Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 11/11/2003 (J)CITY COUNCIL AGENDA NOVEMBER 11, 2003 12:00 Noon - Joint Meeting of the Crime Control & Prevention District and the City of Corpus Christi City Council to provide an update on Crime Control District Projects - City Hall, 6h Floor Conference Room 1:45 P.M. - Proclamation declaring November 11, 2003 as "Dispute Resolution Day' Proclamation declaring November 16, 2003 as "Crop Walk Day Proclamation dedadng November 21, 2003 as "Coalition for the Advancement of Women of Nueoes County Day" Proclamation declaring the week of November 10-14, 2003 as'Texas Nurse Practitioners Week" Proclamation declaring the week of November 17-21, 2003 as "National Home Healthcare Week" Proclamation declaring the week of November 23-29, 2003 as "National Family Week" Proclamation declaring the month of November as "National Hospice Month" Proclamation declaring the month of December as "Toys for Tots Month" Presentation - Human Relations Commission presentation of Outstanding Leadership Award to Lou Villagomez AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 11, 2003 1:00 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 at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree qua su ingl6s as limitado, habr8 un int6rprete ingl6s-espanol an todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) 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 Al Schubert, Lord of Life Lutheran 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 Brent Chesney Council Members: Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Agenda Regular Council Meeting November 11, 2003 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of October 28, 2003. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Arts and Cultural Commission * Citizens Health Advisory Board * Committee for Persons with Disabilities * Ethics Commission * Human Relations Commission * Library Board * Port of Corpus Christi Authority G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, • may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance, ormay 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. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn forindividual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 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) Agenda Regular Council Meeting November 11, 2003 Page 3 3. Motion approving a supply agreement with Wilson Supply, of Houston, Texas for approximately 26,000 feet of steel pipe ranging in size from 1 inch to 8 inches, in accordance with Bid Invitation No. BI -0004-04, based on low bid for an estimated semi-annual expenditure of $84,594. The pipe is used by the Gas Department. The term of the contract will be for six months with an option to extend for up to four additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2003-2004. (Attachment # 3) 4. Motion approving a supply agreement with Casco Industries, Inc., of Pasadena, Texas forfirefighting clothing consisting of seventy- six sets of pants and coats, based on sole source, for an estimated annual expenditure of $68,020. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Fire Department in FY 2003-2004. (Attachment # 4) 5. Ordinance appropriating $733,900 from the reserve for Golf Course Design in the No. 4690 Golf Fund for improvements to Gabe Lozano, Sr. and the Oso Beach Municipal Golf Courses; and amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $733,900. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a consultant contract with Martinez, Guy & Maybik, Inc., of Corpus Christi, Texas in the amount not to exceed $152,993 for the Water Main Improvements along Elizabeth Street andl9th Street. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a construction contract with H & G Contractors, of Corpus Christi, Texas in the amount of $2,388,102.98 for the Yorktown Boulevard (Lake Travis Drive to Weber Road) Improvement Project. (BOND ISSUE 2000) (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 11, 2003 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Motion authorizing the City Manager or his designee to execute a consultant contract with HNP, Inc., of Corpus Christi, Texas in an amount not to exceed $97,930 for the Wastewater Lift Station located at Cimarron and Lens. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a consultant contract with Arcadis G & M, Inc., of Corpus Christi, Texas for a total fee not to exceed $308,620 for the McBride Lift Station and Force Main. (Attachment # 9) 10. Resolution recognizing the public necessityof acquiring utilityand construction easements for the Southside Water Transmission Main Project, Phases 4,4a, and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Attachment # 10) 11.a. Ordinance appropriating $60,000 from unappropriated settlement proceeds in the No. 3160 City Hall Capital Improvement Program Fund to provide funding for architectural services for the City Hall Renovation, Phase 1 Project; and amending the FY 2002-2003 Capital Budget adopted by Ordinance 025144 to increase appropriations by $60,000. (Attachment # 11) 11.b. Motion authorizing the City Manager or his designee to execute an architectural services contract with Dykemas Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $60,000 for City Hall Renovation, Phase 1 Project. (Attachment # 11) 12. Ordinance appropriating $266,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State FY 2003-2004 program income to fund environmental health, laboratory, and nursing services for the period of September 1, 2003 through August 31, 2004. (Attachment # 12) 13.a. Motion authorizing the City Manager or his designee to accept a $1,000 grant from the Coastal Bend Alliance for Youth (CBAY) to be used toward counseling for youth receiving case management services and for fundraising efforts to provide services to youth served by the Juvenile Assessment Center. (Attachment # 13) Agenda Regular Council Meeting November 11, 2003 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13.b. Ordinance appropriating a grant in the amount of $1,000 from the Coastal Bend Alliance for Youth in the No. 1067 Park and Recreation Grants Fund for youth services provided by the Juvenile Assessment Center. (Attachment # 13) 14. Resolution authorizing the City Manageror his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $500,000 for the construction of a new three lane boat ramp in the northwest comer of the Coopers Alley L -Head; with a City match of $250,000 in the No. 3270 Seawall Capital Improvement Program Fund for a total project cost of $750,000. (Attachment # 14) 15. Resolution authorizing the City Manageror his designee to submit a grant application to the Texas Parks and Wildlife Department Pump Out Program in the amount of $11,000 for the purchase of a portable boat sewage pump out unit with a city match of $2,750 in the No. 4700 Marina Fund, for a total project cost of $13,750. (Attachment # 15) 16.a. Motion authorizing the City Manager or his designee to accept gifts totaling $1,300 from Walmart and the Grand Aerie Fraternal Order of Eagles. The funds will be used at the Northwest Branch Library to purchase library materials, particularly audio tapes and CD's for the elderly and vision impaired. (Attachment # 16) 16.b. Ordinance appropriating a $1,000 gift from Walmart and a $300 gift from Grand Aerie Fraternal Order of Eagles in the No. 4720 Community Enrichment Fund to purchase library materials forthe elderly and vision impaired; and amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $1,300. (Attachment # 16) 17.a. Motion authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of the Corpus Christi Public Libraries which provides the City with a gift of $54,000 for the expansion and remodeling of the Mary and Jeff Bell Children's Library at the Central Library. (Attachment # 17) Agenda Regular Council Meeting November11,2003 Page 6 17.b. 18.a. 18.b. 18.c. 19. 20. Ordinance appropriating $54,000 from the Friends of the Public Libraries in the No. 3210 Library Capital Improvement Program Fund for improvements to the Mary and Jeff Bell Children's Library at the Central Library; and amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $54,000. (Attachment # 17) Resolution authorizing participation in the Texas Term Local Government Investment Portfolio, a Public Funds Investment Pool and designating authorized representatives. (Attachment # 18) Resolution authorizing participation in Texas Short Term Asset Reserve Program (TEXSTAR), a Local Govemment Investment Pool and designating authorized representatives. (Attachment # 18) Resolution amending the City Investment Policy to provide the maximum amount that may be invested in Local Government Investment Pools and adopting the investment policy as amended. (Attachment # 18) Resolution supporting the development of the La Quinta Trade Gateway Container Terminal by the Port of Corpus Christi Authority. (Attachment # 19) Ordinance amending Section 33-79, Code of Ordinances, City of Corpus Chdsti, regarding entedng or remaining on City premises with a firearm; and providing for penalties. (Attachment # 20) (RECESS REGULAR COUNCIL MEETING) MEETING OF CITY CORPORATION: (Attachment # 21) NORTH PADRE ISLAND DEVELOPMENT CORPORATION MEETING: (APPROXIMATELY 1:15 P.M.) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November11,2003 Page 7 AGENDA NORTH PADREISLAND DEVELOPMENT CORPORATION Date: Tuesday, November 11, 2003 Time: 1:15 p.m. Location: City Council Chambers City of Corpus Chdsti 1201 Leopard Street Corpus Christi, Texas 78401 A. Call to order B. Roll check Corporation Directors: Staff: Samuel L. Neal, Jr. Mark Scott Brent Chesney Javier D. Colmenero Melody Cooper Rex A. Kinnison John Longoria Jesse Noyola President Vice-President George K. Noe, City Manager R. Jay Reining, Acting City Attorney Armando Chapa, City Secretary Vacant, Treasurer C. Special Consideration items: Approval of the minutes of the February 23, 2003 meeting. 2. Packery Channel Update Resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003A, in an aggregate principal amount not to exceed $2,500,000; approving a bond purchase agreement and other contract documents relating to the Sedes 2003A bonds, and containing other provisions related thereto. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November11,2003 Page 8 Resolution appropriating the proceeds from the sale of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Sedes 2003A to fund the construction and expansion of Packery Channel, and to pay related costs of issuance, up to $2,500,000. D. Adjoumment. (RECONVENE REGULAR COUNCIL MEETING) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. 23. Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2003A Bonds in an aggregate principal amount not to exceed $2,500,000. Attachment #22) Motion authorizing the City Manager or his designee to execute a demolition contract with Cherry Demolition Company, of Houston, Texas in an amount not to exceed $466,000 for demolition of compress units 1,2, and 3 for stadium construction, subject to approval of an agreement with the Port of Corpus Christi Authority to pumhase the property. (Attachment # 23) K. PUBLIC HEARINGS: 24.a. Public hearing to consider a five-year lease with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in the Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. (Attachment # 24) 24.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in the Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at t~e end of the agenda summary) Agenda Regular Council Meeting November11,2003 Page 9 ZONING CASES: (NONE) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Proposed Mustang-Padre Island Area Development Plan (Attachment # 25) 26. Airport Terminal Reconstruction Projects and Air Service Efforts (Attachment # 26) M, PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT 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 ingl~s es limitado, habr'a un int~rprete ingl&s-espa~ol en la reunion de la junta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY 'MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November11,2003 Page 10 27. 28. 29. 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 any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Sections 551.071,551.072 and 551.087 regarding the South Wharf Project in the Corpus Chdsti Marina with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 to obtain legal advise regarding the conveyance of vessels by the City marina staff, with possible discussion and action related thereto in open session. REPORTS: The following 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 concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items 30. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31. COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting November,S,2003 Paoe ~ 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 2003. City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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 PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2003 CITY COUNCIL GOALS AND PRIORITIES Charter Revisions Legislative Agenda Increased CVB funding Trashy Neighborhoods Master Drainage Plan Garwood Water New Funding Sources for Inner City Improvements Improved Permitting Process NEW PRIORITY ISSUES ~ Long-Term Revenue Picture Bond 2004 Downtown Revitalization Skate Park Storm Water Drainage District ADA Compliance Park Master Plan Communication with Other Taxing Entities Review of Sexually Odented Businesses Ordinance Call Center NEW PRIORITY INITIATIVES AND ISSUES City staff wlll develop and present to City Council action/implementation plans for the following priortiy al'ells; Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods 1~ *Employee Classification Study Ma ster Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Centxal Development Plan (marina, t-heads, breakwater) Homing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan 2001-2002 CiTY COUNCIL GOALS AND PRIORiTY ISSUES [ ~CO~G PRIORITY ISSUES Airport / SeawaR / Co~tv,~nfi0n Center / Ar,qa · Continue quarterly reporting process for these initiatives. '86 Bo~O,ls~ue Improvements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community'). · Continue community involvement on issues such as Leopard Street improvements. Prtv~fi~t~ / Re-E~ineerin~ · Clearly define ~privatizatlon and 're-engineering. · Make decisionS regarding privatization and re-engineering in the next 12-24 months, with di~otissions w~thin 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Fillanee · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime ,Congro~l and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives~ Emniovee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees l~¢o~9~pic Develonment Sales Tax · Establish election date. Reconsider implementation plan for a Storm Water Utility. Packerv Channel Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including pfivatization. ll~tem~t · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Comm~:tie.4tte brush pickup via e-mail. ,CDB~ · Continue active role. · Lease and complete renovation Implement current island annexation plan · Develop and approve ADA Transition Plan within 90 days. Redistricting, Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval Staff completes action requests in a timely manner. C;tV / County Health Issues · Continue discussions with County to determine s~'ucture and process for the most effective and efficient delivery of health services Marketing of CC Museum and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit M~tings Agnes. Laredo Corridor Market (studies, plans) *Solid waste / Pickup Bas~ Closures **Northwest Library Nofd~ide Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTAmPubli¢ Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 28, 2003 - 1:00 p.m. PRESENT. Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: City Staff: Javier D. Colmenero (Arrived at 1:20 p.m.) City Manager George K. Noe Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Senior Assistant City Attorney Doyle Curtis City Secretary Armando Chapa Recording Secretary Rebecca Huerta ABSENT Mark Scott Acting City Attorney Jay Reining Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Napoleon Johnson of Faith Mission Outreach and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the requi~ed charter officem were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 21, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2, a special discussion on Storm Water Capital Projects Funding Options. Mr. Mark McDaniel, Executive Director of Support Services, provided background information on the existing storm water system and its components. He also discussed previous Council actions regarding drainage funding. Mr. McDaniel stated that the total amount needed for existing Storm Water CIP projects was approximately $90 million. He said the operation and maintenance and permit compliance for these projects equaled about $7.7 million per year. Mr. McDaniel provided information on funding approaches in other cities, a number of which used a drainage fee or used a drainage district. Mr. McDaniel discussed the following funding approaches: continue fimding through combined utilities (water) rate adjustments; formation of a drainage district; general obligation bonds/bond election (Bond 2004 and beyond); adoption of impact fees; and adoption of drainage utility/fee. With regard to the funding through combined utilities, Mr. McDaniel noted that this option would require a two percent increase, generating $1,627,000 per year in revenue and $19.5 million in project capacity. In reference to the new drainage district option, Mr. McDaniel stated that the district would Minutes - Regular Council Meeting October 28, 2003 - Page 2 encompass the city limits and the industrial district only. He said the district could raise approximately $2,124,000 a year in revenue for every two cents in property tax. He also stated the revenues could support a $25.5 million project capacity. With regard to the general obligation bonds option, Mr. McDaniel stated that they would fund capital improvements only. He said the bonds could provide approximately $1,789,000 a year in revenue for every two cents on the property tax rate, and the funds could support a $21.5 million project capacity. In reference to the impact fees option, Mr. McDaniel stated that this option was not being recommended for the following reasons: only tends to address new development; oriented towards very high construction growth; and difficult to administer. Finally, Mr. McDaniel stated that staff was recommending the fifth option, a new drainage utility fee. He said the fee could be used to fund capital improvements only. He stated that the fee would generate approximately $1,765,000 to $1,820,000 per year in revenue depending on the fee option used. The revenues could support a $21.2 million to $21.8 million project capacity. Regarding the drainage utility fee options, Mr. McDaniel said they were based on the following: 5A - meter connections; 5B - parcel/lot size; 5C - Land use/Zoning (residential vs. commercial); or 5D - combination of 5A and 5B. He said option 5A would be based on the number of meters and would be billed monthly based on the following rates: residential single family - $1.00; duplex - $3.00; and commercial - $10.00. This option would generate $1,774,956 in annual revenue (equivalent of approximately two percent on combined utility rates). He said option 5B would be based on parcel/lot size within the city limits and would be structured on a sliding scale, depending on the size of the property. He said option 5B would generate $1,820,112 in annual revenue. Option 5C would base the fee on land use/zoning for each property. The fee structure would be monthly and would generate approximately $1,764,634 in annual revenue. Finally, Mr. McDaniel said staff was recommending option 5D, a combination of options 5A and 5B, because it appeared to be the least burdensome to the citizens in terms of cost and should be easier to administer and maintain. This fee structure would be billed on a monthly basis. He said residential/duplex customers would be charged $1.20 per meter connection. Commercial and other entities would be charged between $3.00 and $10.00, depending on lot size, with a cap at more than 40,000 square feet. Mr. McDaniel stated that this option was estimated to generate $1,772,160 in annual revenue. Mr. McDaniel discussed the implementation process for option 5D. He said residential customers would be billed on a monthly basis through their utility bill. Commercial customers, however, would be billed either on a monthly utility bill or on a separate bill, depending on property ownership. He said only developed or improved property was subject to the fee. Finally, Mr. McDaniel stated the fee would be capped at $10.00 per month on a commercial property and $1.20 per month on residential property. Mr. McDaniel said the next steps in the process would involve the adoption of the capital budget and long-range CIP in December 2003. He said the proposed new fee would be effective August 1,2004 in the FY 2004-05 budget cycle. He said staff's suggestion was to consider this fee Minutes - Regular Council Meeting October 28, 2003 - Page 3 as an option, as a supplement to the current funding provided for in the budget. Mr. McDaniel emphasized that the key would be to remain consistent with the recommendations made by the Storm Water Advisory Committee, but allow for more stability in a long-term funding source for storm water. Mayor Neal commented that the Council has established $25 million in utility funding in this year's budget through utility rate plus another $10 million. He asked Mr. McDaniel if the $20 million in revenues generated by this proposed fee would be in addition to this amount. Mr. McDaniel replied affirmatively. He said staffwas working on the rate model for the capital budget now. Once it was completed, he said staff would have a more complete picture regarding the different funding scenarios. Mayor Neal expressed his concern that vacant lots were not subject to fees and that there was no way to capture revenues for agricultural run-off into the storm water system in staff's proposed plan. He said he wanted staff to look into ways to include these aspects into the plan and then present them for the Council's consideration. Mr. Marlo Tapia, Assistant Director of Capital Projects, replied that the data for vacant lots was available and staff could include it for the next discussion. Council Member Chesney asked if staff had arrived at a specific figure needed for bond participation to fund storm water drainage projects. Mr. McDaniel replied that the needs for street improvements and other facilities were so tremendous that staffwas not recommending the inclusion of the drainage improvements in Bond 2004 at this time. He said it could make sense later, however, once more prioritization of projects takes place. Council Member Chesney remarked that the Council was in the difficult position of addressing a long-term problem in a short period of time, which meant that the solution would be expensive. He wondered why staffwas not recommending the inclusion of drainage improvements in the next bond election since the recommended funding options would be insufficient to fund all the necessary improvements. Mr. Chesney noted that the public had identified drainage improvements as a major priority. Mr. McDaniel answered that it was an issue of what could be done in a certain period of time. He said the problems with drainage and street conditions had developed over a long period of time, between 30 to 50 years. He said it was impossible to fix these problems overnight. Thus, rather than look at funding the improvements in a four-year budget cycle, it may be more prudent to think of them in an eight-year or twelve-year budget cycle. Mr. McDaniel said that a plan needed to be in place that would not be too onerous for the rate payer and the tax payer. However, he said that staff could formulate a more aggressive plan if the Council wished. Council Member Chesney asked if staff had developed a plan that would fund all the necessary improvements, whether it was short-term or long-term. Mr. McDaniel replied that this was the goal, but he did not think the problems could be addressed within a ten-year time frame. City Manager Noe added that no matter how much the city wanted to address the drainage problems, we would reach a practical point beyond which we could not execute them because of limitations on staffand the local construction community's resources. Mr. Chesney reiterated his concern that staff create a long-term plan for funding all the necessary improvements. Mr. McDaniel answered that staffwould have a better idea of the tree financial picture within the next few months, as part of the capital budget process. At that point, staff would be able to assess the needs and formulate Minutes - Regular Council Meeting October 28, 2003 - Page 4 a plan. He said he understood staff's current plan to allocate an additional one to two percent per year in utility rate increases would not fund the necessary improvements to an acceptable level. Thus, he was recommending this supplemental funding source today for Council's consideration. He said staffwould look at incorporating the Mayor's suggestions to adjust the fees. Council Member Kinnison asked if when the Storm Water Advisory Committee had made its recommendations, the only plan in effect at that time was to allocate $1 million per year for ten years. Mr. McDaniel replied affirmatively, but said that an additional $4 million was added in 2002. Mr. Kinnison remarked that the city had gone from a ten-year plan to fund $10 million in drainage improvements to a ten-year plan to fund $80 million in improvements today, which was remarkable. He did say, however, that there were practical limits on what could be achieved within this time frame because of the potential financial burden on the taxpayers. He expressed concerns about how the proposed fees were structured with regards to who was bearing the costs. He felt that the proposed fee structure was too accommodating to commercial property owners. He asked that staff reformulate the plan to make it more fair. Council Member Noyola agreed with Mr. Kinnison's concern regarding the fee structure for commercial property owners. He also expressed his concern that the drainage problems in the residential areas not be eclipsed by the highly publicized problems in the downtown area. Council Member Kelly asked staffto explain the term "level of protection". City Engineer Angel Escobar replied that "level of protection" referred to how much water the city's s~'eets could handle during a storm before causing substantial damage. He said the recommendations staff had brought to the Council earlier in the year showed that the city needed to start designing its major systems to a 100-year storm level of protection. In response to Mr. Kelly's question, Mr. Escobar said that staff would be bringing back more information on plans for including new residential developments in the proposed development regulations. Mr. Kelly also expressed concem that the city was outstripping the public's willingness to pay for these improvements. Mr. McDaniel replied that the drainage problems were not going away and needed to be addressed in some manner. Mayor Neal called for a brief recess to present proclamations. The Council returned from recess. Mayor Neal called for consideration of the consent agenda (Items 3 - 10). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Items 7 and 10 and that Council Member Chesney was abstaining from the vote and discussion on Item 6. Council members requested that Items 8 and 9 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 10, constituting the consent agenda, except for Items 8 and 9, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 28, 2003 - Page 5 o MOTION NO. 2003-386 Motion appointing Melody Cooper to the Corpus Christi Reinvestment Zone Number Two Board of Directors and reappointing the current members all to a term ending November 1, 2005. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. MOTION NO. 2003-387 Motion authorizing the City Manager or his designee to execute a construction contract with Ray's Welding Service, of Corpus Christi, Texas in the amount of $84,991.35 for the Renovation/Development of Existing Parks, Phase 2: Los Encinos Park, Oak Park, Surfside Park, and West Guth Park. (BOND ISSUE 2000) The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kiunison, and Noyola, voting "Aye"; Colmenero and Scott were absent. MOTION NO. 2003-388 Motion authorizing the City Manager or his designee to execute a consultant contract with Coym, Rehmet and Gutierrez Engineering, of Corpus Christi, Texas for an amount not to exceed $138,990 for the Wastewater Lift Station located at Cimarron and Yorktown. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. MOTION NO. 2003-389 Motion authorizing the City Manager or his designee to execute a geotechnical investigation contract with Kleinfelder, of Corpus Christi, Texas in an amount not to exceed $33,400 for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved by the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney abstained; Colmenero and Scott were absent. Minutes - Regular Council Meeting October 28, 2003 - Page 6 7. MOTION NO. 2003-390 Motion authorizing the City Manager or his designee to execute Change Order No. 12 (Entrance Roadway) with Bay, Ltd., of Corpus Christi, Texas in the amount of $823,964.21 for the Corpus Christi International Airport Roadway and Parking Lot Improvements Phase 2. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Gan'eR, Kelly, and Kinnison, voting "Aye"; Noyola abstained; Colmenero and Scott were absent. 10. ORDINANCE NO. 025539 Authorizing the City Manager or his designee to execute a lease agreement with the United States through its General Services Administration for the Transportation Security Administration for use of space at the Corpus Christi International Airport in consideration of payment of rent at an annual rate of $66.71 per square foot for a term of fitly-four months with the option to extend for an additional fifty-four months. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Kiunison, voting "Aye"; Noyola abstained; Colmenero and Scott were absent. Mayor Neal opened discussion on Item 8 regarding a lease for wireless internet services at the airport. Council Member Kelly asked for more information on how this service would work. Mr. Dave Hamrick, Director of Aviation, replied that he understood that the company would install a small antennae on the ceiling. A user with a laptop computer that is already equipped for wireless internet service would be able to log-on to the service at no charge. He added that the airport is currently negotiating with another internet provider named Broadband to provide internet service through a stand-alone kiosk that will allow the user to connect to the intemet via hardware. He said the kiosk would also be equipped to allow the user to charge their laptop computer's battery at no charge. Council Member Kelly asked how the companies had been selected. Mr. Hamrick answered that the companies had approached the airport. He said a deal had been worked out to allow both companies to provide internet service. 8. ORDINANCE NO. 025537 Ordinance authorizing the City Manager or his designee to execute a lease agreement with Ability House, Ltd. doing business as Lighting Connect, of Corpus Christi, Texas for the operation of wireless internet services at the Corpus Christi International Airport at no charge to the City of Corpus Christi or those who utilize the wireless intemet service, for a period not to exceed one year, with the option to extend for four additional one year terms. The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Minutes - Regular Council Meeting October 28, 2003 - Page 7 Mayor Neal opened discussion on Item 9 regarding a lease with Landry's Seafood and Steakhouse Restaurant. Council Member Garrett asked ifLandry's was up-to-date on their current lease. Mr. David Ondrias, Acting Director of the Park and Recreation Department, replied affirmatively. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 025538 Authorizing the City Manager or his designee to execute a five-year lease with Landry's Seafood and Steakhouse-Corpus Christi, Inc., to operate a restaurant on the Peoples Street T-Head in consideration of payment of the greater of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. (First Reading - 09/30/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0903-02, Mircea Moody: A change of zoning from a "R-lB" One-Family Dwelling District to an "AT" Apartment Tourist District on Padre Island - Corpus Christi, Section E, Block 2, Lots 6,7,8, and 9, located east of Aruba Drive and 100 feet south of Running Light Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of an "AT" Apartment Tourist District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 025540 Amending the Zoning Ordinance upon application by Mimea Moody by changing the zoning map in reference to Section E, Block 2, Lots 6,7,8, and 9, Padre Island - Corpus Christi fi.om "R-lB" One-Family Dwelling District to "AT" Apartment Tourist District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Minutes - Regular Council Meeting October 28, 2003 - Page 8 Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0903-03, South-Vest, Inc.: A change of zoning fi-om an "A-I" Apartment House District to a "R-lC" One-Family Dwelling District on Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, located west of CliffMaus Drive and 350 feet south of Rockford Drive. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public heating, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 025541 Amending the Zoning Ordinance upon application by South-Vest, Inc. by changing the zoning map in reference to Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, from "A- 1" Apartment House District to "R-lC" One-Family Dwelling District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0903-04C, City of Corpus Christi: A change of zoning from an "I-2" Light Industrial District to an "A-2" Apartment House District on Meadow Park Subdivision, Block 3, Lots 19 and 20, located east of Cheyenne Street and 300 feet south of Agnes Street. No one appeared in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 025542 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to Meadow Park Subdivision, Block 3, Lots 19 and 20, fi-om"I- 2" Light Industrial District to "A-2" Apartment House District; and amending the comprehensive plan to account for any deviations fi-om the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Minutes - Regular Council Meeting October 28, 2003 - Page 9 Mayor Neal opened discussion on Item 15, an appeal by Mr. Joe McComb regarding his plat at Los Encinos Industrial Sites, Block 1, Lot 1. Mr. Michael Gunning, Director of Planning, reported that at their September 24, 2003 meeting, the Planning Commission tabled the plat to the October 8 meeting to allow staff an opportunity to speak with Mr. McComb about the street dedication and acreage fee requirements. On October 8, 2003, Mr. Gunning stated that the Planning Commission voted to deny the plat by a 4 to 3 vote. Mr. Gunning said Mr. McComb was appealing the decision to the Council. Mr. Gunning reported that in the appeal of his plat, Mr. McComb has maintained the following three issues: 1) the subject property is legally platted and a replat is not required; 2) opposed to the dedication of 7.5 feet of right-of-way for Greenwood Drive; and 3) opposed to payment of the required water and wastewater acreage fees. With regard to the platting issue, Mr. Gunning provided a detailed history of the property. He said that based on the city legal counsel's review referencing state law, the Platting Ordinance, and the City Charter, the subject property was clearly the remainder of a portion of the platted Bohemian Colony Lands filed for record in the Nueces County Clerk's office on June 6, 1909. Therefore, Mr. Gunning stated that a plat of the subject property was required. Regarding the right-of-way dedication, Mr. Gunning explained that this requirement originates from the adoption of the Corpus Christi Urban Transportation Plan in March 2003. The plan increased the Greenwood Drive right-of-way fi'om 80 feet to 95 feet. He stated that the city's practice was to take the required street dedications equally offboth sides of the street. Thus, Mr. Gunning stated that Mr. McComb's plat was required to dedicate 7.5 feet. Mr. Gunning stated that the adherence to required street dedications per the adopted Urban Transportation Plan was critical to the city's ability to obtain fight-of-way for future street widening improvements to increase road capacities. He expressed his concern that he did not want to set a precedent for other developers to submit similar appeals on any required dedication without a public hearing to amend the Transportation Plan. Finally, regarding the acreage fees, Mr. Gunning explained that the acreage fees were collected from the developer at the time of platting based on the plat acreage or number of lots, whichever is greater. He stated that the fees were put into trust accounts, to be used exclusively for reimbursement of developers costs for installation of water and sanitary sewer line extensions. Mr. Gunning emphasized that waiving the acreage fees for developers could set a precedent that could potentially jeopardize the Trust Fund balances which developers rely upon for reimbursement of water and sanitary sewer line extensions. Without this funding source, Mr. Gunning said development projects would possibly be postponed until such time the city could fund water and sanitary sewer fund infrastructure through a bond program. Mr. Gunning stated that Mr. McComb was requesting that the Council waive the required acreage fees totaling $7,852 of which $3,678 was for water and $4,174 for Wastewater. He concluded that staff felt that the acreage fee system was a fair and equitable process that provided for the extension of water and wastewater lines with private sector dollars. Mayor Neal asked for clarification on what action staffwas asking the Council to take on this matter. Senior Assistant City Attorney Doyle Curtis replied that the Council was being asked to deny Mr. McComb's appeal in all three respects: 1) deny his contention that a replat is not Minutes - Regular Council Meeting October 28, 2003 - Page 10 required; 2) deny the waiver of the acreage fees; and 3) deny the right to exclude the 7.5 dedication of right-of-way. Mayor Neal asked what actions would be available to Mr. McComb if the Council denied his appeal. He specifically asked if Mr. McComb had to wait a year before he could reopen the case. Mr. Curtis replied negatively, saying that Mr. McComb could bring the case back to the Planning Commission, comply with the requirements and ask for approval. Mr. Joe McComb presented his case before the Council. Prior to his presentation, he stated that he had not contacted any members of the City Council related to this agenda item. He also stated that the ordinances referred to by Mr. Gunning were not acted on while he was serving on the City Council. Mr. McComb provided background information on his purchase and development of the property to date. He asserted that the property was platted and did not require a replat, and presented what he felt was evidence to that effect. Regarding the dedication of the 7.5 feet of right-of-way, Mr. McComb stated that his position was to trade out the acreage fees for this requirement. He did not feel that the acreage fees would benefit him in any way since he had already paid for the sewer and water improvements on the property himself. An extensive discussion ensued regarding all three of Mr. McComb' s assertions. There were no comments fi-om the audience. A motion was made, seconded and passed to deny Mr. McComb's appeal on all three parts requested. