; or
8. Live in an Enterprise Zone(s) approved by the local governing body.
The local Texas Employment Commission office is generally very helpful in assisting the
Project in identifying a labor pool, which meets the criteria stated above. In many cases
where a governing authority has an existing zone, a labor pool may already be in place.
Before a project can qualify for tax rebates, each qualified employee must have worked
at least 1,820 hours within a year.
TIMETABLE CONSIDERATIONS
Deadlines for project application submission are posted annually in the Texas Register.
The Department has set deadlines for the first day of every third month beginning
September 1, 1998, and ending July 1, 2000.
The critical point to evaluate when considering an application to the Department is the
anticipated time of purchase orders related to equipment, machinery or construction
materials. Tax rebates on these purchases will be given starting 90 working days before
411
a project approval is formally granted by the Department.
--.
STATE SALES AND USE TAX INCENTIVES FOR ENTERPRISE PROJECTS
A business designated as an Enterprise Project is eligible to receive up to $1.25 million in
refunds of state sales and use taxes on purchases of equipment, machinery, and building
materials for use in the zone. In addition, refunds can be made for taxes paid on labor for
building rehab and taxes paid on electricity and natural gas used by the Project in the
zone. Sales taxes and use taxes are refunded at a rate of $2,000 per new permanent job
created or retained by the project. up to a maximum of $250,000 per year for five years.
Rebates are granted for all new jobs created, not just the jobs which constitute the 25%
criteria for economically disadvantaged persons. 34 TEX. ADMIN. CODE 93.329 also
makes it very clear that the qualified businesses approved as Projects must create and
maintain permanent jobs for purposes of the sales and use tax rebate and the franchise
tax deduction.
FRANCHISE TAX INCENTIVE FOR ENTERPRISE PROJECTS
The state franchise tax incentive became available September 1, 1991 for Enterprise
Projects. In computing its franchise tax liability to the State, a Project will be able to deduct
either (1) 50% of its capital investment attributable to an expansion or relocation in a zone
from its apportioned taxable capital, or (2) 5% of its capital investment in a zone from its
apportioned taxable capital, or (3) 5% of its capital investment in a zone from apportioned
eamed surplus. For Projects designated after August 31, 1995, this deduction may not be
taken until September 1,1997. A Project may elect to reduce its apportioned taxable
capital or earned surplus for each fiscal year the corporation is an enterprise project.
Neither deduction may reduce either franchise tax base below zero. A corporation may
take the option of its choice, but an election for the initial period applies to the second tax
period and to the first annual regular period.
412
41
AGENDA
CORPUS CHRISTI HEALTH FACILITIES DEVELOPMENT CORPORATION
ANNUAL MEETING
DATE:
Tuesday,August22,2000
TIME:
During the meeting of the City Council beginning at 12 p.m.
PLACE:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. President Javier Colmenero calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Javier Colmenero, President
Mark Scott, Vice President
Melody Cooper
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Loyd Neal
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Vacant, Treasurer
Michael Harty, Asst. Treasurer
3. Approve Minutes of July 27, 1999.
4. Financial Report.
5. Consideration of Dissolution of Corporation.
6. Public Comment.
7. Adjournment.
413
Memorandum
.....,
TO:
Members of the Corpus Christi Health Facilities Development Corporation
FROM:
W. Thomas Utter, Assistant City Manager
DATE:
August 17, 2000
SUBJECT: Request for Meeting of the Corpus Christi Health Facilities Development
Corporation (CCHFDC) on August 22, 2000
I am requesting that a meeting of the Corpus Christi Health Facilities Development
Corporation (CCHFDC) be held during the Council meeting of August 22, 2000. At that
meeting, I am requesting that the CCHFDC consider articles of dissolution. The CCHFDC
was established by the City Council to assist in the financing of various health facilities
within Corpus Christi. The only project which the CCHFDC undertook was the original
Trinity Towers (Whole Life) project. Subsequent to the creation of this corporation, the
Council has also created the Coastal Bend Health Facilities Development Corporation.
This latter corporation is the vehicle, which is being used for health facilities development
in Corpus Christi and, therefore, the CCHFDC can be dissolved. The original bonds for
Trinity Towers (Whole Life) project have now run their course and the CCHFDC can be
dissolved. Both the CCHFDC and the City Council must approve the dissolution of the
corporation. The small amount of funds held by the CCHFDC will flow to the City of
Corpus Christi. I have attached a resolution of dissolution along with the Articles of
Dissolution.
-,
7J. Vi::: 2df.
W. Thomas Utter
Assistant City Manager
--.