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2003-391 Motion to deny the appeal filed by Joe McComb on all three parts relating to the request for (1) plat approval, (2) waiver of right-of-way dedication and (3) waiver of acreage fees regarding Plat No. C0903100-NP44, Los Encinos Industrial Sites, Block 1, Lot 1 (Final - 3.543 acres), located at the southwest comer of Greenwood Drive and Holly Road. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. Mayor Neal referred to Item 14, a presentation regarding the Juvenile Assessment Center (JAC) Annual Report. Ms. Mariah Boone, Superintendent of the Juvenile Assessment Center, stated that the goal of the Juvenile Assessment Center was to prevent delinquency through early intervention with case management services. She provided a number of statistics on the patterns of behavior of juvenile offenders. She stated that 15 percent of all juvenile offenders commit 75 percent of all violent offenses nationally. Between the ages of 9 and 12, youth begin to commit status offenses such as truancy and curfew violation. Ms. Boone reported that JAC services included comprehensive case management to 3,388 at-risk youth and their families since it opened in September 1999. She said that the program has gained the attention of the Office of Juvenile and Delinquency Prevention in Washington, D.C. and has been used as an international model. She said the center was one of three projects highlighted Minutes - Regular Council Meeting October 28, 2003 - Page 11 in the City of Corpus Clu'isti's winning proposal to be designated an All-America City. Ms. Boone stated that the Juvenile Assessment Center was funded in part by the Corpus Christi Crime Control and Prevention District and by a Title V Delinquency Prevention Grant. She said the grant provided the funds needed to hire a Municipal Juvenile Judge and four case managers in addition to the two case managers funded through the Crime Control District. Ms. Boone provided statistics on attendance outcomes for FY 2003. She said the Juvenile Assessment Center returned over 836 children to school for a total of 50,123 Average Daily Attendance (ADA)-eligible days, keeping them off the streets and saving local school districts $1,408,957 in ADA funding. Ms. Boone reported that 82 percent of the youth processed through the JAC committed no additional offenses of any kind, however minor, after JAC intervention. She said 90 percent of the youth processed through the JAC committed no delinquent offenses after JAC intervention. She also said that the JAC processed only 87 repeat oftenders out of 1,280 intakes, for a recidivism rate of only 8.1 percent. Ms. Boone stated that the JAC's most important partner in preventing delinquency was the Municipal Juvenile Court. Judge Deanie King, Municipal Juvenile Court Judge, rePorted that the Municipal Juvenile Court was opened in October 2001. She said that the court was one of the first in the nation to combine these two elements, and certainly one of the first in the state. Judge King said her primary goal today was to communicate to the Council that the city could not afford to be complacent about this program. She told the Council that many of the social service agencies that the JAC and Juvenile Municipal Court partner with are also facing the same budget crunches. She said the reduction in funds at the congressional level has greatly impacted the availability of services. Judge King explained that the court ordem status offenders and other early, pre-delinquent offenders to be assessed and/or enter the case management program at JAC. She said that the Municipal Court obtained a Juvenile Accountability Incentive Block Grant (JAIBG) to complete funding for the Municipal Juvenile Court. She said through a research-based, data driven, outcome- focused approach, the JAC has been a tremendous benefit to the families in the community. Judge King discussed the upcoming challenges for the Juvenile Assessment Center. She explained that the Title V funding stream, totaling $250,000, ceases to exist after July 2004. She noted that the Title V funding currently paid her salary and the salaries of two case managers. She stated that the JAIBG funding stream would be reduced by 25 percent. Judge King also stated that many of the valuable programs that partner with JAC are closing their doors or are no longer able to provide services due to cuts in other Federal and State programs. Ms. Boone stated that the Juvenile Assessment Center was looking for ways to continue to fund the Title V-funded case manager positions and to find and support services that can still help poor, at-risk children in the community. Ms. Boone announced that on November 22, 2003, a Kids Helping Kids Fundraising Dance would be held at the Corpus Christi Gym from 7 p.m. to 10 p.m. for middle school children. Minutes - Regular Council Meeting October 28, 2003 - Page 12 Council Member Garrett was impressed with the low recidivism rate. He asked if there was any stipulation in the Title V funding which provided that the city would assume the funding if it ceased to exist. City Manager Noe replied that he did not know, but he said that this was an important program that the city was going to place at a high priority regardless of what happens with the grant funding. Mr. Garrett stated he wanted to ensure that the Juvenile Assessment Center would be able to continue to provide services in any way possible. Council Member Cooper commented favorably on the center's low recidivism rate. She asked if there were any statistics available to compare our center with others in the nation. Judge King answered that there weren't any statistics available because this program is the first of its kind. Council Member Kiunison asked what resources Judge King thought she would need to do even better. Judge King replied that she would need more case managers and, ideally, a mentor for every child. She said she would like to see every child who comes through her court assigned a case manager. She said she envisioned a two-tiered system which provided more intensive intervention for those who needed it and less intensive for those who didn't. Council Member Kinnison expressed his view that the Juvenile Assessment Center could be a way to address this community's long-term problem with school drop-outs. He stated that the community may be well-served to funnel more resources into this program to achieve more results in reducing the problems facing our youth. Judge King added that working with elementary school children may be the way to reach kids early before attendance issues become a habit. She said that ideally, elementary schools should have their own truant officers, but now they must share resources with the high schools. She said that the court does not get these cases now for a number of reasons. Council Member Kinnison spoke in support of the program's vision and its results, saying that he hoped that the center would continue to press the community to find the funding and the resources needed to continue the program. He encouraged CCISD and other like organizations to consider partnering with the Juvenile Assessment Center to tackle the problems facing our youth. Council Member Noyola spoke in support of the center as well. He asked if there was a way to coordinate efforts with local elementary schools to speak with the children at the beginning of the school year about available resources and about the repercussions of skipping school, focusing on those schools with extensive problems. Judge King replied that she would be happy to speak with CCISD about doing this. Mayor Neal asked City Manager Noe to begin planning on how the city was going to continue funding the program through the end of this fiscal year, and how to continue the funding in subsequent fiscal years. Mayor Neal opened discussion on Item 16 regarding the automated meter reading pilot project. Mr. Ogilvie Gericke, Director of Municipal Information Systems, introduced Brian Anderson with PTI/Ram Technologies, Captain Leonard Scott, and Chris Minton with Rand Technologies, who were working with him closely on this project. Mayor Neal commented that the Council was looking forward to the implementation and results of this project. Minutes - Regular Council Meeting October 28, 2003 - Page 13 Council Member Noyola stated that he would like to receive more feedback from the employees and department heads to see if automation would increase efficiency and truly save the city money. Mr. Gericke replied that this information would be included in the evaluation process and would be brought to the Council for their review. Council Member Kelly asked for a time line on how the project would be phased in if the pilot program was successful. He was especially concerned about personnel issues, since the project would potentially achieve a portion of its savings in this area. Mr. Gericke replied that the project could be implemented over five to seven years. Based on feedback the Council had provided earlier, Mr. Gericke replied that staff was working on the five-year scenario to expedite implementation. Mr. Kelly asked if this time frame would be sufficient to account for the loss of workforce through natural attrition. City Manager Noe replied affirmatively, saying that this area had traditionally high levels of turnover because it was a very difficult job. Mr. Kelly asked if there would be other opportunities in the city for those individuals who like the j ob. City Manager Noe answered that the meter reading process could not be completely automated, so there would always be a need for individuals to work in this area. He also said there were private sector opportunities for individuals in this field because AEP still does manual meter reading and contracts out for this service. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. ORDINANCE NO. 025543 Ordinance appropriating $546,500 in unappropriated interest from the Water Capital Improvement Projects Fund No. 4082 (1995 Revenue Bond) for the design, implementation, and evaluation of an Automated Meter Reading/Wireless Broadband Network Pilot Project for the Water and Gas Services Departments; and amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $546,500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. 16.b. MOTION NO. 2003-392 Motion authorizing the City Manager or his designee to execute a contract with PTVRAIVl Technologies, of Washington, D.C. in the amount of $1,093,000 to provide consulting services for the design, implementation, and evaluation of an Automated Meter Reading/Wireless Broadband Network Pilot Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal opened discussion on Item 17 regarding the desalination demonstration project. Assistant City Manager Ron Massey explained that this was the next step in the city's desal initiative under the Governor's Desal Program. He stated that the Texas Water Development Board Minutes - Regular Council Meeting October 28, 2003 - Page 14 had awarded the city a $500,000 grant to determine the feasibility of developing a large-scale desalination demonstration project. He said the city was contributing an in-kind match of $230,000 for a total project cost of $730,000. On September 16, 2003, Mr. Massey stated that the Texas Water Development Board had considered and approved the city's application for the $500,000 grant. He said staffwas asking the Council to allow the city to accept and appropriate the grant funding. Regarding Item 18, Mr. Massey said staffneeded to finish the work required by the facility planning grant. He said the work would require an evaluation process, generating a report addressing issues like the planned customer base for the facility, water source options, and other items. To be able to accomplish this work, Mr. Massey said staffwas also proposing to amend an existing contract with Turner Collie and Braden Inc., approved by the Council on February 11,2003, to assist with the desal project. Mayor Neal asked for the time line on this project. Mr. Massey replied that staffneeded to submit a draft report on July 31, 2004 and a final report on September 30, 2004. Mayor Neal asked for information on the rest of the process. Mr. Mark Lowry, Principal Investigator for Turner Collie and Braden Inc., answered that the Water Development Board had to make a report to the legislature and to the Governor's office by the end of December 2004. He said the board will compare all three of the plans submitted and make their recommendations at that time. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. a. RESOLUTION NO. 025544 Resolution authorizing the City Manager or his designee to accept a Regional Facility Planning Grant in the amount of $500,000 and execute a contract with the Texas Water Development Board for the development of a Regional Facility Plan for the Planning Area, including a Large-Scale Seawater Desalination Demonstration Project in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Colmenero, Kinnison and Scott were absent. 17.b. ORDINANCE NO. 025545 Ordinance appropriating $500,000 from the Texas Water Development Board in the No. 1052 Water Grant Fund to develop a Regional FaciliW Plan for the Planning Area, including a Large-Scale Seawater Desalination Demonstration Project. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Colmenero, Kiunison and Scott were absent. Mayor Neal opened discussion on Item 18 regarding an amendment to a contract with Turner Collie and Braden, Inc. for the desalination demonstration project. There were no comments from Minutes - Regular Council Meeting October 28, 2003 - Page 15 the audience or the Council. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2003-393 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an engineering services contract with Turner, Collie & Braden, Inc., of Houston, Texas in an amount not to exceed $500,000 for a Regional Water Facility Plan, including a Large-Scale Seawater Desalination Demonstration Project (Barney Davis Demonstration Desalination Plant). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, andNoyola, voting "Aye"; Kinnison and Scott were absent. Mayor Neal opened discussion on Item 19 regarding a contract with Freese & Nichols Inc. for the Garwood Pipeline. Mr. Massey stated that the contract was developed using a phased approach reflecting major decision points. Mr. Russell Gibson, Project Manager with Freese & Nichols, provided a presentation on the seven phases comprising the contract. He said the seven phases were as follows: Phase 1 - Screening study of delivery options; Phase 2 - Detailed Study of Delivery Options; Phase 3 - Pipeline Route Study; Phase 4 - Pipeline Surveying, Easement Acquisition and Permitting; Phase 5 - Pipeline Topographic Survey and Preliminary Design; Phase 6 - Final Design Bid; and Phase 7 - Bid, Award and Construction. Mayor Neal asked if Mr. Gibson anticipated completing the final report by April 2004. Mr. Gibson replied affirmatively. Mayor Neal asked for more information on the timing for the rest of the project. Mr. Kevin Stowers, Assistant Director of Engineering Services, replied that the timing would be fairly complex because it would depend on which options were chosen. He said that the phased approach was selected in part because it allowed the city and the consultant to have a better definition of the scope of services and associated fee requirements for each phase. Mayor Neal asked what the anticipated time line would be to complete the project. Mr. Gibson answered that in a perfect world, the final design and permitting phase would take two years and the bid, award and construction would take an additional two years. Mayor Neal remarked that there was a concern within the community that the city was losing sight of the Garwood Pipeline because of its plans for desalination. He stated that the city needed to be actively engaged in bringing the water into the system so that competing entities would not think the city has lost interest in this water source. He said that if the city could develop a detailed plan for the Garwood Pipeline, it would serve as evidence that the city had a serious interest. City Manager Noe commented that staff met with representatives from the LCRA today to discuss the city's intention of protecting its interests in the Garwood water in the long nm. He said it was an excellent meeting and staff was looking forward to continuing a dialogue with them. Council Member Garrett stated that the Port Industries had asked him to convey that they are strong supporters of this project. Minutes - Regular Council Meeting October 28, 2003 - Page 16 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2003-394 Motion authorizing the City Manager or his designee to execute an engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $116,100 for Garwood Water Supply Pipeline Routing Plan, Phase 1 services. The foregoing motion was passed and approved as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. 20. Mayor Neal announced the executive session, which was listed on the agenda as follows: Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe reminded the Council that the November 11, 2003 meeting would begin at noon with a joint luncheon with the Crime Control and Prevention District. Also on the November 11 agenda were the following items: reconsideration of the Special Use Permit for Ocean House; presentation on Re-Engineering; presentation on the results of the S.P.I.D. Congestion Study; an update on Packery Channel; and the authorization of the issuance of the next increment of bonds for the Packery Channel Project. On November 18, Mr. Noe reported that the Council meeting was scheduled to begin at noon to allow the Council and staff to travel to San Antonio for the Texas Municipal League conference. He said a public hearing on the capital budget and the public hearing on the Mustang/Padre Island Plan. Mayor Neal asked Mr. Chapa if the Ocean House item would be posted for 2:00 p.m. Mr. Chapa replied affirmatively. Council Member Chesney reminded the Council that the next town hall meeting was scheduled on November 3 at Crockett Elementary at 6:00 p.m., and would be hosted by Council Members Colmenero, Cooper, Garrett and himself. He thanked staff for the quick response they provided on the issue regarding Ennis Joslin that he had raised last week. He thanked the Mayor for his participation in Red Ribbon Week and encouraged the rest of the Council to participate. He extended his sympathies to the families of Dr. Howard Barth and Mr. Tom Nix, who had both passed away recently. Minutes - Regular Council Meeting October 28, 2003 - Page 17 Council Member Noyola asked City Manager Noe to respond to a letter he had received from Mr. Wilkerson regarding problems with the sale of a number of boats he had purchased at auction from the city. He asked when traffic lights were going to be installed at Cliff Maus and Old Brownsville Road. City Engineer Angel Escobar replied that the lights were scheduled to be completely installed in the next 45 days. Council Member Noyola also wanted to welcome the residents of the Casa Manana Apartments who were displaced due to the tornado that had hit the city a year ago. He said that of the 45 residents who were displaced, 35 residents returned to the complex while the remaining 10 residents were placed in altemate housing. Council Member Cooper stated that she had received a number of complaints from individuals saying that Ocean House was still having functions, despite the city's directive that this was a violation of the ordinance. City Manager Noe replied that staff had also received complaints and would follow-up. Ms. Cooper remarked that Ocean House was continually violating the Council's directive. Council Member Colmenero also mentioned the town hall meeting at 6:00 p.m. at Crockett Elementary on November 3. He said he had seen a drive-by shooting occur a few houses away from Crockett Elementary at 2:00 p.m. on Sunday. He told City Manager Noe that he had a number of ideas on how to address the problem. He discussed "pol cams", enhancement of Directed Patrol and Neighborhood Watch programs, and asking the JET unit for information on gang activity as possible solutions to address the problem. City Manager Noe said he would schedule a presentation on Directed Patrol and JET with regards to gang activity. Mr. Colmenero also asked for information on the expansion of international and domestic service to the Corpus Christi Airport. Council Member Chesney thanked staff for their quick response to Mr. Lamont Taylor's concerns at a previous meeting. He said he and Mr. Kelly had attended a meeting at Oveal Williams Senior Center. He commented that it would be a good idea to provide a brief summary of the meeting for the rest of the Council. Mayor Neal commented that the manholes on Airline Road between Saratoga and S.P.I.D. were three inches lower than the pavement. He asked staff to look into the problem. Council Member Garrett asked staff to look into a problem with the bus pads on Staples Street between Gollihar Road and S.P.I.D. Mayor Neal called for petitions from the audience. Ms. Dee Huber, 1311 15~ Street, spoke regarding her concerns about the effects on area businesses of closing off parts of Shoreline Boulevard to construct a park. Ms. Priscilla Leal, 4738 Cheryl, spoke regarding the progress of projects to address drainage problems in the Sunnybrook/Manshiem area. Mr. J.E. O'Brien, 4430 Pompano, spoke regarding a request by the Corpus Christi Taxpayers Association to adopt the provisions of Proposition 13 for the benefit of elderly and disabled homesteaders. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:15 p.m. on October 28, 2003. 2 ARTS AND CULTURAL COMMISSION - Ten (10) vacancies with terms to 9-01-05 and 9- 01-06 representing the following categories: 1 - Texas A & M University - Corpus Christi, 2 - Marketing, 1 - Business Development, 1 - Dance, 2 - Education/Youth, 2 - Economic Development, and 1 - Public ArffPublic Space. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative fi.om Music, Visual Art, Dance, Drama, Architecture, Texas A&M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, and the Hispanic Chamber of Commerce. The mayor may solicit suggested nominations for such appointments fi'om the respective cultural organizations for the non-lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. MEMBERS Deborah Fullerton (Visual Art), Chairperson *Linda Avila (Texas A&M-CC), Vice-Chair Chuck Anastos (Architecture) Armando Camina (Public Art / Public Space) Elia Gutierrez (Civic Leader) **R/cardo Sanchez (Marketing) *James Jones (Business Development) VACANT (Dance) ***Dennis Kemmerer (Education/Youth) VACANT (Economic Dev./Tourism) ****Elizabeth Reese (Public Art/Public Space) Anne Stewart (Del Mar College) *Lynda A.J. Jones (Education/Youth) J. Don Luna (Drama) ****Norma Urban (Economic Dev./Tourism) Colin Sykes (Music) *Daiquiri R/chard (Marketing) ORIGINAL TERM APPTD. DATE 9-01-04 8-24-99 9-01-03 2-22-00 9-01-05 12-12-00 9-01-05 10-08-02 9-01-04 2-22-00 9-01-03 2-29-00 9-01-03 6-17-03 9-01-04 9-01-04 12-08-98 9-01-05 9-01-03 8-24-99 9-01-05 11-13-01 9-01-03 6-17-03 9-01-04 6-17-03 9-01-03 10-08-02 9-01-04 12-12-00 9-01-03 10-08-02 * Seeking reappointment **Has exceeded the number of absences allowed by ordinance ***Resigned ****Is not seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Linda Avila (TAMU-CC) 11 James Jones (Bus. Dev.) 1 Lynda Jones (Ed./Youth) 2 Daiquiri Richard (Marketing) 8 NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERMYEAR 10 91% 1 100% 2 100% 8 100% OTHER INDIVIDUALS EXPRESSING INTEREST David Barganski Financial Consultant, A.G. Edwards. Graduate of Sinton High School with Honors. B.B.A. with Finance Major from Texas A&M - College Station. (6-12-03) Willie Campbell Occupation: Oil and Refining Industry. Corporate Trustee - St. John's Baptist Church; also a Youth Director and Sunday School Teacher. Enjoys painting and art. Very interested in serving his community.(6-11-03) Judith Ann DuBose Business Development Manager, Advanced Acoustic Concepts. Received a B.A. in Industrial Management and Economics and M.A. in Industrial Management. Received the Business Woman of the Year 1987. Activities include: Marine Military Academy, U.S. Judo Executive Board and Parent's Club. (09-05-03) Edgar Farrera Self-employed Architectural Consultant. Master's degree in Architecture from U.T. Austin. Peer Panel member of the Arts & Cultural Commission. Former Director of the Columbus Fleet Association from 1992-94. (8-01-01) Kevin Ferrau Asset Manager, Citgo Refining & Chemicals. M.B.A. from Pepperdine University; B.S. in Chemical Engineering, California State Polytechnic University. Community activities include: Padre Soccer League Board member, Director of Player Development and Coach; City of Corpus Christi Park and Recreation Department Volleyball League player. (3-08-02) Almira Flores Daniel Garza Linda O. Gibbson DeAnn Gould-Lancaster Brian York Grant Diane LaRue Radiology Technician, North Bay Hospital. Graduate of Spohn Hospital School of Radiological Technology. Professional and community activities include: Hispanic Women's Network of Texas (past president) and the Coastal Bend Society of Radiologic Technology, and Vice-Chair on the State Board of Hispanic Women's Network of Texas. Recipient of the Las Estrellas Award (Hispanic Women's Network). (8-09-02) Financial Officer, Texas Attorney General. Received a B.A. in English and minor in Political Science. President of EdgeWorks Film Festival. (9-26-03) Artists Representative. Associates degree (Medicine). Coordinates and participates in weekly life drawing class at Pat Center of Corpus Christi. Volunteers as a docent for South Texas Institute of the Arts. Board member of Padre Island Enrichment Women's Club. Employed by opera company prior to relocating to Corpus Christi. (6- 12-03) Arts Manager/Consultant (self-employed). M.A. in Arts Management, University of Illinois B Springfield; B.A. in Political Science with a minor in Sculpture, Clarion University of Pennsylvania. Professional and community activities include: American Association of Museums, National Association for Museum Exhibition, and New Neighbors League. (8-05-02) Director of Critical Care, Chrisms Spohn Health System. Educated in England with degrees in Nursing Management from the Oxford College of Technology. Member of Del Mar College Nursing Advisory Board. Singing Member of Corpus Christi Chorale. (9-07-01) Account Representative, Interspace Airport Advertising. A.S. in Business Administration from Peirce College and various courses from Temple and LaSalle University. Active in Corpus Christi Leadership Class XXIX. (10-07-02) Chad Luhan Scott McGill Molly Merkle Coeta Montgomery Joe W. Oliver Gustavo Valadez Ortiz, Ed.D. Laura Ann Pitt Project Controls, Bay Ltd. B.S. in Environmental Biology t~om Texas A & M University - Corpus Christi. Pursing a Master's in Business Administration. Member of the Padre Island Business Association and a Youth Minister at St. Andrews by the Sea. Prior involvement in C.C.Yes Surfers for Packery Channel and Beautify Corpus Christi. (4-09-03) Self-employed. Has a degree in English and Liberal Arts. Member of the Art Museum of South Texas. Lifelong interest in art and photography. (5-14-03) Completing her senior year in Fine Arts program at Texas A&M - Corpus Christi. Serves on the Board of Trustees at South Texas Institute for the Arts. Artist at W-Studio with Bill Wilhelm. (9-10-01) ADCAP Director, University of Incarnate Word. B.B.A. in Human Resources and M.S. in Organizational Training and Development at Texas A & M University - Corpus Christi. Member of the Corpus Christi Chamber of Commerce. Inspection Supervisor, Citgo Refining & Chemical. B.S. in Mechanical Engineering, University of Texas at Austin. Professional activities include: American Society of Mechanical Engineers and a Registered Professional Engineer in Texas. Volunteers with youth sport organizations. (3-08- O2) President, Del Mar College. Ed.D. in Higher Education Organization; M.A. in Mathematics and Spanish Literature; B.A. cum lande in Mathematics. Has served on the Fine Arts Commission in San Jose, CA, and the Cultural Affairs Advisory Board and the Advisory Council on Latino Affairs in Chicago. (12-23-02) Director of Sales & Marketing, Congressman Solomon P. Ortiz International Center. Received a B.A. from the Univeristy of Evansville. Activities include: Leadership Corpus Christi Class XXXII, President of Hospitality Sales and Marketing Daniel Ramos, Jr. Marilyn K. Spencer Sharlene Sexton Laura Spear Smith Jennifer Anne Taylor Van P. Villa Association, Ambassador for Corpus Christi Chamber of Commeme, member of the Hispanic Chamber, Convention and Visitors Bureau Partner Committee and Executive Director for the March of Dimes. (10-21-03) Vocational Coach, Corpus Christi State School. Assistant coach for the Special Olympics. Received the award for Employee of the Month. (10-09-03) Director of Centers for Academic Success & Advising, Texas A&M University - Corpus Christi. Ph.D. and M.A. in Economics. Professional and community activities include: Board of Directors of the Corpus Christi Area Council for the Deaf and President of the Southside Rotary Club. Research has included studies of state and local revenue and expenditure decisions, Hispanic labor fome issues and local community consumer confidence. (12-05- O2) Deputy Executive Director, Corpus Christi Housing Authority. M.A. in Human Resource Development and Business Management, Webster University. Has 25 years of military service. Member of Leadership Class XX. (2-26-03) Realtor, Coldwell Banker - Pacesetter Steel. Received B.A. from the University of Texas at Austin. Past activities include: President of TBE Sisterhood, President of TBE, President of Concert Ballet Guild. (6-23-03) Executive Director, Family Outreach. M.A. in Arts Policy and Administration, Ohio State University; B.A. in Art History, University of South Carolina. Served as a grant panelist for the Idaho Commission on the Arts (ICA) reviewing and evaluating grant applications. Has ten years experience in project management, grant writing and corporate and foundation relations. (8-12-02) Received B.A. in French and M.A. in French Literature. Member of the Ballet Nacional, Asian Museum and the Carroll Choir Booster Club. (3- OS-O~) Brian Watson Larry L. Weingartuer Carolyn Young Rose Zuniga Freelance photographer, writer and journalist. B.A. in Managerial Studies, Rice University. Numerous academic awards: President's Honor Roll at Rice University, National Dean's List and member of Phi Kappa Phi Academic Honor Society. Participant in the Community Leadership Development Program, receiving training in wide variety of areas affecting the disabled (transportation, housing, employment and advocacy). (11-26-01) Owner, Sonshine Photos. Active volunteer with the Art Center of Corpus Christi and Art Fest. Recipient of various fine art awards. One of his photographs is displayed in the White House. (8-07- O2) Candidate for Masters of Arts degree in Studio Art, Texas A&M-Corpus Christi. B.A. in Hearing and Speech Therapy, University of Texas at Austin. Professional artist and licensed professional hearing and speech therapist. Active with the Art Museum of South Texas Board of Trustees, South Padre Island Chamber of Commerce. (9-27-02) Program Assistant, Texas A & M University. Undergraduate Senior in Sociology with a minor in Mexican American Studies. Trainer and facilitator for the University Campus Diversity Program, New Hire Trainer, and Summer Session Teacher for Title V Campus sessions. Sponsor for University folklorico dance organization, Campus Latina Interest Sorority Group, United Campus Ministries and Amigos. (10-06-03) bo CITIZENS ADVISORY HEALTH BOARD - One (1) vacancy with a three year term to 11- 11-06. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three-year terms, five (5) by the Commissioners Court; and one member appointed jointly by the City and the County. The board elects its own president and vice president. MEMBERS Rose Caballero (County), Chair Melinda Gonzales (City), Vice-Chair Leo Barrera, Jr. (County) VACANT (County) Karen Beard (City) Gloria Farias (City) Larry Bittle (City) Dr. Tony Diaz (County) VACANT (County) Blanca Rosa Garcia (Joint) *Amanda Stukenberg (City) ORIGINAL TERMS APPTD. DATES Non-Expiring 4-99 11-11-05 8-15-95 Non-Expiring 4-24-84 Non-Expiring 11-11-05 11-12-02 11-11-04 11-12-02 I 1-11-05 12-10-02 Non-Expiring 11-11-78 Non-Expiring 11-11-05 5-09-95 11-11-03 5-08-01 * Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Amanda Stukenberg (City) 8 6 75% OTHER INDIVIDUALS EXPRESSING INTEREST Larry Bittle Human Resources Manager, Sherwin Alum'ma. B.S. in Chemical Engineering, University of Arkansas. (11-13-02) Irene Chavez Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication fi.om St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance Laura Hebert Michelle Thomas Kai-Li Tsai Dr. Melissa Wilson for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (6.04-02) Professional Insurance Advisor, Arvak Insurance Group. Community activities include: President Elect of the CBAHU, President of Delta Gamma, RCIA teacher, and member of Eastern Star 354. (10-16.02) Injury Prevention Coordinator, Driscoll Children's Hospital. Received B.S. in Kinesiology/Health Education fi.om Texas A & m University - Corpus Christi. Received the Texas EMS Citizen's Award. Member of the Child Fatality Review Team, Coastal bend Regional Advisory Council on Trauma, C.C. Youth Alcohol Awareness Coalition and C.C. Safe Communities Coalition. (06-20-03) Assistant Professor, Texas A & M University - Corpus Christi. Received M.S. in Health Policy and Management from Harvard School of Public Health and Ph.D. in Health Services Administration fi.om UCLA School of Public Health. (10-13-03) Self-employed consultant. Received B.S. fi.om University of Texas at Austin and M.D. fi.om University of Texas Southwestern. Member of the Nueces County Medical Society, Diabetes Consortium and CAPWELL. (03-10-03) COMMITTEE FOR PERSONS WITH DISABILITITES - One (1) vacancy with term to 2- 01-05. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex-officio non-voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. MEMBERS TERM ORIGINAL APPTD. DATE Crystal Lyons, Chairperson 2-01-04 Mary J. Saenz 2-01-05 *Debra Valenzuela 2-01-05 Linda Fallwell-Stover 2-01-04 Roberto M. Flores 2-01-05 Billy Ray Sayles 2-01-04 Toni Padilla 2-01-04 Eloy Soza 2-01-05 Glen Ray Tomo 2-01-05 Park & Recreation Director Ex-officio Human Relations Director Ex-officio Building Official Ex-officio 2-27-01 8-21-01 2-11-03 2-27-01 2-27-01 12-11-01 2-27-01 2-27-01 2-27-01 *Has exceeded the number of absences allowed by ordinance INDIVIDUALS EXPRESSING INTEREST Robert A. Bangham Director of Orthotics, Park Prosthetics Inc. Licensed Orthotist and Board Certified with the American Board for Certification in Orthotics. Academic training acquired at Northwestern University and New York University. Past Scientific Program Chairman for Texas Association of Orthotists and Prosthetists. More than 40 years of experience in Orthotics and Prosthetics. (1-24- Clifford E. Bost Johnette B. Cook Irene Chavez Gonzalo "Gonzo" Gonzalez Janet K. Henry Mike Patterson Assistant Public Information Officer, Texas Department of Transportation. B.A. in Communications TV/Film from Texas A & M University - Corpus Christi. Activities include: Cubmaster for Boys Scouts of America, President of Coastal Bend Top Soccer and Chairman of the Planning Advisory Committee for MHMR. (8-05- O2) Director of Personnel and Safety, Western Steel Company. Bachelor's in Social Work/Certification for Teaching (Secondary English). Activities include: Corpus Christi Human Resource Managers, Executive Women International, and Family Outreach Corpus Christi. (2-03-03) Assistant Director of Community, Corpus Christi State School. Attended St. Mary's University. Activities include: Volunteer Services Council, Cesar Chavez Committee and Coastal Bend Alliance for Youth. (6-04-02) Student Support Specialist, Texas A&M University- Corpus Christi. B.A. in Psychology (Highest Honors) and M.A. in Psychology (expected in 2002), Texas A&M-CC. Also serves as Disabilities Services Consultant and Interagency Liaison with Texas A&M-CC. Special awards include a Commendable Service Certificate from the Defense Distribution Depot, C.C. Naval Air Station. (8-16- Ol) Psychotherapist. Holds a Master of Arts degree. Active with the Karen E. Henry Foundation and Housing for Persons with Disabilities. Past President of Brain Injuries Association of South Texas. (2-01-01) Assistant Director of Transportation, CCISD. Holds a B.S. in Criminal Justice and M.B.A. Established special needs transportation within CCISD in 1996. (1-2S-0~) Helen Roland Salesperson, Double R. Medical. Attended University of Omaha. Received an award for her work on the Barbara Jordan Award held in Corpus Christi and for her work on the MS Society Walk. (2-05-01) David D. Russell Owner, Russell Medical - specializes in providing for disabled community. Associate's degree in Architectural Technology, Del Mar College. Has 12 years experience working with people with both short and long-term disabilities. (2-08-01) Brian Watson Freelance photographer, writer and journalist. B.A. in Managerial Studies, Rice University. Numerous academic awards: President's Honor Roll at Rice University, National Dean's List and member of Phi Kappa Phi Academic Honor Society. Participant in the Community Leadership Development Program, receiving training in wide variety of areas affecting the disabled (transportation, housing, employment and advocacy). (11-26-01) Curtis Weidner Case Manager, Communities in Schools. B.A. and M.S. in Secondary Education and M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (11-22-02) Jack Widder Administrator, APAC. Attended Del Mar College. (S-O2-OD d. ETHICS COMMISSION - Five (5) vacancies with terms to 10-01-04, 10-01-05 and 10-01-06. (.4ppointed by two-thirds vote of the full Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. COMPOSITION: Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited fi.om a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. MEMBERS Gloria Perez, Chairperson *Rev. Dr. Raymond Kiser Rev. Derrick Reaves Fred Haley Harold R. Fredrickson Joe Guzman Captain Craig Reynolds Robert N. Corrigan. James Richard Cramer ORIGINAL TERM APPTD. DATE 10-01-06 11-09-99 10-01-06 11-09-99 10-01-05 10-12-99 10-01-05 11-14-00 10-01-04 6-12-01 10-01-06 10-14-03 10-01-04 6-13-00 10-01-04 10-14-03 10-01-05 10-14-03 *Resigned INDIVIDUALS EXPRESSING INTEREST David Amori Branch Manager, Professional Service Industries, Inc. Received B.S. fi.om the University of Colorado and M.S. from the University of Birmingham. Member of the American Society of Civil Engineering and Counsel of Engineer Consultants. (?-o7-o3) Kevin Betts Haysam Dawod, D.D.S. Jack Gordy Harlan R. Heitkamp Roy Martinez Lucy Reta Z. Paul Reynolds Executive Director, Trinity Towers Retirement Community. Associate's degree fxom Columbus State College. Certified Assisted Living Manager in Texas. (6-15-01) Dentist. D.D.S., U.T. Health Science Center, Houston, TX; B.S. from Corpus Christi State University. Community activities include: C.C. Evening Rotary Club (Past President), volunteer Dentist for Clinica Corpus Christi - Guatemala, graduate of Leadership Corpus Christi XXIX and member of the Leadership Alumni Coordinating Board. (10-14-02) Retired military. High school graduate plus one year at Del Mar College. (5-22-01) Chairman of the Board, Value Bank Texas. Received B.S. and M.S. in Civil Engineering, Texas Tech University. Activities include: Board of Directors of Independent Banker's Association of Texas, C.C> Yacht Club, Texas Tech Ex-Students Association, Red Raider Club, Ducks Unlimited, Quail Unlimited and Gulf Coastal Conservation Association. (11-07-03) Letter Carder, U.S. Postal Service. Member of American Legion, G.I. Forum, Disabled American Veterans, and National Association of Letter Carders. Has been recognized by the Postal Service for customer service. (8-14-03) Administrative Assistant, Corpus Christi Chamber of Commerce. Member of the Westside Business Association and Leadership Corpus Christi. Past Chairman of Sister City Committee. (8-27-03) Assistant Director of the University Center, Texas A & M University - Corpus Christi. Received B.Ed., University of Texas and M.S. Ed. and Ed.D., University of Pennsylvania. Activities include: Association of College Unions Intemational, National Association of Student Personnel Administrators, Paths of Courage and GLSEN Finance Committee Member. (5-11-03) Sharlene Sexton Deputy Executive Director, Corpus Christi Housing Authority. M.A. in Human Resource Development and Business Management, Webster University. Has 25 years of military service. Member of Leadership Class XX. (2-26-03) Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (9-20-01) HUMAN RELATIONS COMMISSION - Two (2) vacancies with terms to 6-14-05 and 6-14- 06 representing the following categories: 1 - Regular member and 1 - Rental Dwelling. (Mayoral appointment with approval of the Council) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms. The Chairperson of the Committee for Persons with Disabilities serving as an ex-officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES Oscar Hinojosa, Sr., Chairperson 6-14-05 Sylvester Peterson, Vice-Chairperson 6-14-05 Amy Rhoads 6-14-04 Nancy Vera 6-14-06 Dr. Carol Ledbetter 6-14-06 Dr. Gustavo Valadez Ortiz 6-14-06 Ruth Silva 6-14-05 *Richard Johnson 6-14-05 Stuart Elovitz, M.D. 6-14-04 Betty Black (Selling Dwellings) 6-14-04 VACANT (Rental Dwellings) 6-14-06 Lisa Bonilla (Youth) 6-14-04 Marisa K. Dowling (Youth) 6-14-04 Albert Santoya (Youth) 6-14-04 C~ystal Lyons (Comm. Pers. Disab. Chair) Ex-officio (Voting) Errol Summerlin (Legal Aide Society) Continuous 5-11-99 12-08-98 7-10-01 7-10-01 9-23-03 2-12-02 2-12-02 7-10-01 9-19-00 7-10-01 9-23-03 9-23 -03 9-23-03 *Resigned INDIVIDUALS EXPRESSING INTEREST Linda Avila Dean of Community Outreach, Texas A & M University - Corpus Christi. Received M.Ed. in School Principalship, and Ph.D. in Education Administration. Member of the Arts and Cultural Commission, Women's Shelter Board, Regional Leaders Forum and Leadership Corpus Christi. Currently serves on Arts and Cultural Commission. (7-26-0~) Dr. Clifton P. Baldwin Founder and Director, Corpus Christi Chaplain Services. Received Bachelor of Joumalism for the University of Texas at Austin, Master's in Psychology for University of North Texas and Doctorate of Divinity and Theological Studies fi:om Texas Christian State University. Received the Distinguished Service Award from the President's Committee on the Employment of the Handicapped and the National Service Award from the National Organization of Disability. (9-22-03) Theresa Holder Senior Property Supervisor, ARl/Fidinam. Thirty years experience in apartment industry. Serves on the Corpus Christi Apa~hnent Association Board of Directors. (Rental Dwellings) (10-16-03) Lucy Reta Administrative Assistant, Corpus Christi Chamber of Commerce. Member of the Westside Business Association and Leadership Corpus Christi Alumni. Past General Chairman of the Sister City Committee. (8-29-05) Z. Paul Reynolds Assistant Director of University Center, Texas A & M University - Corpus Christi. Received B.Ed. fi:om the University of Toledo, M.S. Ed. and Ed.D. (ABD) fi:om the University of Pennsylvia. Member of the Association of College Unions International, National Association of Student Personnel Administrators and Paths of Courage. (5-25-03) Mary Helen Salazar Lynne Van Gould Owner, SS Structure, Inc.; Co-Owner, S & S Painting & Drywall Company. Associate's degree in Marketing, Del Mar College. 1999 President of LULAC Council No. 1. Past member of Minority Contractors Council and Hispanic Chamber of Commerce. (2-01-00) Case Manager, Metro Ministries. Holds a Texas Certificate in Case Management. Community activities include: President of Dress for Success, former member of Homeless Issues Partnership and HUD Work 2001 Advisory Council. (6-27-01) LIBRARY BOARD - Five (5) vacancies with two-year terms to 11-05-05. DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. MEMBERS **Patty Nuss, Chairperson Yvonne Klystra, Vice-Chairperson *Reynaldo Rodriguez Margaret Moss *Charles Bumes *Dr. C. Thomas Cron Dr. A.N.M. Waheeduzzaman *Treva Bedwell Robin Carter, Pres., La Retama Club Ken Kellar, Pres., Friend of Libraries Sue Stanford ORIGINAL TERM APPTD. DATE 11-05-03 5-20-97 11-05-04 12-12-00 11-05-03 11-13-01 11-05-04 12-08-98 11-05-03 3-10-98 11-05-03 11-13-01 11-05-04 11-12-02 11-05-03 3-10-98 Ex-Officio Ex-Officio Honorary, non-voting 1 - 17-03 *Seeking reappointment **Has met the six-year limitation and is ineligible for reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Reynaldo Rodriguez 9 7 78% Charles Bumes 9 8 89% Dr. C. Thomas Cron 9 8 89% Treva Bedwell 9 8 89% OTHER INDIVIDUALS INTERESTED Nancy Gray Retired. B.A. in Sociology, Lamar University. Community activities include: Treasurer of New Neighbors League, YWCA board member and United Way Allocations Panel Member. (10-26-01) Barbara Silverman Retired, Librarian. B.A. from Washington University, M.L.S. from Texas Women's University and M.Ed. from Corpus Christi University. Member of the Texas Library Association and American Library Association. (10-28-02) g. PORT OF CORPUS CHRISTI AUTHORITY - One (1) vacancy with a three-year term to 1- 02-07. DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution. COMPOSITION: Eight (8) members with three (3) appointed by the City Council, four (4) appointed by the Nueces County Commissioners Court and one (1) appointed by San Patricio County for staggered terms. .MEMBERS TERM ORIGINAL APPTD. DATE *Ruben Bonilla, Jr. (City), Chairman Bernard A. Paulson (City), Vice-Chairman Yolanda G. Olivarez (County) Robert J. Gonzalez, Sr. (County) Anthony E. Pletcher (County) William D. Dodge, III (County) Mike Carrell (City) Judy Hawley (San Patricio) 1-02-04 1-02-06 1-02-06 1-02-06 1-02-04 1-02-05 1-02-05 1-02-07 8-12-97 10-08-96 12-18-96 1-11-00 1-01-01 8-28-01 *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Ruben Bonilla, Jr. 11 10 91% OTHER INDIVIDUALS EXPRESSING INTEREST Cynthia Alcorta Language Arts Teacher, C.C.I.S.D. Manages a folklorico studio for children ages 3 and up. (10- 09-01) Valefie Vargas Ballesteros Financial Advisor, Merrill Lynch. B.B.A. from the University of the Incarnate Word - Del Mar College. Community activities include: member of Hispanic Chamber of Commerce, the ARK, IWA Marketing Committee and volunteer for the Instituto de Culturas Hispanicas. Recipient of Centennial Scholar Award from Incarnate Word College. (8-07-02) Regis Barber Margaret Canales J. Bradley Clarke Bill Clybum Dasd H. Dear Juan M. De La Garza David P. Engel President/CEO, South Texas Lighthouse for the Blind. Received B.A. from OLS College and M.A. for St. Mary's University. Regional representative for the General Council of Industries for the Blind and member of the West Corpus Christi Rotary Club. (3-25-00) General Administrative Assistant, Citgo Refinery. B.B.A. from the University of Incarnate Word. Member of Citgo 2001 United Way Committee. (9- 07-01) Self-employed, Real Estate Sales. (8-06-01) Engineering Group Leader, Citgo Refining & Chemical. B.S. in Chemical Engineering (Summa Cum Laude). Professional and community activities include: "Zoom into Engineering" program at Texas A&M University-Corpus Christi, Citgo Engineer recruiter and science fair judge. (3- 08-02) Asset Manager, City Refining & Chemical. Professional and community activities include: Leadership Corpus Christi Class 30, member of Board International Seamen's Center, and President of the Marine Propeller Club. Recipient of OSPRA award (state environmental award). (3-13-02) Owner, Auto America Service Center, Inc. Associate's degree from Del Mar College. Activities include: Rotary Club member and Car Club (AutoAmerican Race Team) that mentors teenagers. (5-25-01) Principal, Engel and Associates, LLC. B.B.A. from Southern Methodist University. Graduate of the Harvard University Owner President Management Program. Has more than 28 years of experience in all areas of business management, including acquisitions, divestitures and financial performance improvement. Leadership Corpus Christi alumni. (S-21-01) Randy Farrar Herbie Garcia, Jr. Ernest R. Garza Paul Grivich Steven Hall, Ph.D. Mike T. Johnson President, TexCoast Enterprises, Inc. B.B.A. in Accounting from Texas A & M University. Member of the Governmental Relations Committee of the Texas Association of Builders. Received the 97-98 Caller Times Best of the Best Readers Choice Award. (2-16-00) President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS fi'om Texas A&~orpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Employed as a Senior Planner with the City of Houston and Manager in Texas Governor's Office during Richards administration. (2-13-00) President, Ernest R. Garza and Company, P.C. - Certified Public Accountants. B.B.A. in Accounting, Corpus Christi State University. Community activities include: Director of Nueces River Authority Board (state appointment by former Gov. Bush), Vice-Chairman of Hispanic Contractor's Association, and Northwest Business Association member. Recipient of the 1989 Financial Advocate of the Year Award from the C.C. Hispanic Chamber of Commerce. (05-01-01) Extensive background in finance, accounting and management. B.S. in Political Science, Sam Houston State University. Activities include: former member of the Board of Adjustment and current member of the Nueces County Tax Appraisal District. (6-05-01) Professor of Accounting, Texas A&M University - Corpus Christi. B.B.A., M.B.A. and Ph.D. in Accounting. Active with the Westside Business Association and the Texas Jazz Festival Society. (10-11-oo) Administrator, Chrisms Spohn Hospital South. Vice-President, Cbxistus Spohn Health System. M.P.A. in Public Administration, Texas Tech University. Certified Registered Nurse and Licensed Nursing Facility Administrator. Activities Randy Lara Leon S. Loeb Ed A. Lopez Joe E. Martinez, Jr. Marc A. McAllister include: Diplomat, American College of Healthcare Executives Regional Advisory Board and American College of Healthcare Administrators. (4- 01-02) Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (9-13-00) Owner, LandLord Resources, L.L.C.M.B.A. from Harvard Business School and Master's in Public Policy from the J.F.K. School of Government at Harvard. Professional and community activities include: Advisory Board, C.C. Bank & Trust; Co- chair of Development, South Texas Institute for the Arts, Advisory Board for the College of Business, Texas A&---CC. (6-19-01) Executive Vice-President / Chief Lending Officer, The Bank of Alice. B.B.A. in Finance, Texas A&I University; Graduate School of Banking, University of Wisconsin at Madison. Community activities include: former member of the Coastal Bend Workforce Development Corporation, Housing Authority board and Boys and Girls Club; current member of Hispanic Chamber and Texas Appraisal and Licensing Board. (7-22-02) School Services Consultant, CCISD. M.S. in Education Administration and B.S. in Secondary Education from Texas A&I - Kingsville. Activities include past treasurer of the Christi Center, member of Phi Delta Kappa and member of the Texas Association of Secondary School Principals. Named the Outstanding Principal for TASSP in 1995. (10- 04-00) President, McAllister Marine Surveying Co. A.A.S. in Marine Technology. Member of the National Association of Marine Surveyors, National Fire Protection Association and Boat and Yacht Council. (~-06-01) Donald Ocker Eloy H. Salazar Billy Ray Sayles Charles W. Schibi Jane H. Stanford, Ph.D. Ronald B. Wheaton Owner of Bar D River Ranch. B.S. in Agriculture from Texas A&M University at College Station. Director of Corpus Christi A&M Club. (5-15-01) Self-employed, Real Estate Investor. Received an Associates in Business Administration. Member of the Hispanic Chamber of Commerce, the Nueces County Tax Appraisal District and the Planning Commission. (4-25-01) Therapist, Spiritual Way Addiction Counseling Service. Holds degrees in mental health, psychology and Educational Psychology (Associate in Applied Science, Bachelor of Arts and Master's of Science). Member of the MHMR Planning Advisory Committee (current chairman) and the MHMR Provider Network Advisory Committee. (11-28-01) Managing Partner, APEX Engineers and Consultants, Inc. B.S. in Civil Engineering, Texas A&M University - Kingsville. Member of American Society of Civil Engineers, American Society of Mechanical Engineers. Vice Chair of the Board of Trustees for Texas Lighthouse for the Blind. (3-03-00) Consultant, Strategic Management Solutions. Serves as an adjunct professor at Texas A&M - Corpus Christi. Ph.D. in Organization Theory and Strategic Management and an M.B.A. Current member of Leadership Corpus Christi Class XXX, the Chamber of Commerce and the Hispanic Chamber of Commerce. (1-29-02) President, BMW Engineering, Inc. Area of expertise: Mechanical Engineer. B.S. Michigan State University. Licensed by Texas State Board of Professional Engineers. (4-19-00) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Wilson Supply, Houston, Texas for approximately 26,000 feet of steel pipe ranging in size from 1" to 8" in accordance with Bid Invitation No. BI-0004~04, based on low bid for an estimated semi annual expenditure of $84,594. The pipe is used by the Gas Department. The term of the contract will be for six months with an option to extend £or up to four additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 03-04. Purpose: The Gas department will use the pipe for the construction and maintenance of the natural gas distribution system. The 1" pipe will be coated, wrapped and delivered to the City's Warehouse. The 2" and larger pipe will be delivered to a local pipe coater's yard, in quantity lots of 2000 feet, where it will be coated, wrapped and stored until needed by the City. A semi annual contract is recommended to allow staff to research the market in six months for a potential softening of prices for steel pipe. Previous Contract: The option to extend the previous contract was exercised, requiring new bids to be received. Bid Invitations Issued: 14 Bids Received: 6 Pricing Analysis: When compared to the previous bid of 2000, pricing has remained stable. Award Basis: Low Bid Funding: Gas Department 520160-4130-34130 Mi-- -ha PM~rement an Genera Services Manager $84,594 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 09/10/2003 reflects 6 month quantities BID INVITATION NO. BI-0004-04 26,400 ft. of Steel Pipe ranging in size from 1" to 8" VENDOR WILSON SUPPLY HOUSTON, TX TEXAS PIPE & SUPPLY CORPUS CHRISTI, TX PIONEER PIPE DENVER, CO DIXIE PIPE SALES HOUSTON, TX INDUSTRIAL PIPING & STEEL CORPUS CHRISTI, TX PIPE EXCHANGE, INC. HOUSTON, TX TOTAL PRICE ~841594.00 85,506.00 91,812.00 115,750.00 161,044.00 (*) 78,570.00 (Incomplete) (*) Does not comply with local delivery requirments 4 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Casco Industries Inc., Pasadena, Texas for firefighting clothing consisting of seventy-six sets of pants and coats, based on sole source, for an estimated annual expenditure of $68,020. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Fire Department in FY03-04. BACKGROUND: Purpose: Previous Contract: Pricing Analysis: Award Basis: The firefighting clothing is worn by City Firefighters for protection against fire and heat. The previous contract was not extended due to revisions to specifications. Pricing has increased 12% since the last bid of 2000. Sole Source The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past eight years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Pasadena, Texas is the exclusive dealer in Texas, representing Globe Firefighters Suits. Funding: Fire Dept. 520040-1020-12010 520040-1020-12060 $58,020 $10,000 Procuremeflt and General Services Manager Total $68,020 FIREFIGHTING CLOTHING CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION FIREFIGHTING CLOTHING BI-0008-04 Item Description Qty. 1 Turnout Coat 76 Turnout Pant Manufacturer 76 Casco Industries Pasadena, Texas Unit I Extended Price Price $536.00 $40~736.0C 359.00 27,284.0¢ Globe Total $68,020.00 The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past eight years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Pasadena, Texas is the exclusive dealer in Texas, representing Globe Firefighters Suits. 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 11, 2003 AGENDA ITEM: Ordinance appropriating $733,900 from the Reserve for Golf Course Design in Golf Fund 4690 for improvements to Gabe Lozano Sr. Golf Course and the Oso Beach Municipal Golf Course; amending Ordinance No. 025394 which adopted the FY 2003-2004 operating budget by increasing appropriations by $733,900; and declaring an emergency. ISSUE: Staff is proceeding on the Council's request to use the surcharge funds to begin work on the improvements identified in the National Golf Foundation Study. REQUIRED COUNCIL ACTION: The City Council must approve all appropriations. PREVIOUS COUNCIL ACTION: The City Council passed the fiscal year 03-04 budget in July of 2003. FUNDING: Funding is in place but not appropriated. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council appropriate $733,900 from the Golf Fund 4690 from the green fee surcharge reserve for capital improvements to pay for improvements to the golf courses, David Ondrias, Acting Director Park and Recreation Department Attachments: Background Information BACKGROUNDINFORMATION NGF Consulting determined that although the market could possibly sustain a third municipal golf course, that sustenance would be at the expense of the existing two courses, NGF Consulting recommended against building a third golf course and, instead, focus on determining capital improvements needed to improve the existing municipal courses. NGF Consulting prepared a prioritized and full-cost capital improvement list for each of the existing municipal courses. Based on that list of capital improvements at the two courses, Council was presented with a plan of action to use the current surcharge balance to begin the improvements. The amount used this fiscal year for surcharge improvements is $733,900. This total includes improvements at Oso Golf Course of $195,900 and $538,000 at Gabe Lozano Golf Course. Of the total amount, $133,000 will be used to hire additional temporary help to complete all projects so that ongoing maintenance requirements at the golf courses will not be sacrificed. $564,900 of the work will be subcontracted for 4 projects because of the intense labor and equipment requirements. Materials used by golf course staff to complete the other projects will total $34,000, including $3,000 worth of irrigation materials. $2,000 of overtime for golf course staff will be required to complete the drainage installation project at Oso Golf Course. FY03-04 Golf Surcharge Appropriation 10/2g/2003 A~count Number 510200 620130 520160 530000 530070 TOTAL 36200 - GABE Turf Limits 1,000 3,000 4,00(] Tree planting 3,000 1,000 4,00(] Irrigation work 379,000 379,00(] Re work bunkers 25,000 11,000 36,00(] Remaining labor 63,00(~ 63,000 Botanical supplies 40,000 12,00(] 52,00(] Total Gabo (] 29,000 (] 419,000 90,00(~ 538.000 35210 - 080 Tree planting 2,000 2,000 Add greens surface 3,00(] 3,000 Install drainage 2,000 3,00(] 40,00(] 45,000 Bulk heading 40,000 40,000 Pump st~ion 105,900 105,900 Total Oso 2,000 2,000 3,00(] 145,900 43,00(] 195,900 TOTAL APPROPRIATION 2,000 31,000 3,000 564,900 133,000 733,900 ORDINANCE APPROPRIATING $733,900 FROM THE RESERVE FOR GOLF COURSE DESIGN IN GOLF FUND 4690 FOR IMPROVEMENTS TO GABE LOZANO, SR. GOLF COURSE AND THE OSO BEACH MUNICIPAL GOLF COURSE; AMENDING FY 2003-2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 TO INCREASE APPROPRIATIONS BY $733,900; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $733,900 from the reserve for Golf Course Design in Golf Fund 4690 is appropriated for improvements to Gabe Lozano, Sr. Golf Course and the Oso Beach Municipal Golf Course. SECTION 2. That the FY 2003-2004 Operating Budget adopted by Ordinance NO. 025394 is amended to increase appropriations by $733,900. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. NeaI, Jr. Mayor APPROVED: October 30, 2003 Lisa Aguila~0 Assistant City Attorney for City Attorney 6 AGENDA MEMORANDUM DATE: November 11,2003 SUBJECT: Water Main Improvements along Elizabeth Street and 19th Street (Project No. 8488) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with Martinez, Guy & Maybik for a total fee not to exceed $152,993 for the Water Main Improvements along Elizabeth Street and 19th Street. ISSUE: The water main located along Elizabeth Street serves Spohn Shoreline Hospital and the water main located along 19th Street serves Spohn Memorial Hospital. These two water mains require improvements to provide adequate pressure and redundancy in critical areas of the City. The proposed project includes the preliminary phase, design phase, bid phase, and construction phase for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Water Capital Improvement Budget. R~ !COMMENDATION: Staff recommends approval of the motion as presented. u/ /o ~"~rdo (~rafi~', I~ E ~i~el R. Escobar, P. E., l~irector of Engineering Services E£ Director of Water Department Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit"C" Location Map H \USERS2tHOME~VELMAR\GENIWATER~84881CON SULTANT AGENDA'~,GENDA MEMO BACKGROUND INFORMATION SUBJECT: Water Main Improvements- Elizabeth Street/19th Street (Project No. 8488) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11,2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. April 17, 2003 - Addendum No. I to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8. April 25, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. August 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. H:\USERS2\HOME~VELMAR~GEN~WATER~488\CONSULTANT AGENDA'~,GENDA BACKGROUND EXHIBIT "A" 1 PROJECT DESCRIPTION: This project consists of improvements to the City's water main distribution system required to provide adequate pressure and redundancy in critical areas of the City. The water mains located on streets in hospital areas (19~ Street and Elizabeth Street areas) require improvement. Also, other pressure related upgrades in other areas may be necessary, which will be addressed in the future. The proposed project consists of preliminary, design, bid, and construction phase services for the required improvements. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:\USERS2\HOME\VELMAR\GEN\WATER~64881CONSU LTANT AGENDA'~,GENDA BACKGROUND EXHIBIT "A" 1 Page 2 of 2 CONTRACT SUMMARY Water Main Improvements Elizabeth Street/19th Street (Project No. 8488¥ 1. SCOPE OF PROJECT This project consists of improvements to the City's water main distribution system required to provide adequate pressure and redundancy in critical areas of the City. The water mains located on streets in hospital areas (19th St. and Elizabeth St. areas) require improvement. Also, other pressure related upgrades in other areas may be addressed in the future. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday November 19, 2003 Begin LER/Topographic Survey Monday December 22, 2003 Submit LER Monday December 22, 2003 City Review of LER Tuesday January 06, 2004 Begin Design Phase Friday January 30, 2004 60% Submittal Friday February 20, 2004 City Review Friday March 19, 2004 100% Submittal Friday April 02, 2004 City Review Friday April 09, 2004 Final Submittal Monday (2) April 19, 2004 Advertise for Bids Wednesday April 28, 2004 Pre-Bid Conference Wednesday May 05, 2004 Receive Bids Monday June 21, 2004 Begin Construction Tuesday December 21, 2004 Construction Completion (6 mos.) H:~USERS2~HOME\VELMAR~GEN\WATER~8488~CONSULTANT AGEN DAICONTR~,CT SUMMARY EXHIBIT "B" Page 1 of 2 FEES Fee for Basic Services 1. Preliminary Phase $32,748.00 2. Design Phase 58,415.00 3. Bid Phase 1,795.00 4. Construction Phase 11,395.00 Subtotal Basic Services Fees 104,353.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) NPDES PermitJAmendments 1,500.00 Texas Department of License and Regulation 2,500.00 Total Permitting 4,000.00 2. Topographic Survey (AUTHORIZED) 28,510.00 3. Construction Observation Services 14,970.00 4. Warranty Phase 1,160.00 Sub-Total Additional Services Fees Authorized 48,640.00 Total Authorized Fee $152,993.00 H:IUSERS2\HOM EIVELMAR\GEN\WATER\8488\CONSULTANT AGEN DA\CONTP, ACT SUMMARY EXHIBIT "B" Page 2 of 2 \ Mproject \ councilexhibits ~ exh6135.dwg NOT TO SCALE N WATER MAIN IMPROVEMENTS- ELIZABETH STREET/19th STREET CITY OF' CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPAR~T OF ENGINEERING PAGE: 1 of 1 DATE: 11/04/2003 AGENDA MEMORANDUM City Council Action Date: November 1'1, 2003 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with H&G Contractors, Inc. of Corpus Christi, Texas, in the amount of $2,388,102.98 for Yorktown Boulevard (Lake Travis Drive to Weber Road) Improvement Project. (Bond Issue 2000) ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package under Proposition No. 1 Street Improvements. This construction contract is necessary to complete the work. FUNDING: Funding is available through the FY 02-03 Street Capital Improvement budget and the Water, Storm Water and Wastewater Commercial Paper Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as pre~ ~ted. s° a I°n~.~ti°n c°ntract may be i~nd w°rl~ay beg~n. V~a~rle Gray, )~. I I ( ~uard° Gara~a P.E. L)ire~or of Storm Water Services Director of Water Services ~l~el' R. Escobar, P.E., · Foster Crowell Director of Engineering Services Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tab Exhibit "C" Project Budget Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Street Improvements Yorktown Boulevard - Lake Travis Drive to Weber Road (Project No. 6150) Bond Issue Project No. C-9 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. March 27, 2001 - Motion authorizing the City Manager, or his designee, to execute a consultant contract to Naismith Engineering in the amount of $293,050 for the Yorktown Boulevard Street Improvement Project (M2001-126) PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. May 22, 2003 - Administrative approval of an amendment to an engineering services contract with Naismith Engineering in the amount of $18,000 for the Yorktown Boulevard Street Improvement Project for upsizing the Schanen Bridge Ditch. 5. June 13, 2003 - Administrative approval of an amendment to an engineering services contract with Naismith Engineering in the amount of $24,700 for the Yorktown Boulevard Street Improvement Project for additional waterline improvements and Weber Road intersection design. 6. June 26, 2003 - Administrative approval of an amendment to an engineering services contract with Naismith Engineering in the amount of $3,500 for the assessment for potential growth for the project area. 7. October 08, 2003 - Administrative approval of an amendment to an engineering services contract with Naismith Engineering in the amount of $3,500 for the Yorktown Boulevard Street Improvement Project for additional waterline realignment. FUTURE COUNCIL ACTION: Nothing anticipated. EXHIBIT "A" Page I of 2 PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: This project consist of two phases to be constructed together. Phase I consists of the extension of Yorktown Blvd. beginning at the end of the existing boulevard near Lake Travis Drive and extending to the northwest approximately 1000 feet. The construction of Phase 1 includes site excavation, 6" subgrade preparation, 8" base, 4" HMAC, curb and gutter, underground storm sewer, and new 12" PVC waterline, in accordance with the plans, specifications and contract documents. Phase 2 consists of the extension of Yorktown Boulevard beginning the end of the phase 1 section and extending to the northwest approximately 3,000 feet. The construction of Phase 2 includes site excavation, 6" subgrade preparation, 8" base, 4" HMAC, curb and gutter, underground storm sewer, and new 12" PVC waterline, new 16" PVC waterline (along Weber), and a bridge structure, in accordance with the plans, specifications and contract documents. BID INFORMATION: The project consist of a base bid only. The City received proposals from five (5) bidders on October 30, 2003. (See Exhibit "B") The bids ranged from $2,388,102.98 to $2,613,922.30. The Engineer's estimated construction cost for the project was $2,814,527.23. H & S Construction, Inc. of Corpus Christi, Texas was the lowest responsive bidder. The City's Consultant, Naismith Engineering, Inc. and city staff, recommend that based on Iow bid and satisfactory experience with projects of this type, that a construction contract be awarded to H & G Contractors, Inc., in the amount of $2,388,102.98 for the Yorktown Boulevard (Lake Travis to Weber Road) Street Improvement project. CONTRACT TERMS: The contract specifies that the project will be completed in 360 calendar days, with completion anticipated by the end of January 2005. EXHIBIT 'A" Page 2 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERING • CITY OF CORPUS CHRISTI, TEXAS oW Page 1 of 10 TABULATION OF BIDS DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS �.1�:1N'lK�]iI ERIN 1t�`lt��' Is1e6Ya1CI�7�:6Ytl 261QC6.1 f# -0m a)X W= NW O -I oW Page 2 of 10 H&G CONTRACTORS INC. DBA BAY LTD LTD P.O. BOX 10706 P.O90X 9908 1401 HOLLY ROAD PHASE 1&2 YORKTOWN BOULEVARD LAKE CORPUS CHRISTI TX 78410 CORPUS CHRISTI TX 78489 CORPUS CHRIS TX 78417 TRAVIS DRIVETO WEBER ROAD IMPROVEMENTS UNIT PRICE AMOUNT UNIT PRICE AMOUNT ITEM PART B3 -DRAINAGE IMPROVEMENTS CITY UNIT UNR PRICE AMOUNT 92 LF $ 41.73 $ 3 839.18 $ 20.00 S 1840.00 $ 21.00 S 1 93200 12" RCP 268 LF S 38.52 $ 10 323.E $ 60.00 S 16080.00 $ 67.00 $ 17 .OD 24" RCP 282 LF $ 5269 S 14 SSSS6 $ 70.00 S 19 740.00 S 68.00 $ 19176.00 �. �P FE;34 LF $ 67.41 S 49 411.53 S 7500 S 54 975.00 $ 79 00 $ 57907 00 36' RCP 733 LF $ 88.11 S 185 031.00 S 90.00 S 189000.00 S 95.00 $ 199600.00 42' RCP 2100 230 LF $ 107.00M224.61.00 $ 100.0023000.00 $ 110.00 S 25 .00 48" RCP 205 LF 11 .10 S 200.00 S 41 000.00 $ 210.00 S '� �•� 3'x8' BOX CULVERT EA S 78200.00S 3 .00 S 70000.00 S 3100.00 S 8200000B32 838 STD10'CURBINLET 20 EA S 1 926.00.0017 500.00 $ 2 .00SB3.10 MANHOLE-TYPE"A' S 3 EA $ 3 85200.00 4,000.00 12 OODAO S 3,900.00 11700.00 MANHOLE -TYPE'S' 2 EA S 2 996.00.00 $ 2 500.00 5 000.00 S S $ 5000.00 63.11 GRATE INLET 1 LS S 2,782.00.00 S 5000.00 5000.00S 4 pDO,OD S 4000-�83.13 83.12 CONNECT TO IXISTING OUTFALL STRUCTURE $ 2 500.00 AO $ 1 450.00 $ 14 50.00 CONCREATE HEADWALL SUN VALLEY 1 LS $ 2 354.00.00 S 4000.00 S 8000-00 S 2600.00 S 5 .00 83.14 OUTFALLSTRUCTURES SCHANNENOfTCH 2 EA S 3,745.00 ,0.00 BRIDGE STRUCTURE AND RELATED PAVEMENT. HAIDRAS-S, SIDEWALK AND OTHER $ 475 $450000.00 S 450000.00 $800000.00 $ 600000.00 83.15 APPURTENANCES 1 LS 475, OD .00 440.50 S 0.50 S 2,075.00 S 0.60 S 490• BSi 16 RENCH SAFETY FOR DR00 AINAGE 4150 LF S 1.07 $ S 508250 $ 700.00 S 3325.00 S 1500.00 $ 7125.00 63.17 EROSION CONTROL BY SEEDING 4.75 AC 1,070.00 $ 3.50 $ 36 050.00 $ 2.70 S 27 510.00 83.18 SILT FENCE 10300 LF S 1.76 $ 18128.00 10.00 $ 8(1.00 S 4,OOD.00 $ 40.00 $ 000.00 83.19 ROCK FILTEFI DAMS 50 EA S S 64.20 169.06 $ $ 3 6,931.46 $ 220.00 S 9020.00 S 190.00 $ 7.790.00 8320 41 EA $ 938 039.19 S 970105.00 $ 1 115 TOTAL PART 83.1463.20 -0m a)X W= NW O -I oW Page 2 of 10 TABULATION OF BIDS DEPARTMENT OF ENGINEERING • CITY OF CORPUS CHRISTI, TEXAS p W Page 3 of 10 NDEJ15vn H&G CONTRACTORS INC. DBA BAY LTD LTD 1401 HOLLY ROAD PHASE 162 YORKTOWN BOULEVARD LAKE P.O. BOX 10705 CORPUS P.OJ3OX 9908 �AIIIOIINTSTI TX 89 (UONRRPIPIR� :HmTll TX 1 TRAVIS DRIVE TO WEBER ROAD IMPROVEMENTS CORPUS CHRISTI TX 78410 UNIT PRICE AMOUNT ITEM PARTC3-WATERSYSTEMIMPROVEMENTS QTY UNIT UHITPRICE AMOUNT S 560.00 S 3.50 S 17010.00 TRENCH SAFETY 4860 >F $ 026 $ 1,263.60 80 090.13 $ S 3.00 27.00 S 109.289.00 D9 S 25.00 S 101 175.00 12" PVC WATERLINE 4047 LF $ 19.79 S 6901.50 S 20.00 $ 8,600.00 $ 22.00 S 9460.00 8' PVC WATERLINE 430 LIF S 18.05 S 53 328.80 S 30.00 S 53 400.00 S 28.00 S 49 840.00 rC3A 16' PVC WATERLME 1780 LF S 29.96 160.50 S 180.50 S 100.00 S 100.00 S 100.00 100.008' 8' DJM J. 90 DEQREE BEND 1 EA S S 642.00 S 90.00 S 360.00 S 100.00 S 40.00B' D.I. MJ. 45 DEGREE BEND 4 EA S 160.50 4119.60 S 800.00 $ 4 200.00 S 850.00 S 4 550.00 GATE ALM W/BOX 7 EA S 588 50 S 1.50 $ 60.00 S 300.OD $ 5D.00 $ 300.00 . 