414
RESOLUTION
WHEREAS, the Corpus Christi Health Facilities Development Corporation is a Texas
Health Facilities Development Corporation operating under the Health Facilities Development
Corporation Act (Chapter 221 of the Texas Health and Safety Code); and
WHEREAS, the Corporation has completed its work in financing health facilities in
Corpus Christi as provided by the original resolution adopted by the City of Corpus Christi,
Texas, and all bonds and obligations of the Corporation have been discharged in full; and
WHEREAS, the Corporation desires to distribute all of its remaining assets to the City of
Corpus Christi, Texas and approve Articles of Dissolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI HEALTH
FACILITIES DEVELOPMENT CORPORATION:
RESOLVED, that all assets of the Corporation be distributed to the City of Corpus
Christi, Texas and that Articles of Dissolution be filed with the Texas Secretary of State thereby
dissolving the Corporation.
RESOLVED, that the president of the Corporation and other officers of the Corporation
are authorized and directed to take all actions consistent with the foregoing and conclude the
dissolution of the Corporation and the cessation of its operations.
Duly passed and adopted this 22nd day of August, 2000.
CORPUS CHRISTI HEALTH FACILITIES
DEVELOPMENT CORPORATION
By:
Betty Jean Longoria, President
F:\ll \Work..OO\CCHFDC-ResoJutioo.doc
415
ARTICLES OF DISSOLUTION
OF
CORPUS CHRISTI HEALTH FACILITIES DEVELOPMENT CORPORATION
These Articles of Dissolution are being filed by CORPUS CHRISTI HEALTH
FACILITIES DEVELOPMENT CORPORATION, a Texas health facilities development
corporation operating under the Texas Health Facilities Development Corporation Act (Chapter
221 of the Texas Health and Safety Code), pursuant to a plan of liquidation of the Corporation.
ARTICLE I
The name of the Corporation is CORPUS CHRISTI HEALTH FACILITIES
DEVELOPMENT CORPORATION.
ARTICLE II
The name and address of the sponsoring entity is the City of Corpus Christi, 1201
Leopard Street, P.O. Box 9277, Corpus Christi, Texas 78469.
ARTICLE ill
These Articles of Dissolution were approved by the City Council of the City of Corpus
Christi on August 22,2000.
-,
ARTICLE IV
The board of directors of the Corporation met on August 22, 2000, at a duly called annual
meeting and approved, by the majority vote of the directors in office, a resolution to dissolve the
Corporation.
ARTICLE V
All bonds, debts, liabilities and obligations of the Corporation have been paid or
discharged, or adequate provision has been made for payment, satisfaction, or discharge thereof
ARTICLE VI
There are no suits pending against the Corporation in any court.
Dated: August 22, 2000.
CORPUS CHRISTI HEALTH FACILITIES
DEVELOPMENT CORPORATION
-,
By:
Betty Jean Longoria, President
F:\11 \CORP\Articles Dissol-NP.doc
416
MINUTES
CORPUS CHRISTI HEALm FACILITIES DEVELOPMENT CORPORATION
JULY 27, 1999
5:31 P.M.
PRESENT
Board of Directors
Betty Jean Longoria, President
Javier D. Colmenero, Vice President
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
John Longoria
Samuel L. Neal Jr.
Mark Scott
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Michael Harty, Assistant Treasurer
ABSENT
Melody Cooper
President B. Longoria called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that
notice of the meeting had been properly posted.
President B. Longoria made a motion to elect the following officers: Javier Colmenero
(President), Mark Scott (Vice President), Mary Juarez (Assistant Secretary) Mary Sullivan
(Treasurer) and the rest of the current officers, seconded by Dr. Gonzales and passed; Cooper absent.
President Colmenero called for approval of the minutes of the August 18, 1998 meeting, and
there being no corrections, the Board approved them as presented.
In his fInancial report, General Manager Utter said the Corpus Christi Health Facilities
Development Corporation will be dissolved with the statute oflimitation running out at the end of
July. The $11,160 that the corporation has will go to the City or any other corporation the City has.
President Colmenero called for public comment from the audience and there being none, he
declared the meeting adjourned at 5 :34 p.m.
417
CORPUS CHRISTI HEALTH FACILITIES DEVELOPMENT CORPORATION
BALANCE SHEET
JUNE 30, 2000
Assets
Current assets:
Investments
$11,758.32
Total assets
$11,758.32
Fund Balance
-..""1
Fund balance
$11,758.32
Total fund balance
$11,758.32
--.
418
CORPUS CHRISTI HEALTH FACILITIES DEVELOPMENT CORPORATION
SUMMARY OF TRANSACTIONS
FOR ELEVEN MONTHS ENDED JUNE 30, 2000
Fund balance@ 08-01-99
$11,204.80
Revenues:
Interest
553.52
Total receipts
553.52
Expenditures
0.00
Total expenditures
0.00
Fund balance @ 06-30-00
$11,758.32
419