8` D.I. M.I. PLUG 6 EA EA S S 8025 101650 is --712d,989 8.00 $ 2000.00 S 24,000.00 $ 1,200.00 S 14 40000 C3.9 12' GATE VALVE WITH BOX 12 S 866.70 S 300.01) $ 900.00 S 300.00 S 900.00 03.10 12"X12' MJ.D.I. CROSS 3 LS S 268.90 S 684.50 $ 130.00 520.00 $ 150.00 S �•� 03.11 12' D.I. M J.D.I. 45 DEGREE KENO 4 EA $ 17120 360.00 180.00 C3.12 12"D1 MJ.D.1. 90 DEGREE BEND 2 EA $ 214.04 S 428.00 $ 200.00 S 400.00 S 2DD•00 $ C3.13 12" AC TO DI ADAPTER EA S S 250.00 500.00 S 250.00 S �• 03.14 12'x W D.1. M.J. CROSS 2 EA S 267.50 $ 34M.002AO 342.40 S 900.00 S 300.00 S 340.00 S °•%x•00 03.15 12' DJ. LONG PATTERN SLEEVE 1 EA S 342.40 $ 128.40 $ 120.00 S 120.00 S 120.00 S 120.00 03.18 12'x8' REDUCER 1 EA $ 128.4D 90.95 S $0.00 $ 80.00 S 85.00 85.00 53.17 12' MJ. PLUG 1 EA EA S $ 90.95 176.55 $ 176.55 S 200.00 S 200.00 S 190.00 S 190.00 C3.18 16" MJ. PLUG 1 EA 481.50 S 481.50 500.00 S 500.00 $ 500.00 S C3.19 18'x12' MJ. D.I. TEE 1 EA 235.40 S 47D.80 S 254.00 $ 500.00 $ '� 500.00 C3.20 16*X12'MJ.D.I. REDUCER 2 EA S 374.50 S 749.00 S 400.00 $ 800.00 $ 430.00 S �•� 0321 18' D.L MJ. 90 DEGREE BEND 2 428.00 $ 1 71200 $ 450.00 $ 1 800.00 $ 475.00 S 1 09 0322 16' DJ. MJ. 45 DEGREE BEND 4 EA EA S $ 3,638.00 $ 25 466.00 S 8000.00 $ 42 000.00 S 4,300.00 $ 30 100A 0323 16' GATE VALVE WITH BOX 7 S 613.60 S 513.60 $ 600.00 S 600.00 $ �'� $ 5W'00 0324 18" MJ. D.L. TEE 1 EA LS S 1 B 571,00 $ 18 11.00 S 25 000.00 25 000.00 $ 17 500.00 $ 17,x•00 C325 RESTRAINTS FOR ALL M.J. FITTINGS 1 S 7,000.00 7000.00 $ $ 7 000.00 $ 7000.00 $ 7.000.00 C326 ALLOWANCE FOR UTILITY ADJUSTMENTS 1 LS S 7000.00 1 605.00 $ 5000.00 $ 5 000.00 $ 3300.00 $ 3 .00 0327 CONNECT TO EXISTING SYSTEM 1 LS S 1605.00 18725 $ $ 29 960.00 $ 300.00 $ 48 000.00 $ 300.00 $ 48000.00 0328 DITCH CROSSING BY BORING 160 LF S $ 13 181.00 S 8 0 S 18MID $ 5400.00 $ 16200.00 C329 MODIFIED TYPE 1 FIRE HYDRANT ASSEMBLY 3 EA $ 4,387.00 $ .00 4 000.00 $ 32 D00 $ 2.500.00 $ '� C3.30 TYPE 1 FIRE HYDRANT ASSEMBLY 8 EA $ 2,354.00 $ $ 18 832.00 2,782.00 S 190.00 $ 7.800.00 $ 180.00 S 7•� 03.31 28" STEEL CASING AARON DRIVE) 40 1 LF $ 69.55 $ 354390.00 S 284 08623 S 408 9.00 TOTAL PART 03.1••C3.31 p W Page 3 of 10 ,a m ID to_ (_ A W 0 O W TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS ICU; LIN I H&G CONTRACTORS INC. DBA BAY LTD LTD PHASE 1&2 YORKTOWN BOULEVARD LAKE P.O. BOX 10706 - P.O.BOX 9908 1401 HOLLY ROAD --------- �.__. _ ......�.nueM.r tvVaeaa r0aPU9CHRISTI.TX7i Page 4 of 10 TABULATION OF BIDS DEPARTMENT OF ENGINEERING. CITY OF CORPUS CHRISTI, TEXAS ,am 0 X to = (D _ cn W 0 o� Page 5 of 50 CONTRAGtltvu nww wnv`+.....^--•'---• H&G CONTRACTORS INC. DBA BAY LTD LTD P.O. BOX 10706 P.O.BOX 9908 1401 HOLLY ROAD PHASE 1&2 YORKTOWN BOULEVARD LAKE CORPUS CHRIS TX 78489 CORPUS TRAVIS DRIVE TO WEBER ROAD IMPROVEMENTS CORPUS CHRIS TX 78410 AM UN784 UNIT �� ��� ITEM PART E3- WEBER ROAD STREET IMPROVEMENTS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 54 :$:7!= $ 540.00 E3.1 SMALLROADSIDE SGN ASSM P A 1 EA S 535.00 S 635.00 3 745.00 $ $ 600.00 5,000.00 $ $ 600.00 5 000.00 $ 3800.00 S 3,6�•� E3.2 STRIPE REMOVAL i LS $ 3,745A0 $ PRE -FABRICATED PAVEMENT MARKING (TY C) A S 200.00 S 600.00 $ 200.00 $ �. 3 EA $ 187.25 $ 561.75 E&3 ARR PRE -FABRICATED PAVEMENT MARKING (TY C) (W) $ 300.00 $ 300.00 S 300.00 $ . 1 EA S 267.50 $ 267.50 E3.4 RD 120 EA $ 426 $ 513.60 $ 5.00 $ 600.00 $ 4.80 $ 576.00 E3.5 RAISED PAV. MARKERS, CL B TY 1-C W RAISED PAV. MARKERS. CL B RE L) TY 11 -A -A 280 EA $ 428 S 1,198.40 $ 5.00 S 1,400.00 S 4.80 $ 1,344.00 E3.6 RELOCATION OFT57 CURB INLET, INCLUDING ADJUSTING EXISTING AND CONSTRUCTING A NEW S 8,000.00 S 8,000.00 $ 6400.00 S 6 400.00 E&7 INLET 1 EA $ 4,494.00 0.53 $ $ 4,494,00 355.10 S 0.b0 $ 935.00 $ $ .6600 E3.8 4" WHITE DASHED STRIPE ERMOPLASTIC 670 LF $ 40.66 $ 1.00 S 38.00 $ 120 1 $ E3.9 8' WHITE DASHED STRIPE THERMDPLASTIC 38 LF $ 1.07 $ $ 3.00 $ 2,59b.00 S 3.60 $ 114.00 E3.10 12' SOLID WHITE STRIPE ERMOp1ASTIC 865 LF $ 321 S 2 776.65 503.50 S 0.50 $ 475.00 S 0.5b 52250 E3.11 44 SOLID WHITES IPE (THIEF PLASTIC 9S0 LF S 0.53 0.53 $ $ 856.70 $ 0.50 $ 2,695.00 $ 0.55 $ 2964-50 E3.12 4• SOLID YELLOW STRIPE HERMOPLASTK; 5390 LF $ PRE FABRICATED PAVEMENT MARKING (TY C) (Y) S 15.00 S 14,025.00 S 14.00 S 13090.00 E3.13 2d SLD 935 LF EA $ S 1284 535.00 S S 1 005.40 535.00 $ 700.00 700.00 S 600.00 $ 600.00 E3.14 1 30 388.26 $ 37 369.00 S 34 098.80 TOTAL PART E3.1 -E3.14 S 2 38610298 $2.4 4.00 S 2X0,663-1 0 TOTAL GROUP 3 BASE BID PHASE 1&2 'shaded area hdicates correeled values from submitted Proposal ,am 0 X to = (D _ cn W 0 o� Page 5 of 50 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Wme Rivera, Jr., P. E: Naismith Engineering, Inc. ESTIMATE S2 914 528.00 ' DATE: OdoW 30 20D3 C1'�V I,vCcrt. W.T. YOUNG CONST., L.P. JALCOINC. P.O. BOX 9197 P.O. BOX 27368 PHASE 182 YORKTOWN BOULEVARD LAKE CORPUS CHRIST TX 78469 HOUSTON TX 77227 TRAVIS DRIVE TO WEBER ROAD IMPROVEMENTS UNI AM00NT ITP uml ITEM PART A3 -S EET IMPROVEMENTS DESCRIPTION OTY UNIT S 6.00 Sly 7•� A31 SELECT FILL 1280 CY S S 6125 8.60 0395.00 239910.00 S 5A0 $ 181750.00 A32 STREET EXCAVATION 38350 SY $ 5000.0 S 9.00 261000-00 A3.3 6' FLEXIBLE BASE HIGH STRENGTH 2 0 0 S 4.00 $ 116 $ 400 S 11fi 00000 A3A S' UME-STABALIZED SUBCaFADE SY $ 200 $ 14 640.00 S 2.00 $ 14 640A0 A3.5 PRIME COAT 0.30 GAUSY 732D al SY $ 12.001$ 292,200.00 S 10.00 S 243 .00 A3.8 RFACE 4'TYPE 'C'HMAC 24350 LF $ 1025 S 156,005.00 S 8.00 S 121 760.00 A3.7 W 00NCRETE CURB &GUTTER 15220 E 4.30 S t38A30.00 S 275 S 2 A3.8 Ir CONCRETE SIDEWALK 32100 SF LF S 0.55 S 1 056.00 S 055 S A3.9 4' DASHED WHITETHERMO=PLASTIC 3TRIPE 1920 $ 990.00 $ 1.10 S 990.00 A3.10 8' SOLID IIVFOTE THERNO-PLASTIC STRIPE 900 LF S S 1.10 13100.00 $ 13100.00 S 15 000.00 $ 15000.00 A3AI GRADING OF SITE AND MEDIANS 1 LS LS 25 300.00 $ 25 300.00 10 000.00 $ 10 OOD.00 A3.12 TRAFFlC CONTROL 1 EA S 330.00 $ 1 80.00 $ 1 .00 6000.00 A3.13 OZONE ACTION DAY 6 SF $ 43.00 $ 5160.00 $ 20.00 2'�•� A3.14 CURB RAMPS 12D 1416 SF S 6.60 S 9345.60 $ 3.00 4 48.00 A3.15 4'CONCRETESIDEWALIC 6.BD $ 5 46.00 $ 26.00 21 060.00 A3.18 CROSS WALK STRIPING 810 LF $ 7.70 S 1 076.00 $ 8.00 S 1 120.00 A3.17 MEDIAN NOSE CONCRETE SLAB 140 SF LF $ S 3.30 $ 2 409.00 $ 3.20 S 2 338.00 A3.16 12' SOLID WHITE STRIPE 730 LF $ 6.60 $ 4168.00 $ 6.30 S 3 969.00 A319 24' SOLID WHITE STRIPE 630 LS $ 4 450.00 4,450.00 3000- $ 3 A320 PROJECT SIGNAGE 1 EA $ 195.00 S 780.00 $ S 180.00 S 720.00 1 PRE -FABRICATED WHITE DIRECTIONAL ARROW A32.00 4 -0-000 520 A3.22 FABRICATED WHITE WORD'ONLY' L.S S 14,5W.DD $ 14 500.00 S 8000.00 S 0,OD0.00 A323 EXPLORATORY EXCAVATION $ 1 114 AO $ 11,132,8"A 0 TOTAL ITEMS A3.1 -A3.23 -0m m x o� W 0 Q� Page 6 o110 PHASE TRAVIS D ITEMPART B3- DRQ 83.1 12' RCP 832 24' RCP B3.3 30' RCP B3.4 36' RCP B3.S 42' RCP 83.6 4B' RCP E13.7 37X' BOX CUL 83.3 STD 10 CURE B3.9 M/WHOLE-TV B3.10 MANHOLE•TY 83.11 GRATE INLET 83.12 CONNECT TC 83.13 CONCREATE 83.14 OUTFALL STF BRIDGE STRI HANDRAILS, 83.15 APPURTENAI 83.16 TRENCH SAF 83.17 EROSION CC 83.16 SILT FENCE 83.19 ROCK FILTE3 B320 TOTAL PART B3.1-6320 vm spx to_ (D_ �W TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CRY OF CORPUS CHRISTI. TEXAS Page 7 of 10 TABULATION OF BIOS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS p LD Page 8 0l 10 _ W.T. YOUNG CONST., L.P. JALCO INC, PHASE 162 YORKTOWN BOULEVARD LAKE P.O. BOX 9197 P.O. BOX 27368 DRIVE TO WEBER ROAD IMPROVEMENTS CORPUS CHRISTI TX 78469 HOUSTON TX 77227 TRAVIS ITEM IPART C3- WATER SYSTEM IMPROVEMENTS OTY UNIT UNIT PRICE AMOUNT AMOUNT 4860 LF $ 220 $ 113692.00 $ 1 15.00 C3.1 TRENCH SAFETY 4047 LF $ 32.50 $ 131 527.50 $ 145 692.00 C3.2 12' PVC WATERLINE LF $ 25.30 $ 10 79.00 $ 15 O .00 C3.3 B' PVC WATERLINE 430 1780 LF S 4750 $ 84 550.00 $ ffl)o 103,240.00 C3.4 18" PVC WATERLINE 1 EA $ 170.00 $ 170.00 S �'� Cab 8'O.I. MJ. 90�GREEREND 4 EA $ 170.00 $ 680.00 $ 1200.00 C3.8 e" D.I. M J. 45 GREE BEND 7 EA $ 870.00 S 6090.00 0 4 410.00 C3.7 8' GATE VALVE WBOX 6 EA $ 95.00 $ 510.00 0 $ 156.00 C3.6 R. D.1. M.J. PLUG 12 EA $ 1 485.00 S 17,820.00 S 1 .00 15800.00 C3J3 1Y GATE VAL WITH BOX 3 LS $ 630.00 1 90.00 S 500.00 $ 60 1 0.00 C3,10 12'X12' M-J.D.I. CROSS 4 EA $ 300.00 S 1200.00 S 300.00 $ 1 .00 03.11 T2_ - DI M,J.D,I., 45 DEGREE BEND 2 EA S 320.00 S 640.00 $ 120.00 $ 240.00 C3.12 12' DJ. MJ,D.1. 90 DEGREE BEND EA $ 660'00 S 1 320.00 $ 190.00 $ 380.00 03.13 12' AC TO DI ADAPTER 2 2 EA $ 650.00 $ 1 300.00 $ 500,00 $ 1x•00 03.14 t Yx 8' D.I. M J. CROSS 1 EA $ 310.00 $ 310.00 S 80.OD $ �•� 03.15 12' D.I. LONG PATTERN SLEEVE EA $ 220.00 $ 220.00 $ 300.00 $ 300.00 03.18 12 k8' REDUCER 1 1 EA S 120.00 S 120.00 S 44.00 $ 44.00 C3.17 12" M.1. PLUG 1 EA $ 280.00 $ 280.00 1 140.00 $ W.00 C3.18 16' M.J. PLUG 1 EA S 660.00 $ 660.00 $ 390.00 $ 380.00 C3.19 16"x12' M.J. D.I. TEE 2 EA $ 440,00 S 880.00 S 218.00 S 432.00 0320 16'x12' M.J. D.1. REDUCER 2 EA S 550.00 S 1,10D.00 S 405.00 S 810.00 C321 16" D,L M.J. 90 DEGREE BEND 4 EA S 475.00 $ 1 900.00 $ 310.00 S 1 40.00 C322 16' O 1 M.J. 45 DEGREE BEND 7 EA S 4,565.00 $ 31 955.00 S 3 000.00 $ 21 000.00 03.23 16' GATE VALVE W LTH BOX 1 EA $ 770.00 $ 770.00 $ 520.00 $ `•+�•0 C324 16' M.J. D.1 TEE 1 LS $ 18480.00 $ 18480.00 S 1800D-00$ 18000.00 0325 RESTRAINTS FOR ALL M.J. FITTINGS T $ 7,000.00 $ 7000.00 $ 7 000.00 $ s7,0,0 C326 AU.OWAI FOR UTILITY ADJUSTMENTS 1 LS $ 1780.00 $ 5000.00 $ 5000.00 03.27 CONNECT TO EXISTING SYSTEM 1 LS $ 1760.00 $ 43 200.00 S 750.00 $ 120,000-00 0326 DITCH CROSSING BY BORING 180 LF EA S $ 270,00 5 530.00 $ 16 590.00 $ 5500.00 $ 16 500.00 0329 MODIFIED TYPE 1 FIRE HYDRANT ASSEMBLY 3 24,200.00 $ 2800.00 $ 400.00 C3.30 TYPE 1 FIREHYDRANT ASSEMBLY 8 EA S $ 3025.00 221.00 $ $ 8,840.00 $ 400.00 $ 16,000.00 03.31 28' STEEL CASING AARON DRIVE 40 LF S 427 63350 S 620,789.00 TOTAL PAFtr C3.1 -C3.31 p LD Page 8 0l 10 _ 'Dm dx (_ to W O —1 oW TABULATION OF BIDS DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS W.T. YOUNG CONST., L.P. JALCO INC. PRASE 1d2 YORKTOWN BOULEVARD LAKE P.O. BOX 9197 P.O. BOX 27386 -_ ry HOUSTON.TX772 Page 9 of 10 TABULATION OF BIDS DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS Page 10 of 10 W.T. YOUNG CONST, L.P. JALCO INC. PHASE 1&2 YORKTOWN BOULEVARD LAKE P.O. BOX 9197 P.O. BOX 27368 TRAVIS DRIVETOWEBER ROAD IMPROVEMENTS CORPUS CHRIS TX 78459 HOUSTON TX 77227 PART E3- WEBER ROAD STREET IMPROVEMENTS OTY UNIT UNIT PRICE AMOUNT500.0 UNIT PRICE AMOUNT SMALL ROADSIDE SGN ASSM P A 1 EA $ $500-00 $ 3,1 D0 00 $ 3,100.00 STRIPE REMOVAL 3,309M 3 300.00 PREFABRICATED PAVEMENT MARKING (TY C) (Yh S 180.00 $540.00 rE33 3 EA $ 200.00 S 600.00 AR PREFABRICATED PAVEMENT MARKING (TY C) (W) $ 260.00 S 260.00 1 EA $ 280.00 E 280.00 D .RAISED PAV. MARKERS, CL B REFL TY 1-C 120 EA $ 4.40 $ 528A0 $ 5.00 S 600.00 E3.6 RAISED PAV. MARKERS CL B REEL TY 11 -A -A 280 EA S 4.40 $ 1,232-00 S 5.00 $ 00-00 RELOCATION OF TXDOT CURB INLET, INCLUDING ADJUSTING EXISTING AND CONSTRUCTING A NEW $ 12-000.00 3,50(100 3. 500.00 1 000.00 E3.7 E3.8 INLET 4- WHITE DASHED STRIPE ERMOPLASTIC 670 0.60 S 402.00 $ $ S 0.55 1.10 $ S -T-41 368.50 E3-9 8" WHETE DASHED STRIPE ERMOPLASTIC 38 !LF kS 1.10 $ S 41.60 2854.50 $ 320 $ .80 2,768.00 E3.10 12" SOLID WHITE STRIPE ERMOPLASTIC 866 3-30 0.55 $ 522.50 S 0.50 $475.00 E3.11 4' SOLID WHITE STRIPE ERMOPLASTK 950 S 984.50 $ 0.50 $ 2,695.00 FA.12 4' SOLID YELLOW STRIPE HERMOPLASTIC 5390 0.55 PRE FABRICATED PAVEMENT MARKING (Ty C) (Y) $ 12.60 $ 11781.00 E3.13 24' SLD 935 LF $ 14.00 500.00 S $ 13.090.DD 500.00 S 520.00 $ 520.00 E3.14 1 EA S S 38 815.30 $ 28 19-30 TOTAL PART E3.1 -E3.14 TOTAL GROUP 3 BASE BID PHASE 1&2 4-• -175132 :BO- S 613 922.30 'shaded area Indicates corrected values hom submitted Prosal Page 10 of 10 PROJECT BUDGET BONDISSUE PROJECT C-9 STREETIMPROVEMENTS YORKTOWN BLVD. (Project No. 6150) November 11,2003 FUNDS AVAILABLE: Streets .............................................................................................. $1,764,000,00 Storm Water ...................................................................................... 1,050,000.00 Wastewater ....................................................................................... 16,500.00 Water ............................................................................................... 325,000.00 Total ..................................................................................................... $3,155,500.00 FUNDS REQUIRED: Construction (H & G Contractors) Streets .......................................................................... Storm Water ................................................................... Wastewater .................................................................... Water ........................................................................... $1,157,949.96 938,039.19 8,025.00 284,088.83 Subtotal Construction (estimate) ............................................................... $2,388,102.98 Contingencies ......................................................................................... 238,500.00 Land Acquisition ...................................................................................... 25,000.00 Consultant (Naismith Engineering, Inc.) ........................................................ 342,750.00 Engineering Reimbursements .................................................................... 60,000.00 Finance Reimbursements .......................................................................... 30,000.00 Testing .................................................................................................. 30,000.00 Bond Issuance Costs .............................................................................. 26,047.20 Printing, Advertising, etc ............................................................................ 15,000.00 Total ..................................................................................................... $3,155,400.18 EXHIBIT C I Page 1 of 1 \ Mproject \ councilexhibits \ exh6150, dwg N NUECES BAY CORPUS CHRISTI BAY LAGUNA MADRE PROJECT LOCATION GULF OF MEXICO L OCA T T~ ON MAP NOT TO SCALE PROJECT No. 6150 YORKTOWN BOULEVARD (Lake Travis Orlve to Weber Road) STREET IMPROVEMENT PROJECT Cl~ OF CORPUS CHRIS~, TEXAS EXHIBIT "D" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGIN~RING SERVICES PAGE: I of 1 DATE: 11/05/2003 8 AGENDA MEMORANDUM DATE: November 11,2003 SUBJECT: Wastewater Lift Station located Cimarmn and Lens (Project No. 7286) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with HNP, Inc. for a total fee not to exceed $97,930 for the Wastewater Lift Station located at Cimarron and Lens. ISSUE: The expansion of the existing lift station at Cimarron and Lens is necessary to accommodate projected flows from a large portion of Sewer Planning Area No. 38. The proposed project includes the preliminary phase, design phase, bid phase, and construction phase for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Department ~¢ng/el R. Escobar, P.E., ' ' 'Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:~USERS2~HOME~VELMAR~GEN\WASTEWAT~72861CONSULTANT AGENDA~,GENDA MEMO BACKGROUND INFORMATION SUBJECT: Wastewater Lift Station - Cimarron and Lens (Project No. 7286) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). April 11,2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). April 25, 2003 - Addendum No. 2 to the Letter Of Notification No. I to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). AuRust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. H:\USERS2~OME~VELMARIGENIWASTEWAT~72861 CONSULTANT AGENDA'~AGENDA BACKGROUND EXHIBIT "A" I Page 1 of 2 PROJECT DESCRIPTION: This project includes re-design and enlargement of the existing lift station and if required, Fome Main replacement at Cimarron and Lens Drive in order to meet development and demands in the Sewer Planning Area No. 38. The proposed project consists of preliminary, design, bid, and construction phase services for the required improvements. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:\USERS2\HOM~VELMA~GEN\WASTEWA~7286\CONSULTANTAGENDA~GENDABACKGROUND IEXHIBIT "A" ] Page 2 of 2 CONTRACT SUMMARY Wastewater Lift Station - Cimarron & Lens (Project No. 7286) 1. SCOPE OF PROJECT This project includes re-design and en amement of the existin~ lift station at Cimarron and Lens Drie in order to meet development demands in the Sewer Plannin~ Area No. 38. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE DAY DATE ACTIVITY Monday November 24, 2003 Begin Design Memorandum Friday January 9, 2004 Submit Design Memorandum Monday January 26, 2003 Begin Design Phase Begin Site Acquisition Friday March 12, 2004 60% Submittal Friday March 26, 2004 City Review Friday April 23, 2004 100 % Submittal Friday May 7, 2004 City Review Monday (2) June 7 and 14, 2004 Advertise for Bids Complete Site Acquisition Wednesday June23, 2004 Pre-Bid Conference Wednesday June 30, 2004 Receive Bids Tuesday July 13, 2004 Award Construction Contract Monday August 16, 2004 Begin Construction Weekday February 16, 2005 Construction Complete H \USERS2\HOME~VELMAR~GEN~WASTEWA~72~ICONSULTANT AGENDA\CONTRACT SUMMARY Page 1 of 2 4. FEES Fee for Basic Services 1. Preliminary Phase $7,970 2. Design Phase 35,840 3. Bid Phase 3,475 4. Construction Phase 11,760 Subtotal Basic Services Fees 59,045 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TCEQ TDLR Total Permitting 1,000 2. ROW Acquisition Survey 1,685 3. Topographic Survey 2,000 4. Environmental Issues TBD 5. Construction Observation Services 30,000 6. Start-up Services 1,000 7. Warranty Phase 1,000 8. Provide SCADA Documentation 2,200 Sub-Total Additional Services Fees Authorized 38,885 Total Authorized Fee $97,930 H:\U SERS2\H OM E~VEL MA R\G E N\WASTEWAT~7286\CO NS U LTANT AGENDA\CONTP~ACT SUMMARY Page2 of 2 /I H: \ Horn e \ Mproject \Coun cilexh \ exh 7286. dwg ~. NUECE$ BAY ~ ,,~.~'~* ~ ~ .~.~.~-=~-~3,,k) CORPUS CHRISTI BAY ¢Xx~ /~o~'~..,_ ~~ ~~ g~ LOCATION MAP PROJECT No. 7286 NOT TO SCALE EXHZBT_T "C" 012Ty COUNCZL EXHZBZT WASTEWATER LZFT STATZON L00ATED DE~AR~ENT OF £~~'~EERI~C SER.CES AT O.[IFIARRON AND LENS DR PAGE: I O~ 1 CITY OF CORPUS CHRISTI, TEXAS DATE: 10-17-2005 9 AGENDA MEMORANDUM DATE: November 11, 2003 SUBJECT: McBride Lift Station and Force Main (Project No. 7287) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with Arcadis G & M, inc. of Corpus Christi, Texas for a total fee not to exceed $308,620 for the McBride Lift Station and Force Main. ISSUE: The McBride Lift Station and Force Main is one of the oldest lift stations in the system which serves the Up River Road / McBride Road area. The complete reconstruction/rehabilitation of the McBride Lift Station is proposed. New pumps, wet well and controls are needed. The proposed project includes the preliminary phase, design phase, bid phase, and construction phase for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell / Director of Wastewater Department cobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit "C" Location Map H:\USERS2\HOME\VELMAR\GEN\WASTEWAT~72871CONSU LTANT AGENDA~AGENDA MEMO BACKGROUNDINFORMATION SUBJECT: McBride Lift Station and Force Main (Project No. 7287) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002~03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11, 2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8. April 25, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. Au.qust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. EXHIBIT "A" Page I of 2 H:IUSERS2~HOMEIVELMAR~GEN~WASTEWAT~72871 CONSULTANT AGENDA'~GENDA BACKGROUND PROJECT DESCRIPTION: The complete reconstruction/rehabilitation of the McBride Lift Station is proposed. New pumps, wet well and controls are needed. This is one of the oldest lift stations in the system and serves the Up River Road / McBride Road area. The force main from the lift station connecting the 24-inch trunk main on McBride Road is to be evaluated and rehabilitated / replaced, as necessary. The proposed project consists of preliminary, design, bid, and construction phase services for the required improvements. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:\USERS2\HOME~ELMA~GEN\WASTEWA~7287\CONSULTANTAGENDA~GENDABACKGROUND EXHIBIT "A" 1 Page 2 of 2 CONTRACT SUMMARY McBride Lift Station and Force Main (Project No. 7287) 1. SCOPE OF PROJECT The complete reconstruction/rehabilitation of the McBride Lift Station is proposed. New pumps, wet well and controls are needed. This is one of the oldest lift stations in the system and serves the Up River Road / McBride Road area. The force main from the lift station connecting the 24-inch trunk main on McBride Road is to be evaluated and rehabilitated / replaced, as necessary. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE DAY DATE ACTIVITY Monday November 24, 2003 Begin Preliminary Phase Monday February 2, 2004 Present Design Memo to City Friday February 2 - 13, 2004 City Review Monday February 23, 2004 Submit Final Design Memo Monday March 1,2004 Begin Design Phase Begin Site Acquisition Friday May 28, 2004 60% Submittal Friday May 28 - June 11, 2004 City Review Friday July 23, 2004 100% Submittal Friday July 23 - August 6, 2004 City Review Monday August 23, 2004 Final Submittal Monday (2) September 6 & 13, 2004 Advertise for Bids Complete Site Acquisition Tuesday September 28, 2004 Pre-Bid Conference Wednesday October 6, 2004 Receive Bids H:\USERS2\HOML~VELMAR~GEN~WASTEWAT~7287~CONSULTANT AGENDA\CONTRACT SUMMARY EXHIBIT "B" 1 Tuesday October 19, 2004 Award Construction Contract Monday November 15, 2004 Begin Construction Weekday August 2005 Construction Completion FEES Fee for Basic Services 1. Preliminary Phase $35,260 2. Design Phase 94,910 3. Bid Phase 3,875 4. Construction Phase 23,860 Subtotal Basic Services Fees 157,905 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TXDOT TCEQ TDLR Total Permitting 2,500.00 2. ROW Acquisition Survey 7,000 3. Topographic Survey (AUTHORIZED) 24,365 4. Environmental Assessments 24,000 5. Construction Observation Services 80,000 6. Start-up Services 2,400 7. Warranty Phase 2,400 8. Provide SCADA Documentation 8,050 Sub-Total Additional Services Fees 150,715 Total Authorized Fee $308,620 H:~SERS~HOM~VELMA~GEN\WASTEWA%728~CONSULTANTAGEND~CONTRACTSUMMARY Page 2 of 2 II \Mproject\councilexhibits\exh7287. dwg ¥ AIRPORT ~ ~N -- -/~ =,1 ~' / CITY COUNCIL EXHIBIT McBRZDE LZFT STATZON AND FORCE ~AZN o[~r~[~ o~ ~ s[~wo~s PAGE: 1 of 1 CI~ OF CORPUS CHRISTI, TEXAS DATE: I 1-04-200~ 10 CITY COUNCIL AGENDA MEMORANDUM November 11, 2003 AGENDA ITEM: Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. ISSUE: Continuation of the Southside Water Transmission Main is underway for Phases 4, 4a, and 5 as shown on Exhibit C. These phases will extend the water main from the South Staples Pumping Plant northeasterly to Holly Road and southeasterly to Laguna Shores Road. On December 17, 2002, City Council approved an engineering services contract with Urban Engineering for permitting, design and acquisition of the required right- of-way. Negotiations for this project will soon commence and the possibility of condemnation exists. A list of the landowners along the proposed route is attached as Exhibit D. Due to the critical acquisition schedule involved and in lieu of submitting individual resolutions as condemnations are needed, a single City Council approval is sought in this project for all potential condemnations; authorizing the City of Corpus Christi or its agents to proceed where negotiations have reached an impasse. FUNDING: No funding is necessary at this time. RECOMMENDATION: Approval of the resolutiun as presented. f~ng'el R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Action Route Map Parcel List and Ownership Info. H:\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Ph. 4, 4a, 5, Reso~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phases 4, 4a, and 5 Resolution for Acquisition of Easements PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: 1. authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2. authorize the payment of the upcoming Special Commissioners' Awards for the completion of these project phases. OVERVIEW: BackRround: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the pdmary supply source for the Staples Street Pumping Plant. Phase 1 of the project is complete with Phases 2, 2a, and 3 near completion. These new phases, as shown on Exhibit C, will extend the transmission main to Holly Road and east to Laguna Shores Road. Due to the peak work load of the City's Land Acquisition staff with Bond Issue 2000, CIP, Airport Expansion and CDBG projects, it has become necessary to outsource the negotiations and acquisition process for this project. The City has entered into a contract with Urban Engineering which includes acquisit!on responsibilities. Eminent Domain procedure: The City's standard procedure is to obtain City Council approval to resort to eminent domain each time negotiations reach an impasse with a landowner. Past projects required numerous council requests for condemnation. This method of individual resolutions required added staff time and produced similar agenda items for Council. This agenda item proposes that Council provide a blanket approval for eminent domain proceedings at the beginning of a project and in advance of any proposed condemnation efforts. Negotiators will still make every effort to resolve acquisition through good faith negotiations. Due to the critical nature of this waterline project and strict scheduling requirements, approval of this resolution is sought. H:\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans, Ph, 4, 4a, 5, Resolution\Background.doc Exhibit A Page lof 1 AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 4, 4a, and 5 Resolution for Acquisition of Easements. 10. 11. 12. 13. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 ~ Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 911998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pro-Load, Inc. for Staples Street Exhibit B Page 1 of 3 14. Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). 15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11, 2000 - Approval of acquisition of Pamel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 6 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) Exhibit B [ Page 2 of 3 27. December 17, 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Chdsti, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) Exhibit B Page 3 of 3 \ Mproject \ CouncilExh \ southtron$19 4- L dwg Z ~ o~ ~ EXHIBIT C FItS Southside Water Transmission Main, Phases 4, 4a, 5 Parcel List & Ownerships i Tract NCAD ID NO, Owner . Phase 401 4250-0031-0002 BRA~-ON, MARK P. 4 402A i 4250-0031-0000 ~COF CORPORATION (W.T. YOUNG & GLENN YOUNG) 4 402B I 4250-0032-0100 FRANK THOMAS SHUMATE TRUST NO. 2 4 403 4250-0031-0005 ARCHAEOLOGICAL CONSERVANCY 4 402 ; 4250-0032-0000 KING RANCH C/O TRACY JANIK 4 403 4250-0054-1000 KING RANCH C/O TRACY JANIK 4 404 2476-0008-0000 WALLACE, BEN B., TRUSTEE 4 405 2476-0021-0236 CITY OF CORPUS CHRISTI 4 405 2476-0022-0237 CtTY OF CORPUS CHRISTI 4 406 i 2476-0021-0202 MARTINEZ, RICARDO A. 4 407 i 2476-0021-0258 COOK, RICHARD B. ! NELLE S REVOCABLE LIVING TRUST 4 408 i 2476-0021-0279 'COX, DON 4 409 2476-0021-0241 HAEBER & ROSALES ROOFING CO. 4 410 I 2476-0021-0215 KOCIAN, MICHAEL A. & DAVID C. 4 411 i 2476-0021-0232 BRA3-rON, MARK P. 4 412 , 2476-0021-0090 LUNDQUIST, WAYNE JR. TRUSTEE 4A 413 2476-0021-0074 SMITH, GEORGE T. 4A 414 I 2476-0025-0020 SMITH, CAROL SYLVIA 4A 415 ' 2476-0020-0256 BROWN NG, RONALD S. 4A 416 I 2476-0020-0253 BROWNING, RONALD S. 4A 416 ' 2476-0020-0254 BROWNING, RONALD S. 4A 417 2475-0020-0240 ELMILADY, DR. NABIL TR FOR ELMILADY CLINIC / CARMEN DIAZ 4A 418 2476-0020-0094 BRAY, JO ALLIE 4A 419 2476-0020-0095 SHAFINURY, MORTEZA AND MOSTAFA BIGHAMIAN 4A 419 2476-0020-0097 SHAFINURY, MORTEZA AND MOSTAFA BIGHAMIAN 4A 419 2476-0020-0098 SHAFINURY, MORTEZA AND MOSTAFA BIGHAMIAN 4A 420 I 2476-0020-0091 HEINAMAN, AUBREY H. 4A 421 i 2476-0020-0096 HEINAMAN, AUBREY H. 4A 422 2476-0020-0092 D & E DEVELOPMENT CORPORATION 4A 423 2476-0020-0090 RALPH, LESTER B. JR., ET UX 4A 424 FAITH TEMPLE 4A 425 4A 426 I 8178-0001-0010 FILAMER COMMUNITY CHURCH 4A 425 SEASIDE CEMETERY, INC. 4A 427 ~ 4A 428 : 2476-0027-0312 L & L FAMILY PARTNERSHIP, LTD. 4A 429 2476-0027-0315 SEASIDE CEMETERY, INC. 4A 430 2476-0027-0179 PEREZ, INNOCENClA V. AND PEDRO R. PEREZ, DECEASED 4A 431 2330-0000-0020 ESTES, R.F. 4A 432 I 7456-0017-0020 ESTES, R.F. 4A 433 7455-0017-0010 ESTES, R.F. 4A 434 7456-0017-0040 BURDETTE, WILLIAM EDWARD 4A 435 7455-0017-0120 HYAI-r, ROLLAND JR., ET UX, NORMA BAZALDUA 4A 436 7455-0017-0110 SEASIDE CEMETERY, INC. 4A 437 7455-0017-0100 SEASIDE CEMETERY, INC. 4A Exhibit D EXH A.Ownership list, NCAD.xls Page 1 of 3 438 I 2595-0001-0010 LEE, KWANG S., ET UX, JYUNG W. 4A 439 i 2595-0001-0031 LIVE OAK CONSTRUCTION, INC. 4A 440 2595-0001-0060 YURAS, MICHAEL T., ET AL 4A 441 2595-0001-0035 CITY OF CORPUS CHRIST 4A 442 2595-0001-0030 GONZALES, ALONZO A., ET UX, KELLY F. 4A 443 2476-0027-0017 NUSS BROWN PROPERTIES 4A 450 4250-0005-0010 ETHEL M. PUMPHREY PIERCE, ET AL 4 451 4250-0006-0000 ~)ENTON WHITWORTH INV. LTD 4 452 0847-0018-0013 ,.E HUNG NHU 4 453 0847-0012-0030 PAUL & FRANCES SNYDER ESTATE 4 501 2476-0025-0170 RELATED INVESTORS, LTD, 5 502 2476-0025-0212 PETERSON, E C 5 503 2476-0034-0072 HERNDON, RONALD S & KAREN LOUISE 5 504 i 2476-0036-0072 SAUDIA, RAYMUNDO 5 505 ! 2476-0036-0075 HERNANDEZ, VICTOR, ET UX DENISE M 5 506 ~ 2476-0036-0070 MOLINA, ANTERO, SR. 5 506 i 2476-0036-0071 MOLINA, ANTERO, SR. 5 I , 507 2476-0038-1720 BRIGHT, CALVIN F. 5 508 i 0645-0000-0260 MAJEK, JAMES L., ET UX, JOHN M. MAJEK, III, ET UX 5 509 ~ 0646-0000-0255 MORROW, CLARA L. 5 510 0646-0000-0240 HELLMANN, JOSEPH, J. ET UX, DIANE 5 511 0646-OOOO-O22O HELLMANN, JOSEPH, J. ET UX, DIANE 5 514 0646-0000-0220 HELLMANN, JOSEPH, J. ET UX, DIANE 5 512 I 0646-0000-0010 MARTIN, ROYCE E. 5 513 2476-0036-1900 iFICHTEL, TRINI 5 514 2476-0035-1910 SELF, CALVIN LEROY 5 515 2476-0036-2008 PEREZ, NATIVIDAD M., ET UX, THERESE A. 5 516 2476-0038-2100 MARTINEZ, RAUL P. & DELMA MARTINEZ 5 517 2476-0038-2205 EAST, WILLIAM M. & FLORENCE D. EAST 5 517 2476-0038-2200 EAST, WILLIAM M. & FLORENCE D. EAST 5 518 ~ 2476-0038-2300 MIZE, GARY T., ET UX, PAMELA D. 5 518 i 2476-0038-2305 MIZE, PAMELA A. 5 519I, 2476-0038-2000 DAVID JULIUS GRAY FAMILY LIMITED PARNTERSHIP 5 520 2476-0051-1700 LISEC, PAUL J., ET UX, OLGA 5 520 2476-0051-1705 , LISEC, PAUL J., ET UX, OLGA 5 521 2476-0051-1800 ANDERSON, BRUCE 5 522 2475-0051-1900 VETERANS LAND BOARD C/O STEPHEN JOHN MACDONALD 5 523 i 2476-0051-2900 CAMPBELL, VELMA R. 5 524 2476-005%2100 FINNEGAN, JAMES E. 5 525 i 2476-0051-0220 UNITED STATES OF AMERICA 5 525 2476~0051-0230 UNITED STATES OF AMERICA 5 526 2476-0051-0235 ECKMAN, LARRY N, JOSEPH P. WENDT & JOSEPH A. HANSLER 5 527 2476-0051-2400 BRANDON, MARY E. AND ROBERT E. SPEAR 5 528 2476-0052-0170 SALOMONSEN, JONNY 5 529 2476-0052-0180 SU TSUNG CHOW, ET UX 5 530 9957-0000-0050 COFFMAN, INEZ AND SYLVIA 5 531 9957-0000-0015 LEMMONS, PAUL A. 5 532 I 9957-0000-0010 COCKRILL, RAYMOND G., ET UX, DARLENE A. 5 533 i 9957-0000-0020 EDWARDS, BRUCE J. AND BELINDA M. EDWARDS, WFE 5 EXH A.Ownership list, NCAD.xls Exhibit D Page 2 of 3 534 ~ 9957-0000-0030 [ARMSTRONG WM., JR. 5 535 9957-0000-0040 ~ARMSTRONG, WM., SR., MRS. 5 536 0525-0001-0050 MILLER, ROLAND, ET UX, DIANA 5 537 0525-0001-0041 PELL, WEBSTER R. 5 538 0525-0001-0025 KAPADIA, JALAL AND VIMALKUMAR AND NAZLIN MAKANI 5 539 0525-0002-0010 NUECES COUNTY RURAL FIRE DISTRICT #2 5 540 i 0525-0002-0030 HACKNEY, WILLIAM T., ET UX, GLORIA E. HACKNEY 5 541 0525-0002-0050 PROENZA, RAMON, ET UX 5 542 5 543 9950-0002-0410 LOPEZ, ISRAEL AND ERMA E. LOPEZ REVOCABLE LIVING TRUST 5 544 9950-0002-0400 CLIFF ZARSKY TEXAN HOMES, INC. 5 545 9950-0002-0390 CLIFF ZARSKY TEXAN HOMES, INC. 5 546 I 9950-0002~0380 CLIFF ZARSKY TEXAN HOMES, INC. 5 547 9950-0002-0370 HIRSHMAN, WILLIAM P. AND ROBIN S. HIRSHMAN 5 548 9950-0001-0250 i BUSBY, CARL A. 5 549 ; 0772-0003-0015 SMITH, EUGENE H. 5 550 i 0772-0003-0010 FRANCIS, GERRY DAVID AND WIFE, CATHRYN J. FRANCIS 5 551 0772-0002-0140 YZAGUIRRE, RUBEN JR., ET UC, ANGELICA YZAGUIRRE 5 552 ' 0772-0002-0010 SERRANO, SANDRA 5 553 0772-0001-0010 [PI~-FMAN, RICHARD C. 5 554 2476-0052-0240 ?LLEN, W. P., MRS., C/O JAMES C. ALLEN 5 Exhibit D EXH A.Ownership list, NCAD.xls Page 3 of 3 RESOLUTION RECOGNIZING PUBLIC NECESSITY OF ACQUIRING UTILITY AND CONSTRUCTION EASEMENTS FOR THE SOUTHSIDE WATER TRANSMISSION MAIN PROJECT, PHASES 4, 4A, & 5, FOR UTILITY AND OTHER MUNICIPAL PURPOSES IN CONNECTION WITH SAID PROJECT; AND AUTHORIZING ACQUISITION BY MEANS OF NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI OR ITS AGENTS IN ACQUIRING SAID EASEMENTS. WHEREAS, the City of Corpus Christi ("City") has implemented a pipeline project, known as the Southside Water Transmission Main, to enhance the distribution of water to various parts of the city. WHEREAS, the pipeline project has entered into phases 4, 4A, and 5 of the overall venture. WHEREAS, there is a public necessity for this project and for the acquisition of property rights, consisting of utility and construction easements, in the parcels of land that will be crossed by this project as shown and described in Exhibit "A". WHEREAS, the City is a mtmicipal corporation and under Texas eminent domain laws has the right to acquire utility and construction easements in the parcels of land for the pipeline project and for other municipal purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, City Attorney, and agents of the City, are authorized to acquire, either by negotiated purchase or by condemnation proceedings under Texas law, the utility and construction easements in the parcels of land to be crossed by the Southside Water Transmission Main Project, as shown and described in Exhibit "A", and for other municipal purposes. SECTION 2. That public necessity requires the acquisition of property rights, consisting of utility and construction easements in said land, save and except the City seeks to acquire no oil, gas, and mineral rights. SECTION 3. That the City Manager, City Attorney and agents of the City are authorized and directed to take such action as in their judgment is necessary in connection with the filing and handling of any condemnation case for the acquisition of said easements. SECTION 4. That this resolution shall take effect immediately from and after its passage. KESO-8.doc I 11 AGENDA MEMORANDUM November 11,2003 SUBJECT: City Hall Renovations - Project No. 4311 AGENDA ITEM: a. Ordinance appropriating $60,000.00 from unappropriated settlement proceeds in the No. 3160 City Hall ClP Fund to provide funding for architectural services for the City Hall Renovation Phase 1 Project; Amending the FY 2003 Capital Budget adopted by Ordinance 025144 by increasing appropriations by $60,000.00; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute an architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $60,000 for City Hall Renovation Phase 1 Project. FUNDING: Funding is available from settlement proceeds in the City Hall CIP Fund. RECOMMENDATION: Approval of the motions as presented. Angel R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Background Information Contract Summary Site Map H:\HOME~KEVINS\GEN\CITYHALL~2003Renovafion~AEMemo.doc BACKGROUNDINFORMATION PROJECT DESCRIPTION: The project is a continuation of efforts to increase service provided to the public and businesses dealing with the City. The need to improve operational efficiency of City Departments that are presently scattered on several floors is one of the objectives of the project. The completion of Development Center has made additional space available for the departments remaining in City Hall. Architectural services are needed to ensure the allocated spaces and interfaces optimize operations. The services will include an analysis of space needs and utilization. The architectural contract is being phased to define the extent of remodeling and scope of the project. The project is intended to allow the reutilization of the space while minimizing the need to alter and remodel spaces. The project will upgrade those areas that need painting, new floor covering, and are subject to water intrusion. The HVAC distribution system which has reached the end of its economic life will be upgraded with new digital controls, replacement of VAV boxes, valves, hoses and other components as needed. ARCHITECTURAL SELECTION: The City released a Letter of Notification for architectural services, based on a previous Request for Qualifications. Dykema Architects, Inc. of Corpus Chdsti, Texas was selected for negotiation. Dykema Architects have extensive space utilization experience. A contract summary is attached. See E~ibit B. H:\HOME\KEVIN S\GEN\CITYHALL~2003 Renovafion~AEBkg ExhA.doc Page 1 of 1 CONTRACT SUMMARY The Consultant's services will include basic research, documentation and design necessary for the preparation of plans and specifications required for the renovation of City Hall to prepare for revised space utilization, including program review, development of office standards, departmental layout, cost estimates, construction documents, support for bidding, construction, and post construction activities. Construction documents, bid phase, construction phase, and post construction phase services will be negotiation and evidenced in writing as an amendment to this contract. The plans will address problem areas and water infiltration identified by the City to the extent funding permits and as mutually agreed by the Consultant and City Engineer. The Consultant will recommend and specify materials and finishes that are durable and resistant to mold and water damage. The Consultant will employee the services of a mechanical engineering consultant to address such areas that may need modification or renovation including the HVAC distribution and controls. The renovations are envisioned to result in departments being housed on a single floor to the extent possible. Selection and specification, and assistance in specifications of standards furniture, fixtures and equipment will be addressed as needed. The specific scope of the renovations wilt be defined in writing as part of a future amendment of this contract prior to being authorized to proceed with Section ll.B. Basic Services. PRE-DESIGN SERVICES 1. Floor Plans and Space Needs - The Consultant will: Update floor plans to spaces each department is currently using and spaces that are currently unused; Prepare color coded floor plans to clearly show each department's spaces, shared spaces and unused spaces; Review the current space utilization with Departments; Validate the additional space requirements of the 2002 Space Utilization Plan prepared by Morgan Spear and Associates; Update the space needs assessmeht plan to show the limits of each departments' proposed spaces using existing wall layouts to extent reasonably possible; and Prepare a color coded space utilization plan illustrating how spaces are divided and utilized. 2. Office Standards, Desi,qn and Cost Estimation - The Consultant will: Develop office standards for the City sufficient to act as a guide to coordinate office sizes based on job categories, paint colors, carpet and floor covering choices, window treatments, furniture selections, and art work; Work with City staff to address problem areas in the building relating to water infiltration to allow corrective measures to be undertaken as part of the renovation project; Work with each department to develop a layout to fulfill their needs using the space allocations and office standards developed as part of this contract; Recommend open office layout with open office furniture and use of conventional walls as may be appropriate for each department and working group within the department; and Develop and provide an estimate of renovation costs on a department basis or floor by floor basis as may be directed by the City Engineer or his designee. BASIC SERVICES 1. Desi,qn Development - Preliminary Construction Document Phase (60%) - The Consultant will: a. employ and coordinate the activities of Consultant's staff architect(s), and consulting engineer(s) to ensure all architectural and engineering related report documents are prepared under the direct supervision of architect(s) or engineer(s) registered to practice in the State of Texas. Sub-Consultants (engineer(s)) shall practice engineering in the disciplines for which they will be engaged in the design of this project, (i.e. civil, structural, mechanical, electrical, plumbing); b. prepare design development documents for the entire project based on the approved schematic design to further refine and describe the project establishing the scope, relationship, form, size and appearance of the project through the use of plans, sections, schedules, typical details, elevations, and outline specifications; c. produce design documents in a manner to assure their suitability for continued use in the development of bid, contract, and construction documents; Exhibit B Page 1 of 4 d. all design, bid, and construction documents will be developed with electronic format (AutoCAD r.14 or higher); e. drawings will define all space utilization, renovation elements and systems in schematic, architectural, interiors, mechanical, electrical, plumbing, fire protection, electrical, and telecommunications as required; f. coordinate subconsultants; i. prepare and deliver color plans depicting the final floor plan utilization by department to the City Engineer or his designee; j. prepare a fire protection and life safety analysis identifying fire protection code requirements, fire protection issues, and proposed solutions and alternatives; k. meet with local building and fire code officials to review floor plan modifications; I. update the estimate of probable construction cost and project schedule; m. deliver five (5) sets of design development drawings that represent 60% contract document completion to the City Engineer and meet with City staff and the City's program manager for review and approval; n. assure the delivered design development documents include at a minimum: i. design development level drawings of all disciplines; ii. design narrative; iii. fire protection and life safety analysis as needed; iv. outline specifications; v. project phasing plan; vi. four colored renderings; vii. an updated opinioq of probable construction costs; viii. site development plans, utility plans, foundation plans, and framing plans; ix. floor plans with all primary spaces and wall divisions; x. mechanical, electrical, and plumbing with primary and secondary systems designated with preliminary layouts of equipment rooms; xi. one line diagrams of specialty electrical systems such as fire and life safety, public information, security and communication. Design - Construction Document Phase (100%} - The Consultant will: a. employ and coordinate the activities of Consultant's staff architect(s), and consulting engineer(s) to ensure all architectural and engineering related report documents are prepared under the direct supervision of and sealed by architect(s) or engineer(s) registered to practice in the State of Texas. b. prepare drawings, specifications, bid, contract, construction documents based on the approved design development documents which set fodh in detail the requirements, drawings, specifications, and quality levels of materials and systems necessary in the format to permit the bid, contract award, and construction of the project; c. prepare construction drawings (plans and specifications) in City format; d. deliver five (5) copies of the 90% complete construction documents for each construction contract and meet with the City Engineer and City staff for review and approval prior to completion of the final bid and construction documents; e. the Consultant will prepar~ technical specifications which define the quality and installation of materials, systems, and equipment; f. deliver to the City Engineer plans, specification manuals, bid and contract documents in a format suitable for review by the Texas Department of Licensing and Regulation (TDLR) for han.d, icap accessibility; g. work on behalf of the City Engineer in evaluation and correction of documents to meet requirements of the TDLR if necessary; h. deliver to the City Engineer final reproducible plans, specifications, contract and bid documents in City format including full size and half size plan sheets; i. review and validate the estimate of probable construction cost and project budget as it relates to alternative construction based on the final construction documents; j. recommend alternatives, methods of bidding, and any alternate bid items that may be needed to allow the City to award the construction contract within budget; Bid Phase - The Consultant shall complete the following as part of the bid phase services: a. attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid documents; Exhibit B Page 2 of 4 prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and reproduced and distributed by the City Engineer; assist the City Engineer in securing bids, analyze bids, and make a written recommendation concerning award of the contract; and in the event the bid received by the lowest responsible bidder exceeds the established project budget for construction, the Consultant will, at his/her expense, confer with City Engineer and make revisions as necessary and satisfactory to the City Engineer to permit the re-advertising of the project for bids. CONSTRUCTION SERVICES 1. Construction Phase - The anticipated duration of construction is twelve (12) months for the project. The Consultant shall complete the following tasks during the construction phase: a. attend and assist the City Engineer with a pre-construction meeting between the contractor, City Engineer, and other interested parties; b. review and check for approval, materials and other submittals customarily provided by the Contractor or required by contract documents during the course of construction by the contractor and ensure that two field copies and one record of submittal data is provided to the City Engineer (the construction contract documents will provide for the contractor to pay the cost for any approval, materials or other submittals requiring more than two (2) reviews by the Consultant). The Consultant's review or approval of Contractor's submittals such as shop drawings, product data and samples shall only be for the limited purpose of checking for general conformance with the visual design concept expressed in the contract documents. The Consultant shall not be responsible for any deviations between the shop drawings, the contract documents, and field conditions; c. prepare a color and material board, after receipt of submittals from the contractor, for review and approval by the City Engineer; d. provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the construction contract, and are not contrary to the general interest of the City under the contract; e. review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; f. consult with the City Engineer and advise during construction and confer with City staff and other governmental authorities as needed; g. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his/her representative (Project Manager) and contractor to observe the general progress and quali~ of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment. Consultant site visits will not constitute or be confused with a resident inspection or continuous monitoring of the progress of construction. The Consultant's local architectural associate, mechanical, electrical structural and other engineering consultants will provide periodic site visits during the construction period. Other subconsultants will make periodic site visits as necessary during the construction period. h. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this contract; and i. the consultant is not responsible for the contractor's means and methods of construction. 2. Record Drawings - The consultant shall review the Contractors field set of construction drawings and specifications. On the basis of "red-line" drawings and marked-up specifications provided by Contractor, and based upon known deviations, change orders, mark-ups, and changes reported by the City project inspector, the Consultant shall prepare "as-built" record drawings and specifications of the project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings and a marked up set of specifications. Exhibit B Page 3 of 4 1 POST-CONSTRUCTION SERVICES - The Consultant shall: 1. conduct a preliminary inspection and prepare a punch list of items for correction, repair or installation by the contractor to be delivered to the City Engineer and contractor prior to final inspection; 2. conduct a final inspection with the City representative and contractor which shall include a familiarization walk-through with City personnel (if applicable) of mechanical and control systems, emergency procedures, and maintenance procedures; 3. review of the following materials submitted by the contractor for completeness: operation manuals, maintenance manuals, technical information, approved submittal sheets, parts lists, manufacturer maintenance guaranties and warranties and/or other guaranties or warranties and forward the material to the City's designated representative for copying, collating, and distribution; and 4. assist the City Engineer in completion of the final Certificate of Occupancy if required by the Building Official. 5. on behalf of the City Engineer, work in cooperation with the Texas Department of Licensing and Regulation on the inspection phase of the project for compliance with Article 9102 - Texas Statutes, Elimination of Amhitectural Barriers Program. 6. on behalf of the City Engineer, perform a 10 month maintenance guaranty inspection of the facility noting items of repair/replacement consistent with a 1 year warranty of the facility by the Contractor. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $60,000.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified as Pre-Design Services specified in Section I1. Summar7 of Fees: Tasks I Description I Fee Pre-design Services II.A.1 Floor Plans and Space Needs 10,000 II.A.2 Design and Cost Estimating 50,000 Pro-design Subtotal 60,000 Basic Services & Additional Services ll.B.1 Design - Construction Document Phase 60% TBN ll.B.2 Design - Construction Document Phase 100% TBN ll.B.3 Bid Phase TBN Basic Service Subtotal TBN Construction Services I1.C.1 Construction Phase TBN I1.C.2 Record Drawings TBN Construction Service Subtotal TBN Post Construction Services II.D Post Construction Phase TBN Post Construction Services Subtotal TBN Design & Construction Subtotal TBN I TOTAL $60,000 Exhibit B Page 4 of 4 1 File : \Mproject\councilexhibits\exh4$11.dwg NUECES BAY N PROJECT LOCATION AGNES LOCATION MAP NOT TO SCALE CORPUS CHRIS~ BAY LOB( N CITY PROJECT No. 4311 VICINITY MAP NOT TO SCALE EXHIBIT "C" CITY HALL RENOVATIONS CiTY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: ! 1 - 11-2003 ORDINANCE APPROPRIATING $60,000 FROM UNAPPROPRIATED SETTLEMENT PROCEEDS IN THE NO. 3160 CITY HALL CIP FUND TO PROVIDE FUNDING FOR ARCHITECTURAL SERVICES FOR THE CITY HALL RENOVATION PHASE I PROJECT; AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026144 TO INCREASE APPROPRIATIONS BY $60,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $60,000 in unappropriated settlement proceeds is appropriated in the No. 3160 City Hall CIP fund to provide funding for architectural services for the City Hall Renovation Phase I Project. SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $60,000. 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 ,2003. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secmtary Approved November 5, 2003 Lisa Aguilar ~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor 12 AGENDA MEMORANDUM City Council Action Date: November 11, 2003 AGENDAITEM: Item A. An ordinance appropriating $255,000 from the estimated program income revenue in the No. 1066 Federal/State grants fund as State Fiscal Year 2003-2004 program income to fund environmental health, laboratory, and nursing services for the period of September 1, 2003 through August 31, 2004. ISSUE: The Health Department receives funding from the Texas Department of Health (TDH) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State/Federal funds. The State/Federal supported revenues are deemed Program Income (PI). PI earned during the state fiscal year (September 1 - August 31) must be spent during that year or returned to the state. PI earned is to be used to supplement local fund~ for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Expenditures have included clerical positions in Environmental Health, Laboratory & Nursing, laboratory and nursing supplies, communications equipment, and staff training. Planned expenditures for FY 2003-2004 includes salaries, fringe benefits, supplies, minor equipment, contractual services, training, and computer equipment for the environmental health, laboratory, and nursing programs. Attachment A reflects PI earnings for FY 2002-2003 and projected earnings for FY 2003-2004 for a total appropriation request of $255,000. Budgeted expenditures are indicated on Attachment B for all activities. REQUIRED COUNCIL ACTION: Authorize an appropriation of $255,000 for FY 2003- 2004 Program Income. PREVIOUS COUNCIL ACTION: Council approved funding FY02-03. FUNDING: There is no match funds required. CONCLUSION AND RECOMMENDATION: Staff recommends that the ordinance be approved to provide a continuation of public health services to our community. partment Head Sig tu BACKGROUNDINFORMATION The Health Department receives funding from the Texas Department of Health (TDH) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State/Federal funds. The State/Federal supported revenues are deemed Program Income (PI). PI earned during the state fiscal year (September 1 - August 31) must be spent during that year or returned to the state. PI earned is to be used to supplement local funds for public health services. Any TDH grant that allows a percentage of PI to go to the municipality that executed the contract are calculated to determine that amount and the remaining funds are appropriated back to the local health department to support the infrastructure of the department. ATrACHMENT A CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT ESTIMATED PROGRAM INCOME FISCAL YEAR 2004 a b a/b calculation fy 2003 fy 2003 fy 2003 fees fy 2004 proaram proq inc proa inc % at 100% profl inc % family planning $ 1,571 31% $ 5,068 40% immunization $ 6,989 81% $ 11,457 80% std (estthru 12/31) $ 4,906 43% $ 11,409 40% tb $ 48,137 100% $ 48,137 100% environmental $ 61,468 16% $ 384,177 21% lab charges $ 10,369 16% $ 64,80~ 21% lab medicaid $ 66,615 100% $ 66,615 100% total $200,055 $ 591~670 eetlmatlon fy 2004 nroe inc $ 2,751 $ 3,553 $ 10,080 $ 62,954 $ 82,279 $ 24,759 $ 68,624 ATTACHMENTS CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT PROGRAM INCOME APPROPRIATIONS FISCAL YEAR 2004 ACCOUNT DESCRIPTION '11/ . . --- I/I II III 11 • •I 111 /ICI I 11 11 I!. 2•.II .. ii.-, :r •.u. -,/i 11 --- II 11 111 11 11 11 111 11 I /MITT.", - .: :. ,. 111 --- 11 11 • 11 11 111 11 11 11 M&FIll 1 •- �• :n II 11 ®" I III 11 1111 11 I/ 11111 I:: 1 SEMI..: .: u : ., ._ is ° . ---� 111 11 :1 • I 1 : 1111 1111 • • .a: • - -: .:� --� 11 111 I I .III I / / « I is . • - - --- I I --- I !•:_�._.•: : p cw ra.. ---- •111 II 11 :11 II 1.1 I1 I 1 -.:- - • -- - --- 1/1 11 :11 11 1111 11 11 :1111 i 11 �:,.: •a ..,-.0-i,=.• : • ,: «_ ------ 111 I / 111 11 I I _ • • - �- «- ---- 11 / I :11 11 • 111 111 I I '1 I : •:.: .•a : :._ -_-- 111 11 .11 11 11 11 � 11 11 I I _ i• _ : .. ------ III 11 III II 1 1 �- _ '111 III 11 III /I 11111 .11111 111 ® .111 ri : :• 111 -�- 11111 III 11 1111 � / ::111 . I I. I .• c : • : / / ----- 111 11 � III 11 -�•r. . 11 11:111 11 11 It :: 11 •. •I . It111 ORDINANCE APPROPRIATING $255,000 FROM ESTIMATED PROGRAM INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL YEAR 2003-2004 PROGRAM INCOME TO FUND ENVIRONMENTAL HEALTH, LABORATORY, AND NURSING SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2003 THROUGH AUGUST 31, 2004; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $255,000 from estimated program income revenue is appropriated in the No. 1066 Health Grants Fund as State Fiscal Year 2003-2004 program income to fund environmental health, laboratory, and nursing services for the period of September 1,2003 through August 31, 2004. 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 ., 2003. ATTEST: THECITYOFCORPUS CHRISTI Armando Chapa City Secreta~ Samuel L. NeaI, Jr. Mayor APPROVED: November 7, 2003 Lisa Aguilar / } Assistant CityAttorney for City Attorney 13 CITY COUNCIL AGENDA MEMORANDUM city Council Action Date: 11-11-03 AGENDAITEM: Item A: Motion authorizing the City Manager or his designee to accept a $1,000 grant from the Coastal Bend Alliance for Youth (CBAY) to be used for counseling for youth receiving case management sef~ces end for fundraising efforts to provide se~ices to youth served by the Juvenile Assessment Center. Item B: Ordinance appropriating $1,000 in the Fund 1067, Park and Recreation Grants Fund. ISSUE: The Juvenile Assessment Center refers many of the youth that are on case management to local non-profit agencies for counseling. Due to state and federal funding cuts, the amount of free cour~eiing for poor youth and families in our community has been drastically reduced. While it is hoped that this will be a short-term problem and that many of these programs will be reinstated in the futura, there is an immediate need to be able to send cJients who cannot pay for counseling to counseling in order to break the cycle of delinquency. To this end, the Juvenile Assessment Center is attempting, with the help of the Coastal Bend Alliance for Youth, to raise some funds in order to pay for counseling for youth on case management. REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to accept the $1,000 grant and appropriate it in the Fund 1067 Park and Recreation Grants Fund. PREVIOUS COUNCIL ACTION: NA FUNDING: $1,000 from the Coastal Bend Alliance for Youth. CONCLUSION AND RECOMMENDATION: Staff recommends that Council authorize the City Manager or his designee to accept the $1,000 grant and appropriate it in the Fund 1067 Park and Recreation Grants Fund. ~ ~ David Ondrias, Acting Director Park and Recreation of Collabo~.~,~ :dCi~' ~ Coastal Bend Alliance for Youth October 27, 2003 Ms. Mariah Boone Juvenile Assessment Center P. O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mariah: The Coastal Bend Alliance for Youth (CBAY) is pleased to award the City of Corpus Christi Juvenile Assessment Center an emergency grant in the amount of $1,000.00 from CBAY funds designated for reducing truancy. The grant will be used for counseling for youth receiving case management services and for fundraising efforts to provide services to youth served by the Juvenile Assessment Center. Yours truly, Robin West, President Coastal Bend Alliance for Youth Coastal Bend Alliance for Youth, P. O. Box 7011, Corpus Christi, Texas 78467-7011 ORDINANCE APPROPRIATING $1,000 GRANT FROM THE COASTAL BEND ALLIANCE FOR YOUTH IN THE NO. 1067 PARK AND RECREATION GRANTS FUND FOR YOUTH SERVICES PROVIDED BY JUVENILE ASSESSMENT CENTER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTi, TEXAS: SECTION 1. That $1,000 grant from the Coastal Bend Alliance for Youth is appropriated in the No. 1067 Park and Recreation Grants Fund for youth services provided by Juvenile Assessment Center. 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 ,2003. ATTEST: THEClTYOFCORPUSCHRISTI Armando Chapa City Secretary Samuel L. NeaI, Jr. Mayor APPROVED: November 5, 2003 Lisa Aguilar"~'~'~ Assistant City Attorney for City Attorney 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 11, 2003 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's Designee, to submit a grant application to the Texas Parks and Wildlife Department in the amount of $500,000 for construction of new three lane boat ramp in the northwest corner of the Cooper's Alley L- Head; with a City match of $250,000 in the No. 3270 Seawall CIP Fund, and a total project cost of $750,000. ISSUE: Authorization to submit a Texas Parks and Wildlife Grant application for $500,000 for the construction of a new three (3) lane boat ramp in the northwest corner of the Cooper's Alley L-Head. REQUIRED COUNCIL ACTION: Authorization to submit a grant application to the Texas Parks and Wildlife Grant program for $500,000 for the construction of a new three (3) lane boat ramp designed to improve the safety and capacity of boaters in the Corpus Christi Marina. PREVIOUS COUNCIL ACTION: No previous council action has been taken in the construction of a new three (3) lane boat ramp. However, Council has emphasized the importance of safety and improvements along the shoreline and within the marina. The existing two (2) lane boat ramp located in the southeast corner of Cooper's Alley is deteriorating and is not optimally located for the prevailing winds. FUNDING: Funding is available from the Seawall CIP Fund for the $250,000 local match required by the Texas Parks and Wildlife grant program. The abandonment of the old boat ramp has been approved by Bond Counsel as an eligible expenditure under the Seawall Bulkhead Restoration project. The $500,000 available from the state will allow the City to construct a new boat ramp that offers increased safety and increased capacity. CONCLUSION AND RECOMMENDATION: The Water/Shore Advisory Committee, at it's regular meeting on Thursday, November 6, 2003, approved a motion to submit this grant application for the relocation and construction of this new three (3) lane boat ramp. It is recommended that Council approve the resolutioJ3-as presented. David Ondrias Acting Director, Park and Recreation Department Attachments: [xhibit A - Background Information ~-xhibit B - Proposed Site Plan BACKGROUND INFORMATION Additional Information: The City Marina's boat ramp is currently scheduled for repair and renovation under the Seawall Bulkhead Restoration Project. The current boat ramp was originally constructed in 1938. It is located in the Southeast quadrant of the Cooper's Alley L-Head, which makes it very susceptible to the wind and elements. Its current location often makes it difficult for boaters to launch their vessels into the marina. Further, the boat lanes are very narrow in comparison to today's standards and are considered to be a safety risk when two or more boaters attempt to launch simultaneously. The Corpus Christi Marina is a popular tourist attraction for tourists and visitors, as well as native Corpus Christians. Tourism in the Corpus Christi area generates approximately 10,790 jobs, $624.8 million in travel spending, and $57.7 million in tax receipts each year. Approximately one hundred (100) vessels launch from the public boat ramp each week. This number is expected to increase with the construction of the: · Multipurpose Arena; · Professional Minor League Baseball Stadium; and · Convention Center expansion and rehabilitation project. All of these attractions are within a 5-mile radius of the marina and are expected to draw a greater amount of tourists and boaters to the marina and the Corpus Christi area. Corpus Christi currently enjoys several boating events each year such as the Power Boat Shoot Out, which draws thousands of spectators along the Bayfront. The logistics of launching several boats into the water at one time was very difficult. The increased capacity of the boat ramp will not only increase boater safety at events such as this, but also increase the possibility of drawing bigger boating events into the Corpus Christi area. Project Description: The project will require the issuance of a change order to the Seawall contract for the L and T-heads Rehabilitation. That change order will result in the existing boat ramp located in the southeast corner of the L-Head being abandoned and closed. This will result in new sheet pile bulkhead and bulkhead cap being installed. The area behind (landside) of the bulkhead will be filled. Surface improvements will include the installation of sidewalks, pavement, parking and other improvements. The proposed new boat ramp will be located on the northwest corner of the L-Head. It will be configured as a three (3) lane boat ramp meeting modern design standards. This will improve launching conditions in relation to the prevailing wind. Launching of multiple boats at the same time will be facilitated. Launches can be accomplished at less risk of collision and damage to vessels. The new location of the boat ramp will make the ramp more accessible, increase capacity, and more importantly, increase the safety for visitors and citizens alike. SUBJECT: BOAT RAMP RELOCATION EXHIBIT 'B' - SITE PLAN - Traffic Engineering Div, Engineering Services Dept, RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $500,000 FOR CONSTRUCTION OF NEW THREE LANE BOAT RAMP IN THE NORTHWEST CORNER OF THE COOPER'S ALLEY L-HEAD; WITH A CITY MATCH OF $250,000 IN THE NO. 3270 SEAWALL ClP FUND, AND TOTAL PROJECT COST OF $750,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Parks and Wildlife Department in the amount of $500,000 for construction of a new three lane boat ramp in the Northwest corner of the Cooper's Alley L-Head. The City match for this grant is $250,000 in the No. 3270 Seawall CIP Fund, for total project costs of $750,00Q SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 5th day of November, 2003. Lisa Aguilar ~~4 Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Nov 11 TI:~V $500K grant.doc 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 11, 2003 AGENDA ITEM: Boat Sewage Pump-out Grant Application Item A: Resolution authorizing the City Manager, or City Manager's designee to submit a grant application to the Texas Parks and Wildlife Department Pump-out Program in the amount of $11,000 for purchase of a portable boat sewage pump-out unit, with a City match of $2,750 in the No. 4700 Marina Fund, and a total project cost of $13,750. ISSUE: Authorization to submit a Texas Parks and Wildlife Grant application for $11,000 for the purchase of a portable boat sewage pump-out unit to be located in the Co~pus Christi Marina. REQUIRED COUNCIL ACTION: Approval to submit a Texas Parks and Wildlife Grant application for $11,000 to purchase a portable boat sewage pump-out unit to be located in the Co[pus Christi Marina. The portable unit will assist the City and the marina to meet the increased demand for portable sewage pump-out facilities, to help maintain a healthy and sanitary marina environment, as well as assist the City to meet the Texas Commission on Environmental Quality Clean Marina standards. PREVIOUS COUNCIL ACTION: No previous Council action has been taken on this project. FUNDING: The matching 25%, or $2,750 of the grant will be paid from the No. 4700 Marina Fund. CONCLUSION AND RECOMMENDATION: It is recommended the Council authorize the application t,,o Jt(~Texas Parks/a~Wildlife Pump-out Program Grant. David Ondrias Acting Director, Park and Recreation Attachments: Background Information BACKGROUNDINFORMATION In 2003, the Corpus Christi Marina was the first marina in the state of Texas to be designated a Clean Marina by the Texas Commission on Environmental Quality (TCEQ). This prestigious honor comes with the responsibility to maintain a healthy and sanitary water quality standard within the marina. Currently, the marina maintains a stationary sewage pump-out station that is the designated area for sewage pump-out from visiting vessels or those anchored in the marina. The use of the sewage pump-out station has had mixed results. It has helped contribute to the designation of "Clean Marina" by the TCEQ.. However, there are vessels, which cannot adequately access the station due to lack of training in navigation or for other reasons. These vessels then pump-out raw sewage into the waters of the marina. While strict enforcement and vigilance by marina patrol has increased, the fact remains that several vessels continue to dump sewage into the marina as evidenced by elevated levels of bacteria in the monthly testing performed by the Health department. Furthermore, the portable unit will be available to all marina tenants. The portable unit will assist vessels that cannot adequately access the stationary pump-out station and make the marina a mom boater friendly place to operate. Our goal is to make the Corpus Christi Marina a safer, cleaner, and healthier body of water for all to enjoy. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT PUMPOUT PROGRAM IN THE AMOUNT OF $11,000 FOR PURCHASE OF A PORTABLE BOAT SEWAGE PUMPOUT UNIT, WITH A CITY MATCH OF $2,750 IN THE NO. 4700 MARINA FUND, AND TOTAL PROJECT COST OF $13,750 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Parks and Wildlife Department Pumpout Program in the amount of $11,000 for purchase of a portable boat sewage pumpout unit. The City match for this grant is $2,750 in the No. 4700 Marina Fund, for total project costs of $13,750. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 5th day of November, 2003. Lisa Aguilar~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Nov 11 TPW grant.doc 16 AGENDA MEMORANDUM DATE: November 11, 2003 SUBJECT: ACCEPTING AND APPROPRIATING GIFTS TOTALING $1,300 FROM WALMART AND THE GRAND AERIE FRATERNAL ORDER OF EAGLES AGENDA ITEMS: A. Motion accepting gifts totaling $1,300 from Walmart and the Grand Aerie Fraternal Order of Eagles. The funds will be used at the Northwest Branch Library to purchase library materials, particularly audio tapes and CD's for the elderly and vision impaired. B. Appropriating $1,000 gift from Walmart and $300 gift from Grand Aerie Fraternal Order of Eagles in the Community Enrichment Fund no. 4720 to purchase library materials for the elderly and vision impaired; amending FY 2003-2004 operating budget adopted by Ordinance no. 025394 to increase appropriations by $1,300; and declaring an emergency. ISSUE: Walmart and the Grand Aerie Fraternal Order of Eagles have contributed a total of $1,300 for the purchase of library materials at the Northwest Branch Library for the elderly and vision impaired. As with all library materials, the audio tapes and CD's to be purchased with these funds, although to be housed at the Northwest Branch Library, will be available to all Corpus Christi library patrons. REQUIRED COUNCIL ACTION: Appropriation of funds require Council action. PRIOR COUNCIL ACTION: None relating to these gifts. FUTURE COUNCIL ACTION: None. RECOMMENDATION: Staff recommends gift acceptance and appropriation of funds. Herb Canales Director of Libraries ORDINANCE APPROPRIATING $1,000 GIFT FROM WALMART AND $300 GIFT FROM GRAND AERIE FRATERNAL ORDER OF EAGLES IN THE COMMUNITY ENRICHMENT FUND NO. 4720 TO PURCHASE LIBRARY MATERIALS FOR THE ELDERLY AND VISION IMPAIRED; AMENDING FY 2003-2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 TO INCREASE APPROPRIATIONS BY $1,300; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,000 gift from Walmart and $300 gift from Grand Aerie Fraternal Order of Eagles are appropriated in the Community Enrichment Fund No. 4720 to purchase library materials, including tapes and CDs, for the elderly and vision impaired. SECTION 2. That the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 is amended to increase appropriations by $1,300. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: October 31,2003 Lisa Aguilar U Assistant City Attorney for City Attorney 17 AGENDA MEMORANDUM DATE: November 11, 2003 SUBJECT: ACCEPTING AND APPROPRIATING A $54,000 GIFT FROM THE FRIENDS OF THE CORPUS CHRISTI PUBLIC LIBRARIES AGENDA ITEMS: A. Motion authorizing the City Manager or designee to execute a Gift Agreement with the Friends of the Corpus Christi Public Libraries which provides the City with a gift of $54,000 for the expansion and remodeling of the Mary and Jeff Bell Children's Library at the Central Library. B. Appropriating $54,000 from the Friends o£the Corpus Christi Public Libraries in the Library CIP Fund no. 3210 for Improvements to the Mary and Jeff Bell Children's Library at the Central Library; amending Capital Budget adopted by Ordinance no. 025144 by increasing appropriations by $54,000; and declaring an emergency. ISSUE: The Friends of the Corpus Christi Public Libraries has undertaken a campaign to raise a minimum of $250,000 for the expansion and remodeling of the Mary and Jeff Bell Children's Library at the Central Library. The library will double in size to 3,000 sq. ft. Services will be developed to target young parents and young children to encourage children to develop an interest in reading. To date over $130,000 has been raised, including a lead gift from the Ed Rachal Foundation in the amount of $50,000. An October 26 fundraiser at a private home netted over $52,000, the total amount which is included in this contribution. Recently the Charity League announced a campaign to raise funds for this project. The League will present a check next May. REQUIRED COUNCIL ACTION: Execution of agreements and appropriation of funds require Council action. PRIOR COUNCIL ACTION: $61,344 received from the Friends of the Corpus Christi Public Libraries and appropriated March 25, 2003; $15,000 received from the Corpus Christi Public Library Foundation, Inc. and appropriated May 20, 2003. FUTURE COUNCIL ACTION: Additional contributions will be received next year requiring appropriation. A construction contract will be awarded next year as well. RECOMMENDATION: Staff recommends gift acceptance and appropriation of funds. Herb Canales Director of Libraries ORDINANCE APPROPRIATING $54,000 FROM THE FRIENDS OF THE PUBLIC LIBRARIES IN THE LIBRARY CIP FUND NO. 3210 FOR IMPROVEMENTS TO THE MARY AND JEFF BELL CHILDREN'S LIBRARY AT THE CENTRAL LIBRARY; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $54,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a gift of $54,000 from the Friends of the Public Libraries is appropriated in Library ClP Fund No. 3210 for improvements to the Mary and Jeff Bell Children's Library at the Central Library. SECTION 2. That the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended to increase appropriations by $54,000. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: October 30, 2003 Lisa Aguilar [~) Assistant Cit~ Attorney for City Attorney GIFT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE FRIENDS OF THE CORPUS CHRISTI PUBLIC LIBRARIES MARY & JEFF BELL CHILDREN'S LIBRARY This agreement ("Agreement") is made by and between the City of Corpus Christi ("City"), a home-rule municipal corporation organized under the laws of the State of Texas, and the Friends of the Corpus Christi Public Libraries ("Friends"), an unincorporated association which exists solely to benefit the City's public libraries. For and in consideration of the covenants, undertakings, and consideration stated in this Agreement, the parties mutually agree as follows: (1) The City accepts a gift ("Gift") from the Friends in an amount not to exceed $54,000, which will be spent solely and exclusively for the expansion and remodeling of the Mary & Jeff Bell Children's Library. (2) All interest that accrues on the Gift will be used solely for the expansion and remodeling costs of the Children's Library at the City's Central Library. (3) Any portion of the Gift not disbursed by the City two years from the date of this Agreement will be refunded to the Friends. (4) This Agreement cannot be assigned, modified, or amended unless both parties mutually consent to the assignment, modification, or amendment. Additionally, any assignment, modification, or amendment must be made in writing and executed by representatives of each party. (5) This Agreement will be interpreted in accordance with the laws of the State of Texas. Executed in duplicate, each of which shall be considered an original, on this the __ day of ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: George K. Noe City Manager ,2003. Verbnica Oca~as Assistant City Attorney for the City Attorney Friends of the Corpus Christi Public Libraries Ken I~ella~, Presidentv . I~ichael A. Howell, Treasure Date Date 18 AGENDA MEMORANDUM DATE: November 11, 2003 ITEM: A. Resolution authorizing participation in the T~xas Term Local Government InvesUnent Portfolio (Texas Daily), a public funds investment pool, and designating authorized representatives. Resolution authorizing participation in Texas Short Term Asset Reserve Program (TEXSTAR), a local government mvesanent pool, and government investment pool, and designating authorized representatives. C. Resolution amending thc City Investment Policy to provide maximum amount that may be invested in local government investment pools and adopting the investment policy as amended. ISSUE: In order to expand diversification of thc City's investment portfolio, two additional investment pools are being recommended: TEXSTAR and TexasDaily. Both investment pools require adoption by the governing body. Also, the Pubhc Funds Investment Act requires the governing body to adopt the city's investment policy annually. The investment policy is being amended to read: thc maximum amount that may be invested in any one local govc~maent investment pool is the lesser of the following: (i) an amount equal to 5% of the current invested balance of thc local govca~,ent investment pool, or (ii) $50,000,000. REQUIRED COUNCIL ACTION: Approval of the Resolution is required by the Public Funds Investment Act. BACKGROUND INFORMATION: The City's Investment Committee met on October 27, 2003 to review proposed amendmonts. The City's Investment Committee voted to submit these proposed amendments for adoption by City Council. RECOMMENDATION: City Staff and the City's investment Committee recommend the approval of the Resolution authorizing participation in the Texas Term Local Government Investment Po~folio (TexasDaily), and designing authodzed representatives. Staff also recommends the approval of the Resolution authorizing participation in Texas Short T~m Asset Reserve Program (TEXSTAR), and designating authorized representatives; and approval of the Resolution amending the City Investment Policy to provide maximum amount that may be invested in local goverarmmt investment pools and adopting the investment policy as mnended. Constance P. Sanchez Acting Director of Financial Services TEXSTAR Resolution TexasDaily Resolution Investment Policy Resolution Investment Policy Combined Portfolio Composition Report as of July 31, 2003 RESOLUTION AUTHORIZING PARTICIPATION IN THE TEXAS TERM LOCAL GOVERNMENT INVESTMENT PORTFOLOIO, A PUBLIC FUNDS INVESTMENT POOL, AND DESIGNATING AUTHORIZED REPRESENTATIVES WHEREAS, the City of Corpus Christi, Texas ("Participant") is a Texas home rule municipality and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act, Chapter 2256 of the Texas Government Code; and WHEREAS, the TexasTERM Local Government Investment Portfolio, a public funds investment pool ("Pool") was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the City Manager or designee is authorized to execute a Participation Agreement for Participant to establish an account in the Pool in the name of Participant, for the purpose of transmitting local funds for investment in either the TexasTERM series or the TexasDAILY series within the Pool. SECTION 2. That the individuals whose signatures appear in this Resolution are Authorized Representatives of the Participant and are each authorized to transmit funds for investment in the Pool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. These individuals may be issued P.I.N. numbers. The Authorized Representatives of the Participant are: Name: Dorothea L. Montoya Signature: Title: City Treasurer Name: David C. Hedberg Signature: Title: Investments Analyst Name: Constance P. Sanchez Title: Acting Director of Finance Signature: SECTION 3. Listed below is the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement: Name: Dorothea L. Montoya Title: City Treasurer. Texas TERM RES.DOC 2 SECTION 4. In addition, and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative may not make deposits or withdrawals. Listed below is the name of the representative designated by Participant with inquiry rights only: Name: Jerome Joslin Signature: Title: Automation Coordinator SECTION 5. This Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Pool receives a copy of any amendment or revocation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 29, 2003 Samuel L. Neal, Jr. Mayor Assistant City Attorney for City Attorney Texas TERM RES.DOC RESOLUTION AUTHORIZING PARTICIPATION IN TEXAS ASSET RESERVE PROGRAM (TEXSTAR), A LOCAL INVESTMENT POOL, AND DESIGNATING REPRESENTATIVES SHORT TERM GOVERNMENT AUTHORIZED WHEREAS, it is in the best interests of the City of Corpus Christi to invest its funds jointly with other Texas local governments in the Texas Short Term Asset Reserve Program (TexSTAR), a local government investment pool, in order to better preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield; WHEREAS, the City of Corpus Christi is authorized to invest its public funds under its control in TexSTAR and to enter into the participation agreement authorized in this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. The form of application for participation in TexSTAR attached to this resolution is approved. The officers specified in the application are authorized to execute and submit the application, to open accounts, to deposit and withdraw funds, to designate other authorized representatives, and to take all other action required or permitted by the City of Corpus Christi under the Agreement created by the application, all in the name and on behalf of the City of Corpus Christi. SECTION 2. The TexSTAR Investment Policy is adopted as City of Corpus Christi investment policy, the TexSTAR investment officers are designated as the City of Corpus Christi's investment officers, and the TexSTAR Board is designated as custodian and depository, in each case for the City of Corpus Christi's public funds and funds under its control that are deposited with TexSTAR. Unless the City of Corpus Christi provides a contrary Investment Policy to TexSTAR, it shall be the City of Corpus Christi's Investment Policy that any or all of its public funds and funds under its control may be invested in and through TexSTAR. SECTION 3. This resolution will continue in full force and effect until amended or revoked by Applicant and written notice of the amendment or revocation is delivered to the TexSTAR Board. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 29, 2003 Lisa Aguilar U Assistant City Attorney for City Attorney TexSTAR RES.DOC Samuel L. Neal, Jr. Mayor TexSTAR APPLICATION FOR PART ICIPATION IN TExSTAR The undersigned local government (Applicant) applies and agrees to become a Participant in the Texas Short Term Asset Reserve Program (TEXSTAR). Authorization. The governing body of Applicant has duly authorized this application by adopting the following resolution at a meeting of such governing body duly called, noticed, and held in accordance with the Texas Open Meeting Law, chapter 551, Texas Government Code, on ............... 20__: WHEREAS, it is in the best interests of this governmental unit ("Applicant") to invest its funds jointly with other Texas local governments in the Texas Short Term Asset Reserve Program (]'EXSTAR) in order better to preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield; and WHEREAS, Applicant is authorized to invest its public funds and funds under its control in TEXSTAR and to enter into the participation agreement authorized herein; NOW, THEREFORE, B Err RESOLVED THAT: SECTION 1. The form of application for participation in TEXSTAR attached to this resolution is approved. The officers of Applicant specified in the application are authorized to execute and submit the application, to open accounts, to deposit and withdraw funds, to designate other authorized representatives, and to take all other action required or permitted by Applicant under the Agreement created by the application, all in the name and on behalf of Applicant. SECTION 2. The TExSTAR Investment Policy is adopted as Applicant's investment policy, the TEXSTAR investment officers are designated as Applicant's investment officers, and the TEXSTAR Board is designated as custodian and depository, in each case for Applicant's public funds and funds under its control that are deposited with TEXSTAR. Unless Applicant provides a contrary investment policy to TEXSTAR, it shall be Applicant's investment policy that any or all of its public funds and funds under its control may be invested in and through TEXSTAR. SECTION 3. This resdution will continue in full force and effect until amended or revoked by Applicant and written notice of the amendment or revocation is delivered to the TEXSTAR Board. SECTION 4. Terms used in this resolution have the meanings given to them by the application." Agreement. Applicant agrees with other TEXSTAR Participants and the TEXSTAR Board to the Terms and Conditions of Participation in TExSTAt~ effective on this date, which are incorporated herein by reference. Applicant makes the representations, designations, delegations, and representations described in the Terms and Conditions of Participation. Authorized Representatives. Each of the following Participant officials is designated as Participants Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: Name Sicmature Title Direct phone David C. Hedberg Investments Analyst (361) 880-3651 Constance P Sanchez Acting Director of Finance (361) 880-3227 The following Participant official listed above is designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements [required]: Name .................. pgr.o?..a..L.:..M, .9.n. ~.o.y.a. ................. E-mail address ............... ..dm...o..n~.o. ×.a. ~, .c.c..t .e.x...as.: .cftc. .............. The following Participant official not listed above is designated as a Participant Inquiry Only Representative authorized to obtain account information [optional]: Name Sionature Til~le Jerome Joslin Automation Coordinator Applicant may designate other authorized representatives by written instrument signed by an existing Applicant Authorized Representative or Applicant's chief executive officer. 4. Taxpayer Identification Number. Applicant's taxpayer identification number is ........................... Bank Information Sheet(s). The attached ~nsert quantity] ............ Bank Information Sheet(s) is or are approved and incorporated herein by reference to establish account(s) in the name of Applicant. Dated this .......................................... (Name of Applicant) (Signature of official) ............... 9~.93'8~...K... ~9~, .C.~t.y., .M...(t.n..a.g.e.[ ............... (Printed name and title) Approved and accepted: TEXAS SHORT TERM ASSET RESERVE FUND By: FIRST SOUTHWEST ASSET MANAGEMENT, INC,, Participant Services Administrator By: ......................................................... Date: ............................. Authorized Signer RESOLUTION AMENDING THE CITY INVESTMENT POLICY TO PROVIDE MAXIMUM AMOUNT THAT MAY BE INVESTED IN LOCAL GOVERNMENT INVESTMENT POOL AND ADOPTING THE INVESTMENT POLICY AS AMENDED WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; amended in Resolution No. 022980 on July 8, 1997; amended in Resolution No. 023472 on October 27, 1998; amended in Resolution No. 023864 on December 14, 1999; amended in Resolution No. 024208 on September 12, 2000; amended in Resolution No. 024679 on December 11, 2001; amended in Resolution No. 025151 on December 17, 2002; and amended in Resolution No. 025266 on April 15, 2003; WHEREAS, the City of Corpus Christi investment Committee reviewed these proposed amendments to the Investment Policy and recommends that the City Council amend the City Investment Policy; and WHEREAS, as provided in Section I1. C of the Investment Policy, the City Council must review the Investment Policy on or before December 31 of each year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section V, Authorized Investments and Maximum Term, Subsection A.4, is amended to read as follows: 4. Local Government Investment Pool ................................................................ daily Investments made on behalf of the City by a public funds investment pool duly created to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio at a $1 net asset value. If the ratio of the market value of the Pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. ~ The maximum amount that may be invested in any one local .qovernment investment pool is the lesser of the followin,q: (i} an amount equal to 5% of the current invested balance of the local ,qovernment investment pool, or (ii) $50,000,000. The maximum total amount that may be invested in all local ,qovernment investment pools is twenty-five (251 per cent of the Investment Portfolio. The Director of Financial Services or designee may allow for up to a two-day increase in maximum amounts upon notification to Investment Committee. Page 2 of 2 The public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Local Government Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the rating standard hereinabove stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of _the Texas Government Code, currently permits following investments: Obligations of, or Guaranteed by Governmental Entities Certificates of Deposit and Share Certificates Repurchase Agreements Banker's Acceptances Commercial Paper Mutual Funds; and Guaranteed Investment Contracts SECTION 2. A copy of the amended City Investment Policy is attached and incorporated as an Exhibit. The Investment Policy is adopted as amended. The adoption of this Resolution is in furtherance of the City's statutory duty under Chapter 2256, Texas Government Code, to review its investment policy and investment strategy not less often than annually, and adopt a written resolution evidencing the review of and approval of changes to its Investment Policy. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 29, 2003 Lisa Aguilar ~) Assistant City Attorney for City Attorney Samuel L Neal, Jr. Mayor H:\LEG-DIR\Lisa\RES\Nov 2003 Investment Policy.doc INVESTMENT POLICY ~ilpvestment Policy - Resolution No. Approved on TABLE OF CONTENTS Pa,qe I. INTRODUCTION ............................................................................................................ 3 II. PURPOSE ..................................................................................................................... 3 III. DEFINITIONS ................................................................................................................ 4 IV. INVESTMENT OBJECTIVES ......................................................................................... 5 V. AUTHORIZED INVESTMENTS AND MAXIMUM TERM ................................................ 7 VI. INVESTMENT MIX AND STRATEGIES ....................................................................... 10 VII. RESPONSIBILITY AND CONTROLS ........................................................................... 12 VIII. COMPETITIVE SOLICITATION ................................................................................... 14 IX. AUTHORIZED INSTITUTIONS .................................................................................... 14 X. PLEDGED COLLATERAL ............................................................................................ 15 XI. SAFEKEEPING ............................................................................................................ 15 XII. WIRE AND ELECTRONIC SERVICES ......................................................................... 16 XIII. INFORMATION REPORTING/EVALUATION ............................................................... 16 XIV, BANKING SERVICES .................................................................................................. 17 XV. GENERAL PROVISIONS ............................................................................................. 18 APPENDICES B. C. D. E. F. G. PUBLIC FUNDS INVESTMENT ACT ........................................................................... 19 LIST OF AUTHORIZED CITY REPRESENTATIVES ................................................... 29 CITY'S CODE OF ETHICS ORDINANCE .................................................................... 30 CITY'S INDEMNIFICATION ORDINANCE ................................................................... 43 WIRE AND ELECTRONIC SERVICES ......................................................................... 45 INVESTMENT POLICY RESOLUTIONS ...................................................................... 46 RESOLUTION .............................................................................................................. 49 I. INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state, and federal law. Investments shall be made with the primary objective of: · Preservation of capital and protection of principal; · Maintenance of sufficient liquidity to meet operating needs; · Security of city funds and investments; · Diversification of investments to minimize risk while maximizing interest earnings; and · Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. II. PURPOSE A. Authorization This Investment Policy is authorized by the City Council (see Appendix F) in accordance with Chapter 2256, Subchapter A of the Government Code - The Public Funds Investment Act (see the attached and incorporated Appendix A). B. Scope This Investment Policy applies to activities of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Funds Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves and Debt Service, Interfund Transfer and Commercial Paper) In addition to this policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment ,T. his Policy shall be reviewed annually by the City Council on or before December 3t of each calendar year subsequent to its adoption. Amendments must be authorized by the City Council. The City Council shall adopt a wdtten instrument by ordinance or resolution stating that it has reviewed the Investment Policy. The written instrument so adopted shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized City Representative - Officers authorized to transact as set out in the attached and incorporated Appendix B on behalf of the City (City Treasurer, Controller, Chief Accountant, and Director of Financial Services). Authorized Selling Group - Primary dealer and regional firms that have been selected by the underwriter to sell their securities. Each authorized member of a selling group will offer the issue at the price authorized by the governmental agency. Collateral - Securities pledged by an Institution to safeguard City assets; the City requires either U.S. Treasuries or U.S. Agencies Securities so that the market values can be readily determined at any point in time. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments. Director of Financial Services Designee - Controller or Chief Accountant. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction - An Investment, which an Institution fails to deliver the City's Third Party Safekeeping Institution. Institution - Any firm, bank, bank holding company, broker or dealer who provides quotes for either the purchase or sale of investments. Investment - All authorized Securities listed in Item V. Authorized investments and maximum term investments approved by the Investment Committee include U.S. Treasuries, U.S. Agencies, Repurchase Agreements, Local Government Investment Pool, Guaranteed Investment Contracts (with respect to bond proceeds), and Collateralized Certificates of Deposit. Investment Officers - City Treasurer and Investment Analyst. Investment Portfolio - All City monies being invested under authority of the Investment Officers. Qualified Representative - A person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For, a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; or (c) For an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool. (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by Council for specific purposes, which have not been appropriated for spending. Securities -Approved Investments designated by the Investment Committee to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non-profit corporations that Investment Officers are permitted to invest; includes such entities as the Corpus Chdsti Health Facilities Development Corporation, Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, and Corpus Christi Crime Control and Prevention District. Third Party Safekeeping Institution - Any Institution not affiliated with Institution delivering the Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City, in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a mannerT which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service Co payments, and other payables, Liquidity is also achieved by investing in Investments with active secondary markets or in Local Government Pools with stable net asset values. It is imperative that the Investment Portfolio and Excess Cash Balances be protected with sufficient Collateral at a minimum of 102% of current market values so that monies are available as needed. Return on Investments The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this policy described in IV.A and B. Operating Funds - Six-Month Constant Maturity Index Capital Improvement Funds - Three-Month Constant Maturity Index Core Funds - One-Year Constant Maturity Index Special Funds - Three-Month U.S. Treasury Bill Yield However, it must be recognized that during a declining market, satisfying this objective may not be practical until Investments mature and can be re-invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investing such monies. Diversification Diversification is required because of differing liquidity needs of the City and is employed as a way to control risk. Diversification minimizes the dsk to the overall Investment Portfolio of potential losses on individual Securities and enhances the safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 5. 6. 7. U.S. Treasuries U.S. Government Agencies Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA. Public Funds Investments Pools - through participation agreements; and Certificates of Deposit - through approved local banks. Money Market Mutual Funds Guaranteed Investment Contracts (for Bond Proceeds only) The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market pdce risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment-basis for all transactions, except investment pool funds and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safekept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. AUTHORIZED INVESTMENTS AND MAXIMUM TERM The City of Corpus Christi is authorized to invest in: A. Authorized Investments Obligations of the United States or its agencies and instrumentalities, which currently include: 1. Short-term U.S. Treasuries: Maximum Term a, U.S, Treasury Bills .................................................. up to 365 days b, U.S. Treasury Coupon Notes .................................... up to 3 years c. U.S. Treasury Notes and Strips ............................... up to 3 years* *see Section V.B.3. U.S. Agencies: Maximum Term a. Federal Home Loan Bank ......................................... up to 2 years b. Federal National Mortgage Association .................... up to 2 years c. Federal Farm Credit .................................................. up to 2 years d. Federal Home Loan Mortgage Corporation ............... up to 2 years e. Student Loan Marketing Association ......................... up to 2 years 3. Repurchase Agreements ........................................... up to 365 days Repurchase agreements fully collateralized at 102% with a defined maturity date placed with a primary government dealer and safekept at a Third Party Safekeeping Institution, as provided under the provisions of the PSA (Public Securities Association) master repurchase agreement. An executed agreement between the City, primary government dealer and Third Party Safekeeping Institution will be on file before the City will enter into a tri-party repurchase agreement. Weekly monitoring by the City's Investment Officers of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. Reverse repurchase agreements are not a permitted Investment. 4. Local Government Investment Pool .......................................... daily Investments made on behalf of the City by a public funds investment pool duly created to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio at a $1 net asset value. If the ratio of the market value of the Pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. *"'~"* "'""' "" .... ~;~ The maximum amount that may be invested in any one local ,qovernment investment pool is the lesser of the followin,q: (i) 5% of the current invested balance of the Ioca ,qovernment investment pool, or (ii) $50,000,000. The maximum total amount that may be invested in all local ,qovemment investment pools is twenty-five (25) per cent of the Investment Portfolio. The Director of Financial Services or designee may allow for up to a two-day increase in maximum amounts upon notification to Investment Committee. The public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Local Government Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the rating standard hereinabove stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 5. Collateralized Certificates of Deposit ............................ up to 1 year Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or Secured by obligations that are described by Section V, Subdivision A.1 (a) through A.2 (e). Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral. (Collateral Mortgage Obligations will not be eligible as Collateral-see X.C.). The Investment Officers will monitor adequacy of collateralization on a weekly basis. Money Market Mutual Fund A no-load money market mutual fund is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) orthe Investment Company Act of 1940 (15 U.$.C. Section 80a-1 et seq.); c. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer; and d. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. e. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy. 7. Guaranteed Investment Contracts ............................... up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. Weighted Average Maturity In order to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, Investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The maximum term for any Investment other than Reserve Funds is three years. The weighted averaged days to maturity shall be less than 365 days for Investments, other than Reserve Funds. 1. Operating Funds The weighted average days to maturity of Investments, other than Reserve Funds, shall be 365 days or less. The Investment Officers will monitor the maturity level and make changes as appropriate. Capital Improvement Funds (Bond Proceeds, Bond Reserves, and Debt Service) The Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, and debt service) shall be determined considering: a. The anticipated cash flow requirements of the Capital 9 VI. Improvement Funds; and The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. Before an Investment can be made of bond proceeds from all bond issues affected by the tax-exempt bond provisions of the Internal Revenue Code of 1986, as amended (the "IRC"), a careful yield analysis must be performed to comply with the IRC. Also, an annual rebate calculation must be performed to determine if the City is required to rebate interest at the end of each respective bond issue's five-year term. Beginning on the annivemary of the third year for the respective bond issues, all bond proceeds will be yield restricted as required by the IRC. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to seven years in U.S. Treasuries: Maximum Choke Canyon Fund 4050 ............................................ $2,000,000 Debt Service Fund 2010 ............................................... $4,000,000 Utility Refunding Fund 4100 .......................................... $5,975,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments by obtaining this information from the Bloomberg system or the Tele-Rate system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. INVESTMENT MIX AND STRATEGIES A. investment Mix A minimum of 15% of the total Investment Portfolio shall be held in Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries/Agencies may be purchased for longer-term maturities (greater than one year) but shall not exceed 40% of the total Investment Portfolio to preserve liquidity. 10 C= Daily Investment reports shall specifically address whether stated Investment mix requirements are being met. Unless approved by the Investment Advisory Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. Strategies Investment strategies for Operating Funds and Capital Improvement Funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high quality, short-to-medium-term investments which will compliment each other. To pay for anticipated disbursements, investments will be laddered to correspond with the projected cash needs of the City. Some Investments are acquired on the short end of the yield curve (90 days or less) to meet immediate cash needs. ^ few Investments are purchased on the intermediate part of the yield curve (1-3 years) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date that exceeds the debt service payment date. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from investments with a Iow degree of volatility. In accordance with the bond ordinance specific to an individual bond issue, which sets out the maximum investment term, Investments should be of high quality, with short-to- intermediate-term maturities. Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Investment liquidity. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. The stated final maturity dates of Investments held shall not exceed the estimated project completion date. Achieving Investment Return Objectives Investment selection shall be based on legality, appropriateness, liquidity, and risk/return considerations. Monies designated for immediate expenditure should be passively invested. Passive investment provides for: 1. Liquidity to pay upcoming disbursements (payroll, debt service, payments, payables, etc.) VII. 2. Maximizing investment terms under the current budget; and 3. Structuring the Investment Portfolio on a "laddered" basis. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: Active investment provides for: The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion pedods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return dudng the holding period. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. RESPONSIBILITY AND CONTROLS A. Authority to Invest The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Director of Financial Services. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. All investments will be approved in writing by the Director of Financial Services or Designee (excluding Investment Officers). The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. B. Establishment of Internal Controls The City Treasurer will establish a system of internal controls over the Investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. ]2 Prudent Investment Management Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. If liquidation is necessary due to a pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this policy and as provided in 2256.021 of the Government Code. Investment of monies shall be governed by the following investment objectives in order of priority: preservation and safety of principal; liquidity; and yield. The designated Investment Officers shall perform their duties in accordance with the adopted Investment Policy and Procedures set forth in the Investment Procedures Manual. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. The Investment Committee and Officers are indemnified as provided by City Ordinance attached and incorporated as Appendix D. Standards of Ethics The Investment Committee and City Treasurer will comply with the City's Code of Ethics Ordinance attached and incorporated as Appendix C which requires disclosure of financial interests by April of each year. The designated Investment Officers and all members of the Investment Committee shall adhere to the City's Ethics Ordinance. To the extent required by section 2256.005(I) of the Government Code, the Investment Committee and City Treasurer shall make such filings as required by law. Training and Education Recognizing that the training and education of Investment Officers contributes to efficient and effective investment management, the City requires its Investment officers to obtain appropriate professional training. Such training is currently required by, and shall be obtained in accordance with Section 2256.008 of the Government Code Public Funds Investment Act. The Investment Committee approves investment-training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Municipal Treasurers Association Texas Municipal League UNT Center for Public Management If the investment Officer desires to attend an investment-training seminar presented by another organization for training credit, such seminar must be approved by the City Manager or his designee. VIII. COMPETITIVE SOLICITATION IX. Except for repurchase agreements, guaranteed investment contracts, and public funds investment pools, any new issue investment will be purchased through an Authorized Selling Group or directly through the issuer. For any Investment purchased or sold through the secondary market, the City will obtain at least three proposals from Authorized Institutions. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section IV.D. of these guidelines and must submit annual financial reports. AUTHORIZED INSTITUTIONS All institutions who seek to sell an authorized Investment to the City are required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Securities shall only be purchased through those Institutions approved by the Investment Committee. Investments shall only be made with those Institutions who have executed a written instrument in a form acceptable to the City, executed by a Qualified Representative of the Institution, and substantially to the effect that the Institution has: Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of the City's Investment Policy, and; Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by the City's Investment Policy. investments shall only be made with those Institutions who have met the qualifications and standards established by the City's investment Committee and set forth in the Investment Procedures Manual. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The City Treasurer will request the Investment Committee to authorize deletion of Institutions for: Slow response time; Less than competitive pricing; Little or no information on technical or fundamental expectations based 14 on economic indicators; Failed transactions or continuing operational difficulties; or Unwillingness to continue to abide the provisions listed in IX.A.; or Other reasons as approved by the Investment Committee. X. PLEDGED COLLATERAL The market value of pledged Collateral must be at least 102% of the principal plus accrued interest for Excess Cash Balances, certificates of deposit, guaranteed investment contracts, and repurchase agreements. Evidence of proper collateralization in the form of original safekeeping receipts held at a Third Party Safekeeping Institution not affiliated with the Institution pledging the Collateral will be approved by the City Treasurer and will be maintained in the City's Treasurer Office. An authorized City Representative (See Appendix B) will approve and release all pledged collateral. A. Collateral Substitution Collateralized Investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. B. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. C. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. Xl. SAFEKEEPING A. Third Party Safekeeping Agreement The City shall contract with a Bank or Banks for the safekeeping of Securities either owned by the City as a part of its Investment Portfolio or held by the City or a Third Party Safekeeping Institution as Collateral to secure certificates of deposit, repumhase agreements, guaranteed investment contracts or Excess Cash Balances. B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. Safekeeping of Repurchase Agreement Collateral Xll. WIRE Repurchase Agreement Collateral is restricted to U,S. Treasuries and must be delivered to a Third-Party Safekeeping Institution with which the City has (subject to the limitation described in Section X.C. above) established a third-party safekeeping agreement. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section X.C. above) and must be delivered to a Third-Party Safekeeping Institution with which a third-party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. AND ELECTRONIC SERVICES Wire and electronic services are to be provided as referenced in the City's Depository Services agreement, portions of which are attached and incorporated as Appendix E. The City requests applications for depository services every three to five years. Xlll. INFORMATION REPORTING/EVALUATION The City Treasurer and Investment Analyst are hereby designated as the Investment Officers and are responsible for the daily operation of the Investment program and will report to the Investment Committee on a quarterly basis. A. Investment Committee consists of: City Manager Deputy City Manager Assistant City Managers Director of Financial Services City Attorney Director of Management and Budget The Investment Committee will be responsible for monitoring, reviewing, and making recommendations regarding the City's Investment program to the City Council. Reports will be provided to the City Council by the Investment Officers nc less than quarterly, as required by the Public Funds Investment Act. B. Internal Reporting/Evaluation The following reports are to be submitted on a: Daily basis to the Director of Financial Services or Designee (Excluding Investment Officers): Cash Position by Bank Account Collateral Position Investment Portfolio (Including Purchases/Maturities) 2. Quarterly Reporting to Investment Committee and City Council. Executive Summary Schedules m. n. O. U. V. W. Combined Investment Report of Market Versus Book Values Combined Portfolio Composition Individual Portfolio Composition Cash and Equivalents U.S. Treasuries Investments Greater than One Year Combined Summary of Investment Transactions Combined Summary of Portfolio Activity Combined Investment Portfolio - Weighted Average Maturity Income Received from Investments Combined Analysis of Gains on Sale of Securities Aggregate Activity per Broker Analysis of Excess Coverage Comparison of Investment Returns to Benchmarks Combined Summary of Investment Transactions - Lake Texana Project Summary of Portfolio Activity - Lake Texana Project Weighted Average Matudty - Lake Texana Project Trade Journal Trade Journal Approved Institutional Brokers Glossary Compliance Statement Quarterly Investment Committee Meeting Agenda and Minutes C. External Reporting/Evaluations On a quarterly basis, the City's main depository and all applicable Institutions providing certificates of deposit in excess of FDIC coverage will provide to the Investment Officer for review a copy of the balance sheet and income statement for the Call Report. All Institutions will provide annual audited financial statements. Any local government investment pools must provide reports and disclosure statements as required by the Public Funds Investment Act. D. Record Retention The City follows the guidelines of retaining records for seven years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XlV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XV. GENERAL PROVISIONS Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts, the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached and incorporated as Appendix F "Investment Policy Resolutions." 18 APPENDIX A. TEXAS ~OVERNMENT CODE CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES § 2256.001. Short Title This chapter may be cited as the Public Funds Investment Act. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.002. Definitions In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (^) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. (11) "School district" means a public school district. (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 1, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 1, eft. Sept. 1, 1999. 2O § 2256.003. Authority to Invest Funds; Entities Subject to This Chapter (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, § 2, eft. Sept. 1, 1999. § 2256.004. Applicability (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161,162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, § 24, eft. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, § 2, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 8.21, eft. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1454, § 3, eft. Sept. 1, 1999. § 2256.005. Investment Policies; Investment Strategies; Investment Officer (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar-weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; and (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. <Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 685, § 1> (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (f) for another local government. <Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, § 3> (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. (j) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this subsection, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (I) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a private auditor employed in the manner provided by Section 321.020. Not later than January 1 of each even-numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee's approval of including a review by the state auditor in the audit plan under Section 321.013, the state auditor may review information provided under this 24 section. If review by the state auditor is approved by the legislative audit committee, the. state auditor may, based on its review, require a state agency to also report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. CREDIT(S) Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 885, § 1, eft. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, § 3, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 4, eft. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, § 41, eft. Sept. 1, 2003. § 2256.006. Standard of Care (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eff. Sept. 1, 1995. § 2256.007, Investment Training; State Agency Board Members and Officers (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once in a two-year period and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 73, § 1, eft. May 9, 1997; Acts 1997, 75th Leg., ch. 1421, § 4, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 5, eft. Sept. 1, 1999. § 2256.008. Investment Training; Local Governments (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsections (b) and (e), attend an investment training session not less than once in a two-year period and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (b) An investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVl, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 5, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 6, eft. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 69, § 4, eft. May 14, 2001. § 2256.009. Authorized Investments: Obligations of, or Guaranteed by Governmental Entities (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and beare no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, § 7, eft. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 558, § 1, eft. Sept. 1, 2001. § 2256.010, Authorized Investments: Certificates of Deposit and Share Certificates A certificate of deposit is an authorized investment under this subchapter if the certificate is issued by a state or national bank domiciled in this state, a savings bank domiciled in this state, or a state or federal credit union domiciled in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. Amended by Acts 1995, 74th Leg., ch. 32, § 1, eft. April 28, 1995; Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 6, eft. Sept. 1, 1997. § 2256.011. Authorized Investments: Repurchase Agreements (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.0115. Authorized Investments: Securities Lending Program (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (b) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (B) pledged irrevocable letters of credit issued by a bank that is: (i) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (i) 2256.009; (ii) 2256.013; (iii) 2256.014; or (iv) 2256.016; (4) the terms of a loan made under the program must require that the securities being held as collateral be: (A) pledged to the investing entity; (B) held in the investing entity's name; and (C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: (A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one year or less. CREDIT(S) Added by Acts 2003, 78th Leg., ch. 1227, § 1, eft. Sept. 1, 2003 § 2256.012. Authorized Investments: Banker's Acceptances A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.013. Authorized Investments: Commercial Paper Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or 3O (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.014. Authorized Investments: Mutual Funds (a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); (3) has a dollar-weighted average stated maturity of 90 days or fewer; and (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than ~ or its equivalent; and (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or 3] (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 7, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 8, eft. Sept. 1, 1999. § 2256.015. Authorized Investments: Guaranteed Investment Contracts (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256;009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (I) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 8, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, §§ 9, 10, eft. Sept. 1, 1999. § 2256.016. Authorized Investments: Investment Pools (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering cimular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar-weighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, 34 stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 9, eft. Sept. 1, 1997. § 2256.017. Existing Investments An entity is not required to liquidate investments that were authorized investments at the time of pumhase. Added by Acts 1995, 74th Leg., ch. 76, § 5.46(a), eft. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, § 10, eft. Sept. 1, 1997. § 2256.0t9. Rating of Certain Investment Pools A public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, § 11, eft. Sept. 1, 1997. § 2256.020. Authorized Investments: Institutions of Higher Education In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-l, P-l, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.0201. Authorized Investments; Municipal Utility (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, and electric energy futures or options or similar contracts on those commodity futures as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg., ch. 405, § 48, eft. Sept. 1, 1999. § 2256.021, Effect of Loss of Required Rating An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.022. Expansion of Investment Authority Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013. Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 785, Section 42, eft. Sept. 1, 2003. § 2256.023. Internal Management Reports (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) additions and changes to the market value during the period; (C) ending market value for the period; and (D) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: 3'7 (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, § 12, eft. Sept. 1, 1997. § 2256.024. Subchapter Cumulative (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009(b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.025. Selection of Authorized Brokers 38 The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg., ch. 1421, § 13, eft. Sept. 1, 1997. § 2256.026. Statutory Compliance All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. Added by Acts 1997, 75th Leg., ch. 1421, § 13, eft. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS § 2256.051. Electronic Funds Transfer Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.052. Private Auditor Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. § 2256.053. Payment for Securities Purchased by State The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, § 8.67, eft. Sept. 1, 1997. § 2256.054. Delivery of Securities Purchased by State A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, § 8.68, eft. Sept. 1, 1997. § 2256.055. Deposit of Securities Purchased by State At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, § 8.69, eft. Sept. 1, 1997. SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT OF SECURITIES PURCHASED BY STATE [DELETED] 40 Combined Portfolio Composition As of July 3:1., 2003 Federated Pemon Mo~umenl~i Tr~ty ] P Morgan 60,952,672 3,963,333 ~.,079,525 ~4,942,125 44~251,704 65,000,000 25,000,000 5,000,000 65,000,0O0 25,0O0,0O0 60,952,672 3,963,333 5,0O0,0O0 ~.4,942,125 44,251,704 1,o79,525 'r nve~l:ment C~)de RP TN/S FN FH MM Repurchase Agreement Treasury Note Strip Federal National Mortgage Association Federal Home Loan Bank Money Market FM FC Ip SM FRP Federal Home Loan Mortgage Corp. Federal Farm Credit Bank Texpool Student Loan Marketing Association Flex Repo H :\Rn-dir~Shared\Cshmngt\ Quarterly Investment Report - .luly 2003 Schedule B 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November ll, 2003 AGENDA ITEM: Resolution supporting the development of La Quinta Trade Gateway Container Terminal by the Port of Corpus Christi Authority. ISSUE: The Port of Corpus Christi Authority is developing the La Quinta Trade Gateway Container Terminal (Terminal) on the north side of Corpus Christi Bay on Port-owned, unincorporated land located south of Gregory and east of Portland in San Patricio County. The Terminal will include a marina terminal with storage areas, a wharf capable of handling three containerships at once, nine cranes to load and unload cargo, an intermodal rail terminal, and a 115-plus acre green space buffer zone with a vegetated berm on the west side of the facility to reduce any visual and sound impacts. The Terminal has the potential to significantly expand the local job market and it will increase the potential for other commercial, retail, and business development, and the demand for housing in the area. REQUIRED COUNCIL ACTION: Approval of Resolution. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION: Staff recommends approval of the Resolution. Ronald F. Massey <~ Assistant City Manager LA QUINTA TRADE GATEWAY CONTAINER TERMINAL Port of Corpus Christi Authority FACT SHEET The proposed La Quinta Trade Gateway Container Terminal will be located on land owned by the Port of Corpus Christi Authority (Port) on the north side of Corpus Christi Bay. The terminal is an important component in the Port's effort to strengthen and diversify the regional economy. Since the Port began the overall development process for the La Quinta Container Terminal facility in 1998, there have been various feasibility studies and reports conducted. Several studies are available online at www.portofcorpuscinisti.com under the Business Information section on New Initiatives and include: The Channel Improvement Project The extension of La Quinta Channel to serve the container terminal site was evaluated as part of the larger federal Corpus Christi Ship Channel - Channel Improvement Project (CIP). The Feasibility Report and Environmental Impact Statement (EIS) on the CII° were finalized in April 2003. Authorization and funding for the channel improvements are being sought at the federal level in the Water Resources Development Act, currently being considered by Congress. Multiple issues related to the operation of the La Quinta Terminal facility were evaluated in the CIP EIS, such as ship traffic, shoreline erosion, ballast water, and beneficial uses of dredged material. La Quinta Trade Gateway Preliminary Master Development Plan and La Quinta Trade Gateway Market Feasibility Appraisal These studies looked at thc possible development approach for thc l,ll4-acrc site and thc market for a new container facility on thc Gulf of Mexico. These studies also evaluated thc potential for a public-private partnership between the Port and a private tcrminai operator or other private companies. Thc market appraisal concluded that there is strong potential for a new container terminal to handle cargo to and from market areas including Northeastern Mexico, Texas, thc Pacific Southwest U.S., and Central and South America. The Port is currently working to attract a private te~ninal operator for thc site. Draft Environmental Document for the Proposed La Quinta Trade Gateway Container Terminal Multiple issues were evaluated in order to prepare the draft environmental document for the terminal. These range from potential impacts on area roadways to noise and air impact evaluations. These studies, completed in 2003, indicate the terminal can be constructed and operated without placing any significant negative impacts on either the human or the natural environment. A public meeting will be held in Portland on October 28, 2003 for public comment on this document. Following any needed revisions, the Port will submit this document to the United States Army Corps of Engineers with the goal of securing the necessary permits to allow the project to move forward. Securing these permits will make the site more attractive to potential operating partners. 10.08.03 LA QUINTA TRADE GATEWAY CONTAINER TERMINAL Port of Corpus Christi Authority FACT SHEET What is a Container Terminal? Container terminals process cargo, such as all types of manufactured products and other goods, that is shipped in large containers. These containers are transferred from ships, using large cranes, onto trucks or trains. Or, the cargo can be moved from trucks or trains to ships. The La Quinta Trade Gateway Container Terminal will include a marine terminal with storage areas, a wharf capable of handling three containerships at once, nine cranes to load and un-load cargo, an intermodal rail terminal, and dredged material placement areas. Ancillary buildings or development on the site are also possible, such as warehousing, truck terminal facilities, office facilities for trade brokers, freight forwarders, and others. Special Features at the Site An 100-plus acre green space buffer zone with a vegetated berm will be constructed on the west side of the terminal to reduce any visual and sound impacts of the facility. A new major drainage channel and outfall will provide additional capacity for excess flow from the Green Lake drainage basin and drainage for the site. Regional Benefits Significantly expanded local job market, including direct jobs associated with terminal operations, indirect jobs created locally due to purchases of goods and services by firms, and induced jobs created throughout the local economy because terminal employees will spend wages locally on goods and services. The potential for additional land use developments at the La Quinta site, including light industrial, warehousing and storage, distribution, terminal support services, and freight operations. As an example, the Gulf Compress cotton warehouse facility recently broke ground on the proposed La Quinta site. This facility will provide 550,000 square feet of new warehouses for the agricultural community. · It is likely that the area demand for new housing, retail businesses, and other commercial services would expand once the terminal is developed. · The project will increase the tax base for San Patricio County, Gregory-Portland Independent School District, and other taxing entities. While the site is publicly owned land and thus non-taxable, there is a potential for additional tax revenue based on the extent of private taxable property located on the site. The public-private property composition and the potential tax benefits to various jurisdictions will not be known until agreements with specific private partners are developed. · The Port, Texas Department of Transportation (TxDOT), and others are working together to develop traffic plans for the area, which will address the initial and long-term area traffic needs, with or without the construction of the La Quinta Trade Gateway Container Terminal. 10.08.03 RESOLUTION SUPPORTING THE DEVELOPMENT OF THE LA QUINTA TRADE GATEWAY CONTAINER TERMINAL BY THE PORT OF CORPUS CHRISTI AUTHORITY. WHEREAS, the Pod of Corpus Christi Authority is a regional economic engine promoting development; and WHEREAS, the Pod of Corpus Christi Authority is developing the La Quinta Trade Gateway Container Terminal on the north side of Corpus Christi Bay on Pod-owned, unincorporated land located south of Gregory and east of Portland in San Patricio County; and WHEREAS, the goals of the proposed La Quinta Trade Gateway Container Terminal are to help meet the need for additional container facility capacity in the western Gulf of Mexico, to provide economic diversification of the Corpus Christi regional economy, and to accomplish these tasks with minimal impact on both the human and natural environment; and WHEREAS, the La Quinta Trade Gateway Container Terminal will include a marine terminal with storage areas, a wharf capable of handling three containerships at once, nine cranes to load and un-load cargo, an intermodal rail terminal, and a 115-plus acre green space buffer zone with a vegetated berm on the west side of the facility to reduce any visual and sound impacts; and WHEREAS, the La Quinta Trade Gateway Container Terminal has undergone planning, market feasibility, alternative site analysis, transportation, and environmental impact studies since the overall development process began in 1998; and WHEREAS, the container terminal will be one pad of a linked intermodal transportation system that supports trade; and WHEREAS, the La Quinta Trade Gateway Container Terminal has the potential to significantly expand the local job market; and WHEREAS, the La Quinta Trade Gateway Container Terminal will increase the potential for other commercial, retail, and business development, and the demand for housing in the area; and WHEREAS, the La Quinta Trade Gateway Container Terminal has the potential to increase the tax base for taxing entities in San Patricio County and the region; and WHEREAS, the plan for the La Quinta Trade Gateway Container Terminal demonstrates the continued commitment to environmental stewardship and proactive public participation of the Port of Corpus Christi Authority; and R34308Al.doc ! 2 WHEREAS, the site of the La Quinta Trade Gateway Container Terminal is within the City's extraterritorial jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City of Corpus Christi applauds the efforts of the Port of Corpus Christi Authority, and strongly supports the La Quinta Trade Gateway Container Terminal in order to achieve regional economic development and urges the speedy approval of necessary permits for construction. Section 2. That the City Manager Mayor is authorized to communicate with the U. S. Corps of Engineers and other permitting entities supporting the Port of Corpus Christi's permitting applications. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~ R. )J'~y .,l~ei n i/r.ns" Adtin~City Attorney Samuel L. Neal, Jr. Mayor day of /f-.J/,,¢--~--',2003. R34308A1 .doc 20 CITY COUNCIL AGENDA MEMORANDUM November 6, 2003 AGENDA ITEM: Ordinance amending Section 33-79, Code of Ordinances, City of Corpus Christi, regarding entering or remaining on city premises with a firearm; providing for penalties; providing for severance; and providing for publication. ISSUE: The current ordinance, Section 33-79, that was adopted in 1995, prohibits bringing any weapons into City facilities. This prohibit applied whether or not the individual is a concealed handgun license ("CHL") holder. During the last regular legislative session, S.B. 501 was adopted prevents the City from prohibiting CHL holders from carrying handguns onto most City properties. S.B. 501 took effect on September 1st, While the City has not been the ordinance against CHL holder since our ordinance is now preempted by State law. The ordinance needs to be amended to' eliminate the conflict. REQUIRED COUNCIL ACTION: Amend §33-79 to remove restriction on CHL holders bringing concealed handguns into most City buildings. PREVIOUS COUNCIL ACTION: §33-79 adopted by Ordinance 22454, 12/19/1995. FUNDING: Not applicable. RECOMMENDATION: Adopt the proposed ordinance. Acting City Attorney BACKGROUNDINFORMATION Prior to September 1, a property owner, including the City, could post a notice under Section 30.06, Texas Penal Code, to prohibit a concealed handgun license (CHL) holder from entering the owner's property with a concealed handgun. Violators could be prosecuted with criminal trespass under Sections 30.05 and 30.06. Texas Penal Code. During the last regular session of the Legislature, the Legislature adopted S.B. 501, which changed the State law, and amended Sections 30.05, 30.06, and 46.03, Texas Penal Code. S.B. 501, which took effect on September 1st, prevents the City from prohibiting CHL holders from carrying handguns onto City property with two exceptions. S.B. 501 made three substantive changes to the Texas Penal Code. First, it amended §30.05 and created a defense for a CHL holder charged with criminal trespass under the section, if the basis for the charge was entering on the property or land or entering into a building was forbidden with a handgun. Criminal trespass is entering or remaining on property without effective consent. Second, it provided an exception the application of §30.06, which relates to trespass by a CHL holder. It excepts property owned or leased by a government entity from the list of places where a CHL holder is prohibited from carrying a concealed handgun, unless the CHL holder is prohibited from carrying a handgun under §§46.03 or 46.035 of the Penal Code. Third, it amended §46.03 by prohibiting CHL holders from carrying a handgun "on the premises" of any government court or offices utilized by the court without written authorization or under written regulations. The previous law only prohibited possessing a handgun into the actual court. The City still has the authority to prohibit anyone who is not a CHL holder from bringing ANY weapon onto City property. As a property owner, the City can prevent a CHL holder from bringing ANY weapon, other than a concealed handgun onto City property. In addition, there are four specific provisions that limit when a CHL holder can bring handgun on City property: §46.03(a)(2), Texas Penal Code, prohibits a CHL holder from bringing a concealed handgun on the premises of a polling place on an election day or while early voting is in progress. The premises would include City Hall and other facility being used as a polling place, but will not include the parking lot or sidewalks. The City is not required to post a warning sign for a violation of this section. §46.03(a)(3), Texas Penal Code, prohibits a CHL holder from bringing a concealed handgun on the premises of City's Police/Municipal Court building, since it is the location of a government court and the site of the Municipal Court offices. The premises do not include the parking lot or sidewalk. This effectively continues the previous prohibition on bringing weapons into the Police/Municipal Court building. The City is not required to post a warning sign for a violation of this section. §46.03(a)(5), Texas Penal Code, prohibits a CHL holder from bringing a concealed handgun in or into a secured area of an airport. The City is not required to post a warning sign for a violation of this section. §46.035(c), Texas Penal Code, makes it an offense for the CHL holder to bring a handgun into any meeting of a government entity. Under this provision, the CHL holder could bring a handgun into City Hall, but not in the Council chambers or any other location where the Council is meeting. While the statute does not require the posting of any notice, the Texas Department of Public Safety rules, published in §6.45(6), Title 37, Texas Administrative Code, states that the subsection does not apply if the actor has not been given effective notice under §30.03, Texas Penal Code. Therefore, it appears that the City should posts the required notices at the locations where the meetings are held. While S.B. 501 did not require the City to remove the CHL signs, the CHL signs were removed from all of our buildings except for the Municipal Court/Police building because of questions from the public. Special signs will be posted at the specific locations and on those occasions, such as early voting, when CHL holders cannot bring their weapons into specific City buildings. AN ORDINANCE AMENDING SECTION 33-79, THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING ENTERING OR REMAINING ON CITY PREMISES WITH A FIREARM; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 33-79, Code of Ordinances, is revised to read as follows: Sec. 33-79. Entering or remaining on city premises with firearm. (a) A person commits an offense if the person, carrying a firearm, enters or remains on premises of the city. (b) It is a defense to prosecution under this section that the person was: (1) A commissioned security officer in the scope of his the officer's employment for the city; (2) A police officer of the city's police department; (3) A peace officer, other than a City police officer, within the scope of h!= the officer's duties; (4) In the actual discharge of .... duties as a member of the armed forces or state military forces as defined by section 431.001, Government Code; (5) Carrying the firearm at a gun show or other event involving display or use of firearms in Bayfront Plaza Convention Center or Memorial Coliseum in compliance with section 36-28 of this Code; (6) Carrying the firearm on the premises of the Corpus Christi International Airport in an approved container, for the purpose of and prepared for shipping, in compliance with federal regulations; or (7)A licensee' .... o,.,~ ,~... ~..n,.,.,~,... ,.~...,,,.~o,..,...~. .... ~.,-..- ......--.,.*.. .... - .... ~...4 in , ~...-'"'~ *".- *~'.,,.. .... ,...,,....=~'"'" .~.,~"* .., ,..""'~ ,...~'~ w~s if the licensee is in compliance with applicable State laws and rules regulating licensees and the carriage of hand,quns, (c) The city manager shall cause notice to be posted on all city premises that entry or remaining thereon while carrying a firearm, whether by a licensee or not, is prohibited. The content, size, print, placement, and other aspects of any sign shall be in the absolute discretion of the city manager or as required by State law. R30407B2.doc 2 (d) In this section: Firearm means a gun, handgun, rifle, shot.qun, or any other device designed, made or adapted to expel a projectile through a barrel by using explosive energy generated by an explosion or burning substance or any device readily convertible to that use. Licensee means a person who has a current, valid license to carry a concealed dg ~*'"*, han un purcucnt tc "'*;~'" AA~/'~ T .... C)~,,;~..~ r.;..a ........ under Chapter 4111 Texas Government Code. Premises means a building or any portion thereof, and parking lots and grounds adjacent thereto, including interior sidewalks, owned, leased, occupied or controlled by the city, including, not by way of limitation: administrative buildings, airports, auditorium, animal control buildings, city hall, coliseum, convention center, fire stations, golf courses, gymnasiums, health department buildings, marinas, multi-cultural center, museums, police buildings, recreational centers, senior centers, service center buildings, solid waste buildings, swimming pools, utility system buildings, and warehouses. Provided, however, "premises" shall not include public streets, sidewalks or parks. Provided, further, facilities such as museums or swimming pools, which may be located on park grounds, are not public parks. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R30407B2.doc 21 CITY COUNCIL AGENDA MEMORANDUM November 11, 2003 AGENDA ITEM: Special meeting of thc North Padre Island Development Corporation. ISSUE: In December 2002, the North Padre Island Development Corporation passed a resolution for the issuance of bonds, Series 2002, in an aggregate principal amount not to exceed $3,000,000. Subsequently in April 2003, $2,500,000 Tax Increment Revenue Bonds, Series 2003 were issued. A second issue of bonds in the amount of $2,500,000 is needed in fiscal year 2004 for the second installment to cover project costs. REQUIRED COUNCIL ACTION: Following the special meeting oftbe North Padre Island Development Corporation, staffrecommends the City Council approve the resolution approved by the North Padre Island Development Corporation authorizing the issuance of Series 2003A Bonds in an aggregate principal amount not to exceed $2,500,000. PREVIOUS COUNCIL ACTION: On October 1, 2002, City Council approved the formation of the North Padre Island Development Corporation and approved its articles of incorporation. On December 17, 2002, City Council approved a resolution to issue North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2002, in an aggregate principal amount not to exceed $3,000,000; approving a trust indenture and other contract documents relating to the bonds; and containing other provisions related thereto. The first series of bonds (Series 2003 Bonds) were subsequently issued in April 2003 in an amount of $2,500,000. FUNDING: Bonds to fund the Packery Channel project will be payable solely from the tax increment from the fund and not from other city revenues. RECOMMENDATION: City Staff recommends the approval of the Resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2003A Bonds in an aggregate principal amount not to exceed $2,500,000. Constance P. Sanchez Acting Director of Financial Services Attachments: Background Information Agenda for the North Padre Island Development Corporation Meeting of November 11, 2003 Minutes of the North Padre Island Development Corporation Meeting of February 25, 2003 Captured Value Forecasts and Levy Timetable of Events for Series 2003A Revenue Bonds H:~FIN-DIR~SHAR~DL4.GENDA~uncil Items Agenda MemoskNPlDSpecial Meeting.doc BACKGROUND INFORMATION North Padre Island Development Corporation, a not-for-profit local government corporation, was established by the City of Corpus Christi (''the City") under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalfoftbe City in the performance of the City's governmental functions and to provide a means of financing certain project costs in connection with Reinvestment Zone Number Two, City of Corpus Christi, Texas. It is governed by a Board of Directors, whose members are appointed by the City Council. In November 2000, the Reinvestment Zone #2 was created by the City Council, pursuant the provisions of the Tax Increment Financing Act ("TIF Act"), Chapter 311, Texas Tax Code to facilitate development of a channel and other facilities in the Packery Channel area. After a petition, the City Council submitted the ordinance to the voters in April 2001, which the voters approved. The Zone became effective on November 14, 2000, and will terminate on December 31, 2022, or at an earlier time designated by subsequent ordinance of the City, or at an earlier time that all zone project costs, tax increment bonds and the interest on all tax increment bonds, have been paid in full. As required under the TIF Act, the Zone Board prepared, and the City Council approved, a Project Plan and Reinvestment Zone Financing Plan (the "Plan") on February 25, 2003. The Plan includes information concerning proposed land uses and development, estimated project and non-project costs and administrative expenses, engineering studies, proposed financing and economic feas~dity d?__a, and property appraisal data. Of the total $29,728,913 projected cost of the Project, the City as Project sponsor has agreed to pay 35% oftbe total projected cost (or approximately $10,405,120). The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project Costs. From the onset, it was stated that bonds to fund the project would be payable solely from the tax increment from the fund and not from other city revenues, and that the transaction would be designed to completely insulate general city revenues from liability on the bonds. In December 2002, the North Padre Island Development Corporation passed a resolution for the issuance of bonds, Series 2002, in an aggregate principal amount not to exceed $3,000,000. Subsequently in April 2003, Tax Increment Revenue Bonds, Series 2003 in the mount of $2,500,000 were issued. This was the first installment of bonds issued for the purposes mentioned above. A second issue of bonds in the amount of $2,500,000 is needed in fiscal year 2004 for the second installment. Proceeds of the Series 2003A Bonds will be used to (i) pay a portion of the Zone Project Costs, and (ii) pay the costs of issuing the Series 2003A Bonds. H:~2q-DIR~HARED~AGENDA~?,ou~il Items Agenda Memc~'~,IPInspecial Meetiag.do~ Date~ Time~ Location~ AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION Tuesday, November 11, 2003 1:15 p.m. City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Call to order. Roll check. Conjuration Directors: Samuel L. Ne. al, Jr. President Mark Scott Vice-President Brent Chesuey Director Javier D. Colmenero Director Melody Cooper Direclx~ Rex A. Kinnison Director John Longoria Director Jesse Noyola Director Staff: George K. Noe, City Manager 1L Jay Refining, Acting City Attorney City Secretmy Armando Chapa, Secrc~my vacant, Treasurer Special Consideration items: 1. Approval of the minutes of the February 23, 2003 meeting. 2. Packery Channel Update. Resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003A, in an aggregate principal amount not to exceed $2,500,000; approving a bond purchase agreement and other contract documents relating to the Series 2003A bonds, and containing other provisions related thereto. Resolution appropriating the proceeds from the sale of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003A to fund the ~on and expansion of Packe~T Channel, and to pay relates costs of issoance, up to $2,500,000. NORTH PADRE ISLAND DEVELOPMENT CORPORATION FEBRUARY 25, 2003 CITY HALL COUNCIL CHAMBER 3:01 P.M. PRESENT: Members Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longofia Samuel L. Neal, Jr. Jesse Noyola Mark Scott Staff George Noe, Acting City Manager Lee Ann Dumbauld, Dir. of Finance R. Jay Reining, Acting City Attorney Armando Chapa, City Secretary ABSENT: Brent Chesney A. Call to order - Mr. Neal called the meeting to order at 3:01 p.m. Roll cheek - City Secretary called the roll and determined that all the members were present. John Longoria asked if any members of the board would have to abstain from voting. Acting City Attorney Jay Reining said Mr. Kelly and Mr. Ga~rett would be abstaining. Mr. Longoria made a recommendation to have the City Council replace the two members for future meetings. C. Suecial Consideration items: Election of Officers - A motion was made to appoint Mr. Neal as President, Mark Scott as Vice-President and passed unanimously by those present; Garrett and Kelly abstaining. Mr. Noe verified the appointment of Dkector of Finance Lee Ann Dumbauld as Treasurer and City Secretary Armando Chapa as Secretary made on November 27, 2002. Approval of minutes of November 27, 2002 - Mr. Kinnison made a motion to approve the minutes of November 27, 2002, seconded by Mr. Longoria and passed unanimously; Garrett and Kelly abstaining. Appointment of Executive Director- Mr. Neal made a motion to appoint George Noe as Executive Director, seconded by Mr. Scott and passed unanimously; Garrett and Kelly abstaining. H:~IN-DIR~SHARED~IPID CORP~2~25-.O3MIN.WPD, p. 1 Approval of a Tri-Partv Agreement - Executive Director Noe stated that with the approval of the Tri-Party Agreement, the NPID Corporation had the power to issue the bonds and to finance the project with the commitment fi.om the City of Corpus Christi and the Tax Increment Reinvestment Zone No. 2 to provide the tax increment to pay for the obligations. In response to Mr. Neal, Ms. Dumbauld stated the bonds would be issued in the name of the North Padre Island Development Corporation. A motion was made to approve Item 4 as follows: Resolution approving an Agreement ("Tri-Party Agreement" between City of Corpus Christi, Texas, the Tax Increment Reinvestment Zone # 2, and the North Padre Island Development Corporation, to which the North Padre Island Development Corporation is delegated the power and authority to administer the Tax Increment Reinvestment Zone # 2, including, but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tfi- Party agreement. The foregoing resolution passed as follows: Neal, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining; Chesney absent. Approval of issuance of Bonds - A motion was made to approve Item 5 as follows: Resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003, in an aggregated principal amount not to exceed $3,000,000; approving an Indentured of Trust and other contract documents relating to the bonds; and containing other provisions related thereto. The foregoing resolution passed as follows: Neal, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining; Chesney absent. Appropriation of proceeds from the sale of bonds - A motion was made to approve Item 6 as follows: Resolution appropriating the proceeds from the sale of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003 to fund the construction and expansion of Packery Channel, and to pay related costs of issuance, up to $3,000,000. The foregoing resolution passed as follows: Neal, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining; Chesney absent. Ad|ournment - The meeting was adjourned at 3:08 p.m. H:~IN-DIR~SHARED~JPID CORI~02-25-03MIN.WPD, p. 2 Relnveatrnm Zona Number Two CRY of Comm Christi, Tutus Paokery Channel Captured Vahe Foments a Levy Actual ERA -0 nerle Tot Raba Clw County a TOM FYE "Taxable Ceptum5 W ua NN Ta able CeptwM NM Taable Cepturod Ww No Taxable Captued Related [el Me Alktasble 7181 Tot Year Value Real Property Value Omwtn Ww 6 cwnt Levy Ww RW Propatty W. Oroa Ww 0 awl TIF Ley City FadlOaa Dal Mo Pweem Tat Rab 2009 82,650,798 85,871,000 (8) 2002 2001 92,068,188 10,905,193 167,842 98,514,000 12843,009 - 8 183,000 0.61!176 0.58M 0.2199 100% 1.417680 2004 2002 101,286,608 20,531,573 9.97% 88.27% 301,227 107,589,000 21,718,00D 9.21% 71.78% 314,000 0.641175 0.58348 0.2196 100% 1.417465 2004 2003 111,377,838 31,26/,83/ 9.99% 6229% 467,443 116,803,000 32,932AOD 10.42% 61 E396 477,000 0.641176 0.813409 0.236m1 109% 1.498245 X06 2040 131,379,000 41,609,009 10.68% 36.19% 869,000 0.844175 0.813408 0.298881 100% 1.498246 2008 2005 145,524,000 59,833,000 10.77% 31.08% 864,000 0.641175 0.517409 0.236881 100% 1.493246 2007 2006 161,16,000 75,612,000 10.97% 26.76% 1,081,000 0.64176 0.613400 0.235681 80% 1.446113 2008 2007 179,50,000 97,87,009 11.19% 23.89% 1,274,000 0.40175 0513109 0.235681 80% 1.30mi 200D 2008 16,932000 99,061,000 3.OD% 5.75% 1,303,000 0.841175 0.813109 0.236561 40% 1.351846 2010 2040 120,46,009 16,50,000 3.00% 580% 1,330,000 0.64175 0.613409 0.236881 211% 1.304716 2011 2010 198,16,OD0 110,323,000 3.00% 6,45% 1,36,000 0.641175 0.513409 - 1.257691 2012 2011 202,080,000 116,2m,000 3.00% 6.34% 1,427,000 0.644176 0.613409 1.2676W 2013 2012 208,143,000 122272000 3.OD% 5.22% 1,501,000 0.64175 0813409 1.257081 2014 2013 214,387,000 1451e,000 3.OD% 6.11% 1,578,000 0.64176 0.613409 1.267551 2015 2014 220,819,009 134,40,000 3.40% 5.00% 1,857,000 0.641175 0.613409 1.267661 2016 2015 227,443,000 141,572000 3.00% 4.91% 1,738,000 0.64175 0.613409 1257661 2017 2016 231,26,000 1439,000 3.09% 4.82% 1,822000 0.641175 0.613109 1.257684 2018 2017 241,284,000 155,423,000 3.09% 4.74% 1,90,000 0.64175 0.613409 1.257664 2019 2018 24,632000 162682,000 3oD% 4.65% 1,997,009 0.614175 0.613400 1.25766 2@0 2019 255,939,090 170,118,000 3.00% 4.58% 2039,000 0.641175 0.61340D 1.257664 2021 2020 213,688,000 177,798,000 3.40% 4.51% 2183,ODO 0.641175 0.613409 1.257681 2022 2021 271,57,000 185,708,000 3.09% 4.45% 2,260,000 0.64175 0.613409 1.257681 1023 2022 279,726,000 193,856,000 3.00% 439% 2339,000 0.641175 0.613408 1.257554 (a) ERA forecasts ware delved from a base value of $85.871 million. Actual net taxable base value was $82.650 million. coow 3aeurral 11/7/M03 NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE BONDS SERIES, 2003A TIMETABLE OF EVENTS ~o~ ~ ~ O~ober SIMITlWIThlFIs I 2 3 4 5 6 7 8 9 10 11 12 ~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November SIMITIWI~IFls 1 2 3 4 5 6 7 8 9 10 I~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 [-~ 28 29 30 l)zcemb~r SlMITIWIThlFIS I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ 26 27 28 29 30 31 Thursday, October 9 Distribute initial draft of financing documents UNC; BC Wednesday, Octol~r 15 Conference call or meeting to review Limited Offering Memorandum, Bond Resolution, and Trust Indenture WG Friday, October 24 Distribute draft of Limited Offering Memorandmn UNC Friday, Oc~oer 31 Submit final comments to alllhors of flnant~g do~umellts WG Thumday, Noveml~-r 6 Dis~ibute finan~ng documents to City Council ami NPIDC Board CC Tuesday, November 11 NPIDC adopLq bond financing documents authorizing Parameter Sale. City Council authofiz~ sale of Bonds by NPIDC. NPIDC Wednesday, November 12 Print and distribute Limited Offering Memorandum to prospective investors lINC Monday, November 24 Wednesday, December 17 Thursday, December 18 Financing Members: CC - City of Corpus Christi BC - Bond Counsel WG - Working Croup Sign Bond Purchase Agreement Closing FA - Financial Advisor NPIDC - No. Padre Is. Dev. Corp. UN WG WG UN-Underwriter UNC - Undea~wdt~'s Counsel 22 CITY COUNCIL AGENDA MEMORANDUM November I 1, 2003 AGENDA ITEM: Resolution approving the resolution by the North Padre Island Development Corporation authori~ng the issuance of Series 2003A Bonds in an aggregate principal amount not to exceed $2,500,000. ISSUE: In November 2000, the City Council approved an ordinance creating the Reinvestment Zone # 2 in connection with development of a channel and other facilities in the Packery Channel area. After a petition, the Council submitted the ordinance to the voters in April 2001, and the voters approved the ordinance. In December 2002, the North Padre Island Development Corporation passed a resolution for the issuance of bonds, Series 2002, in an aggregate principal amount not to exceed $3,000,000. Subsequently in April 2003, $2,500,000 Tax Increment Revenue Bonds, Series 2003 were issued. A second issue of bonds in the amount of $2,500,000 is needed in fiscal year 2004 for the second installment to cover project costs. REQUIRED COUNCIL ACTION: Approval of the resolution is required. PREVIOUS COUNCIL ACTION: On October I, 2002, City Council approved the formation of the North Padre Island Development Corporation and approved its articles of incorporation. On December 17, 2002, City Council approved a resolution to issue North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2002, in an aggregate principal amount not to exceed $3,000,000; approving a trust indenture and other contract documents relating to the bonds; and containing other provisions related thereto. The first series of bonds (Series 2003 Bonds) were subsequently issued in April 2003 in an amount of $2,500,000. Bonds to thnd the Packery Channel project will be payable solely from the tax increment from the fund and not from other city revenues. RECOMMENDATION: City Staff recommends the approval of the Resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2003A Bonds in an aggregate pfindpal amount not to exceed $2,500,000. Constance P. Sanchez Acting Director of Financial Services Attachments: Background Information Captured Value Forecasts and Levy BACKGROUND INFORMATION North Padre Island Development Corporation, a not-for-profit local government corporation, was established by the City of Corpus Christi ("the City") under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain project costs in coimection with Reinvestment Zone Number Two, City of Corpus Christi, Texas. It is governed by a Board of Directors, whose members are appointed by the City Council. In November 2000, the Reinvestment Zone #2 was created by the City Council, pursuant the provisions of the Tax Increment Financing Act ("TIF Act"), Chapter 311, Texas Tax Code to facilitate development of a channel and other facilities in the Packery Channel area. After a petition, the City Council submitted the ordinance to the voters in April 2001, which the voters approved. The Zone became effective on November 14, 2000, and will terminate on December 31,2022, or at an earlier time designated by subsequent ordinance of the City, or at an earlier time that all zone project costs, tax increment bonds and the interest on all tax increment bonds, have been paid in full. As required under the TIF Act, the Zone Board prepared, and the City Council approved, a Project Plan and Reinvestment Zone Financing Plan (the "Plan") on February 25, 2003. The Plan includes information concerning proposed land uses and development, estimated project and non-project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. Of the total $29,728,913 projected cost of the Project, the City as Project sponsor has agreed to pay 35% of the total projected cost (or approximately $10,405,120). The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project Costs. From the onset, it was stated that bonds to fund the project would be payable solely from the tax increment from the fired and not from other city revenues, and that the transaction would be designed to completely insulate general city revenues from liability on the bonds. In December 2002, the North Padre Island Development Corporation passed a resolution for the issuance of bonds, Series 2002, in an aggregate principal amount not to exceed $3,000,000. Subsequently in April 2003, Tax Increment Revenue Bonds, Series 2003 in the amount of $2,500,000 were issued. This was the first installment of bonds issued for the purposes mentioned above. A second issue of bonds in the amount of $2,500,000 is needed in fiscal year 2004 for the second installment. Proceeds of the Series 2003A Bonds will be used to (i) pay a portion of the Zone Project Costs, and (ii) pay the costs of issuing the Series 2003A Bonds. Relnveshneat Zone Number Two CRy o7 Corpus Chrlsd, Taxes Packery Chennal Captured Value Forecasts & Lely CRy County s Tool FYE W TaxaNe Captured Vieux Not Taxable CWumd Nal Twat Capture! View Not Taxable Captured RNMM ON a"r AMOD" 7181 Tax Year Vieux Real Property View Growth Vatw Oroelh levy View Ran Properly View Growth Value Orowth TIF Levy CRY EnROaa INN use, Percent Tax ROO 2000 82,660798 85,811.09 (a) 2002 2001 92,068,186 10,905,193 157,842 98,514,000 12,643,000 - $ 183,000 0.09175 0.58348 0.2199 100% 1."7665 2003 2002 101,286,808 20,531,573 9.91% 68.27% 301,227 107,589,000 21,718,000 9.21% 71.16% 314,000 0.8"175 0.58918 0.2198 100% 1.417466 2004 2003 111,377,838 31267 834 999% W.2096 487 443 118 803 000 32,932,000 1042% 51.3% 477 000 08"176 0.819409 0.236881 10096 1.493245 2006 2004 131,379,000 46,608,000 10.69% 38.19% 689,000 0.644176 0.813409 0.236881 100% 1.493246 2008 2006 146,524,000 59,853,000 10.71% 31.06% 864,000 0.644176 0.813409 0.236881 100% 1.493245 2007 2008 161,483,000 75,612,000 10.97% 26.75% 1,061,000 0.6"176 0.613409 0.236881 80% 1.440113 2008 2007 179,548,000 93,876,000 11.19% 23.89% 1,274,000 0.8"176 0.613409 0.236881 80% 1.398981 2009 2008 184,932,000 99,061,000 3.00% 5.76% 1,303,000 O.W175 0.613409 0.236861 40% 1.36109 2010 2009 190,480,000 104,809,000 3.00% 5.60% 1,330,000 0.544175 0.613409 0.235881 20% 1.304716 2011 2010 196,194,000 110,320,009 3.00% 6.46% 1,354,000 0.94175 0.613409 - 1.257684 0412 2011 202,090,000 116,209,000 3.OD% S.04% 1,427,000 0.64175 0.813499 1.257584 2013 2012 208,14,000 122,272,000 3.00% 5.22% 1,501,000 0.64175 0.813409 1.257584 2014 M13 214,387,000 128,6/6,00) 3.0096 5.11% 1,678,000 0.64176 0.613409 1.257654 2016 2011 220,819,000 134,84,000 3001A 5.00% 1,867,000 0.64176 0.813409 1.25/604 M16 M15 227,W,OM 141,572,000 3.W% 4.91% 1,738,000 0.64175 0813409 1.267804 2017 2016 234,286,000 148,396,000 3.00% 4.62% 1,822,000 0.W175 0.613409 1.WMI 2018 M17 241,294,000 155,423,000 3.096 4.74% 1,906,000 0.6"175 0.613409 1.25709 2019 2018 248,533,000 1a2,a82,090 3.00% 4.86% 1,097,000 0.8"176 0.613409 1.267584 2010 M19 256,989.000 170,118,000 3.00% 4.68% 2,0861,000 0.09175 0.613409 1]67564 2021 2020 263,809,000 177,798,000 3.00% 4.51% 2,183,000 0.09175 0.613409 1.25709 2022 2021 271,579,000 185,706,000 3.00% Ce5% 2,280090 0.6"175 0.813109 1.25709 2023 2022 279,728,000 193,aw,000 3.00% 4.39% 2,380,000 0.8"175 0.613409 1.25709 (a) ERA Vecas%were derived from a base value of $85.871 million. Actual net taxable base value was $82.850 million. Ce 1�11n/A03 RESOLUTION APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION WHEREAS, North Padre Island Development Corporation (the "Corporation") was created under the auspices of the City of Corpus Christi, Texas (the "City"); and WHEREAS, the Corporation was created in part for the purpose of assisting the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone") in implementing the "Project and Financing Plan" with respect to the economic development of property within the Zone; and WHEREAS, the Corporationby msolutionadopted ,2003 authorizedthe issuance of the hereinafter described bonds for the purposes described in said resolution; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The resolution (the "Resolution") adopted by the Corporation, in substantially the form and substance as attached to this Resolutionand made a part hereof for all purposes, is hereby approved, and tax increment contract revenue bonds in a principalamount not to exceed $2,500,000 (the "Bonds"), may be issued for the purpose of providing all or a portion of the cost of the project as specified in the Resolution (the "Project"); and said Resolution, Bonds and Project are hereby approved. Section 2. This Resolution shall be effective immediately from and after its passage. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATR1CIO CITY OF CORPUS CHRISTI We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE __ DAY OF ,2003, at the City Hail, and the mil was called o fthe duly constituted officers and members of said City Council, to-wit: Samuel L. Neal, Jr. Brent Chesney, Javier D. Colmenero, Hemy Garrett, Bill Kelly, Rex Kinnison, Melody Cooper, Jesse Noyola, Mark Scott George K. Noe, Jay Reining, Constance Sanchez, Armando Chapa, Mayor Councilmembers City Manager, Acting City Attorney, Acting Director of Financial Services, City Secretary and all of said persons were present, except the following absentees: ., thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION was duly introduced for the consideration of said City Council and read ha full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carded by the following vote: AYES: NOES: 2. That a true, full and correct copyofthe aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows tlais Certificate; that said Resolution has been duly recorded ha said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each o fthe officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED the __ day of ,2003. City Secretary SEAL RESOLUTION AUTHORIZING THE ISSUANCE OF NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE BONDS, SERIES 2003A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,500,000; APPROVING A BOND PURCHASE AGREEMENT AND OTHER CONTRACT DOCUMENTS RELATING TO THE SERIES 2003A BONDS; AND CONTAINING OTHER PROVISIONS RELATED THERETO BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION: ARTICLE I RECITALS WHEREAS, by Ordinance No. 024270, adopted on November 14, 2000 (the "Creation Ordinance"), the City of Corpus Christi, Texas (the "City"), created a tax increment reinvestment zone known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" ("TIRZ Two"), pursuant to the provisions of Chapter 311, Texas Tax Code, and approved a preliminaW reinvestment zone financing plan for TIRZ Two; and WHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the creation of the North Padre Island Development Corporation (the "Corporation") to aid, assist and act on behalf of the City in the performance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City, as described in the Creation Ordinance; and WHEREAS, on February 25, 2003, the Corporation adopted a "RESOLUTION AUTHORIZING THE ISSUANCE OF NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE BONDS, SERIES 2003, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3 MILLION; APPROVING AN INDENTURE OF TRUST AND OTHER CONTRACT DOCUMENTS RELATING TO THE BONDS; AND CONTAINING OTHER PROVISIONS RELATED THERETO (the "Bond Resolution"); and WHEREAS, pursuant to the terms of the Bond Resolution, the Corporation approved that certain Indenture of Trust by and between the Corporation and JPMorgan Chase Bank dated as of February I, 2003 (the "Indenture"), pursuant to which the Corporation set forth the terms and conditions by which it could issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Indenture to fund Project Costs for the benefit of TIRZ Two, established various Funds and Accounts for the benefit of the owners o fsuch bonds, notes or other obligations, and assigned and pledged to the Trustee such Funds and Accounts for the benefit of such owners; and WHEREAS, pursuant to the terms of the Bond Resolution, the Corporation approved that certain Tri-Party Agreement by and between the City, TIRZ Two, and the Corporation dated as of February 1, 2003 (the "Tri-Party Agreement"), pursuant to which the Corporation was delegated the power and authority to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tri-Party Agreement; and WHEREAS, on February 25, 2003, the City approved the terms of the Bond Resolution, the sale of bonds in an amount not to exceed $3,000,000, and approved the Indenture and the Tri-Party Agreement; and WHEREAS, pursuant to the terms ofthe Bond Resolution and the Indenture, on April 30, 2003, the Corporation issued and delivered its North Padre Island Development Corporation Tax Increment ContractRevenue Bonds, Series 2003, issued in the aggregate principalamount of $2,500,000 (the "Series 2003 Bonds"); and WHEREAS, the Corporation reserved the right ha the Indenture to issue "AdditionalParity Bonds" (as defined in the Indenture) on a parity with the Series 2003 Bonds; and WHEREAS, the bonds hereinafter authorized are the second series of bonds to be issued under the terms of the Indenture, shall constitute "Additional Parity Bonds", and the aggregate principal amount of the Series 2003 Bonds and the bonds hereinafter authorized does not exceed $12,000,000; and and WHEREAS, the City is not located in a county with a population of 2.1 millionor more residents; WHEREAS, as permitted by Chapter 431, Texas Transportation Code, as amended, the Corporation desires to issue bonds hereinafter authorized upon the terms and conditions and for the purposes herein provided. ARTICLE II DEFINITIONS AND INTERPRETATIONS Section 2.1: Definitions. In this Resolution, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined herein shall have the meanings assigned to such terms in the Indenture: The term "Audit" shall mean the audited annual financial statements of the Corporation prepared by an independent auditor. The term "Authorized Denominations" shall mean $100,000 or any integral multiple of $5,000 in excess of $100,000. The term "Authorized Representative" shall mean the President or any Vice President of the Corporation, the Executive Director of the Corporation, or any other person designated by the Board of Directors of the Corporation to act in such capacity. -2- The term "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas. The term"Designated Trust Office" shall mean the designated corporate trust office ofthe Registrar, which, as of the date of adoption of this Resolution, is located in Dallas, Texas. The term "Indenture" shall meanthe Indenture of Tmst dated as of February 1, 2003 between the Corporation and JPMorgan Chase Bank, and its successors in that capacity. The term "Issuance Date" shall mean the date on whichthe Series 2003 A Bonds are authenticated by the Registrar and delivered to and paid for by the Underwriter. The term "MSRB" means the Municipal Securities Rulemaking Board. The term "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repositmy within the meaning of the Rule from time to time. The term "Paying Agent" shall mean the Registrar. The term "Project" shall mean the improvements described k~ the Project and Financing Planto be financed with the proceeds of the Series 2003A Bonds. The term "Purchase Contract" shall mean the Bond Purchase Agreemem between the Corporation and the Underwriter, executed under authority of this Resolution. The term "Record Date" shall mean, for any Interest Payment Date, the last Business Day of the month next preceding each Interest Payment Date. The term "Registrar" shall mean JPMorgan Chase Bank, and its successors in that capacity. The term "Resolution" or "Bond Resolution" shall mean this resolution, and all amendments hereof and supplements hereto. The term "Rule" means SEC Rule 15c2-12, as amended from time to time. The term "SEC" means the United States Securities and Exchange Commission. The term "Series 2003 Bonds" shall mean the Corporation's Tax Increment Contract Revenue Bonds, Series 2003, originally issued in the aggregate principal amount of $2,500,000. -3- The term "Series 2003A Bonds" or "Bonds" shall mean the Corporation's Tax Increment Contract Revenue Bonds, Series 2003A, authorized by this Resolution. The term"SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. The term "Underwriter" shall mean M.E. Allison & Co., Inc. Section 2.2: Interpretations. All terms defined herein and all pronouns used in this Resolution shall be deemed to apply equally to singular and pluraland to all genders. The titles and headings of the articles and sections of this Resolution 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. This Resolution and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Parity Bonds and the validity of the lien on and pledge of the Pledged Revenues to secure the payment of the Parity Bonds. ARTICLE III TERMS OF THE BONDS Section 3.1: Maximum Amount. Purpose. Authorization. The Series 2003A Bonds shall be issued in fully registered form, without coupons, in the aggregate principalamount not to exceed $2,500,000 for the purpose of (1) paying Project Costs and (2) paying Costs of Issuance, all under and pursuant to the authority of the Act and all other applicable law. None of the proceeds of the Series 2003A Bonds shall be used for the purpose of paying or otherwise providing for educational facilities. Section3.2: Sale of the Series 2003A Bonds. The Authorized Representative is hereby authorized to act for and on behalf of the Corporation in connection with the issuance and sale of the Series 2003A Bonds. In that capacity, the Authorized Representative, acting for and onbehalfofthe Corporation, shall determine the date for issuance and sale ofthe Series 2003A Bonds and shall approve, execute and deliver the Purchase Contract with the Underwriter. Interest on the Series 2003A Bonds shall be payable onthe date or dates described inthe Purchase Contract (the "Interest Payment Dates"). The Series 2003A Bonds shall bear interest at the fixed rate or rates per annum calculated on the basis of a 360-day year of twelve 30-day months, as set forth in the Purchase Contract. There shall be set forth in the Purchase Contract the principal amount of the Series 2003A Bonds to be sold (in no event, however, to exceed the maximum principal amount authorized in Section 3.1 hereof), the price at which the Series 2003A Bonds shall be sold, the principal amortization schedule for the Series 2003A Bonds (including, without limitation, the maturity date or dates for the Series 2003A Bonds (the "Principal Installment Payment Dates") and the designation of any of the maturities of the Series 2003A Bonds as term bonds and any sinking fund -4- payments to be deposited to the credit of the Debt Service Fund relating to any term bond so designated), the redemption features of the Series 2003A Bonds, the rate or rates of interest to be bome by the Series 2003A Bonds, the dated date of the Series 2003A Bonds (the "Dated Date"), and other matters relating to the issuance, sale and delivery ofthe Series 2003A Bonds, including, without limitation, the designation givento the Series 2003A Bonds and the obtaining ofinsurance or other forms of credit enhancement with respect to the Series 2003A Bonds; provided, that the Purchase Contract must provide for the Series 2003A Bonds to be sold onterms that produce (i) interest rate or rates for the Series 2003A Bonds in a multiple of 1/8 of 1% or 1/20 of 1% or 1/100 of 1%, (ii) a "net effective interest rate" not in excess of 10.00%, (iii) a final maturity date of the Series 2003A Bonds that shall not extend beyond December 15, 2022, and (iv) interest rates such that the highest interest rate on any Series 2003A Bond does not exceed the lowest interest rate on such Series 2003A Bonds by more than 4.00%. The Authorized Representative's approval of the Purchase Contract shall be conclusively evidenced by the execution thereof. Section 3.3: Execution of Series 2003A Bonds. The Series 2003A Bonds shall be signed on behalf of the Corporation by an Authorized Representative and countersigned by the Secretary by their manual, lithographed, or facsimile signatures. Such facsimile signatures on the Series 2003A Bonds shall have the same effect as if each of the Series 2003A Bonds had been signed manually and in person by each of said officers. If any officer of the Corporation whose manual or facsimile signature shall appear on the Series 2003A Bonds shall cease to be suchofficer before the authenticationof such Series 2003A Bonds or before the delivery of such Series 2003A Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. Section 3.4: Approval By Attorney General: Registration by Comntroller. The Series 2003A Bonds to be initially issued shall be delivered to the Attorney General of Texas for examination and approval and shall be registered by the Comptroller. The manually executed registrationcertificate of the Comptroller substantially in the form provided in Exhibit A to this Resolution shall be affixed or attached to the Series 2003A Bonds to be initially issued and delivered to the Underwriter. Section 3.5: Authenticatiott Except for the Series 2003A Bonds to be initially issued, which need not be authenticated by an authorized representative of the Registrar, only such Series 2003A Bonds as shall bear thereon a certificate of authentication substantialy in the form provided in Exhibit A to this Resolution, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Resolution or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Series 2003A Bond so authenticated was delivered by the Registrar hereunder. The Registrar, when it authenticates a Series 2003A Bond, shall cause the Dated Date to be stamped, typed or imprinted on such Series 2003A Bond. Series 2003A Bonds issued on transfer of or in exchange for other Series 2003A Bonds shall bear the same Dated Date as the Series 2003A Bond or Series 2003A Bonds presented for transfer or exchange. -5- Section3.6. Payment of Principaland Interest. The Registrar is hereby appointed as the registrar and paying agent for the Series 2003A Bonds. The principal of the Series 2003A Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable, whether at maturity or by prior redemption, at the Designated Trust Office. The interest on each Series 2003A Bond shall be payable by check payable on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register, or by such other method, acceptable to the Registrar, requested by and at the risk and expense of the Owner. If the date for the payment of principal or interest on any Series 2003A Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date such payment was due. Section 3.7. Successor Registrars. The Corporation covenants that at all times while any Series 2003A Bonds are Outstanding it will provide a commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to act as Registrar for the Series 2003A Bonds. The Corporation reserves the right to change the Registrar for the Series 2003A Bonds on not less than sixty (60) days written notice to the Registrar, so long as any such notice is effective not less than sixty (60) days prior to the next succeeding Principal Installment Payment Date or Interest Payment Date on the Series 2003A Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or a copy thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. Section 3.8. Special Record Date. If interest on any Series 2003A Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment ofsuch interest, to be knownas a "SpecialRecord Date." The Registrar shall establish a SpecialRecord Date when funds to make such interest payment are received from or on behalf of the Corporation. Such SpecialRecord Date shallbe fi~een(15) days prior to the date fixed for payment of such past due interest, and notice of the date ofpayment and the SpecialRecord Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each Owner or record of an affected Series 2003A Bond as of the close of business on the day prior to the mailing of such notice. Section3.9. Ownership: Unclaimed Principaland Interest. Subjecttothe furtherprovisionsofthis Section, the Corporation, the Registrar and any other person may treat the person in whose name any Series 2003A Bond is registered as the absolute Owner of such Series 2003A Bond for the purpose of making and receiving payment of the principal of or interest on such Series 2003A Bond, and for all other purposes, whether or not such Series 2003A Bond is overdue, and neither the Corporation nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person -6- deemed to be the Owner of any Series 2003A Bond in accordance with this Section 3.9 shall be valid and effeclaaland shall discharge the liability of the Corporation and the Registrar uponsuchSeries 2003A Bond to the extent of the sums paid. Amounts held by the Registrar which represent principalofand interest onthe Series 2003A Bonds remaining unclaimed by the Owner after the expiration of three (3) years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 ofthe Texas Property Code, as amended. Section 3.10. Registration. Transfer. and Exchange. So long as any Series 2003A Bonds remain Outstanding, the Registrar shall keep the Register at the Designated Trust Office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Series 2003A Bonds in accordance with the terms of this Resolution. Each Series 2003A Bond shall be transferable only upon the presentation and surrender thereof at the Designated Trust Office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the Registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Series 2003A Bond in proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3) Business Days after such presentation, a new Series 2003A Bond or Series 2003A Bonds, registered ha the name of the transferee or transferees, in Authorized Denominations and of the same maturity, aggregate principal amount, and Dated Date, and bearing interest at the same rate as the Series 2003A Bond or Series 2003A Bonds so presented. Anything to the contrary herein notwithstanding, no Series 2003A Bond shall be issued in a denomination of less than $100,000. All Series 2003A Bonds shall be exchangeable upon presentation and surrender thereof at the Designated Trust Office of the Registrar for a Series 2003A Bond or Series 2003A Bonds of the same maturity, Dated Date, and interest rote and in any Authorized Denomination, in an aggregate amount equal to the unpaid principalamount of the Series 2003A Bond or Series 2003A Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Series 2003A Bonds in accordance with the provisions of this Section 3.10. Each Series 2003A Bond delivered in accordance with this Section 3.10 shall be entitled to the benefits and security of this Resolution to the same extent as the Series 2003A Bond or Series 2003A Bonds in lieu of which such Series 2003A Bond is delivered. The Corporation or the Registrar may require the Owner of any Series 2003A Bond to pay a sum sufficient to cover any tax o r other govemmentalcharge that may be imposed ha connection with the transfer or exchange of such Series 2003A Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the Corporation. The Registrar shall not be required to transfer or exchange any Series 2003A Bond during the period beginning on a Record Date or a Special Record Date and ending on the next succeeding Interest Payment Date orto transfer or exchange any Series 2003A Bond called for redemption during the period -7- beginning thirty days prior to the date fixed for redemption and ending on the date fixed for redemption; provided, however, that this limitation shall not apply to the exchange by the Owner of the unredeemed portion of a Series 2003A Bond called for redemption in part. Section 3.11. Cancellation of Series 2003A Bonds. All Series 2003A Bonds paid or redeemed in accordance with this Resolution, and all Series 2003A Bonds in lieu of which exchange Series 2003A Bonds or replacement Series 2003A Bonds are authenticated and delivered h~ accordance herewith, shall be canceled and thereafter treated in accordance with the Registrar's document retention policies. Section 3.12. Mutilated. Lost. or Stolen Series 2003A Bonds. Upon the presentation and surrender to the Registrar of a mutilated Series 2003A Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Series 2003A Bond of like maturity, Dated Date, interest rate and principalamount, bearing a number not contemporaneously Outstanding. The Corporation or the Registrar may require the Owner of such Series 2003A Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. If any Series 2003A Bond is lost, apparently destroyed, or wrongfully taken, the Corporation, pursuant to the applicable laws of the State of Texas and in the absence ofnotice or knowledge that such Series 2003A Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Series 2003A Bond of like maturity, Dated Date, interest rate and principalamount, bearing a number not contemporaneously Outstanding, provided that the Owner thereof shall have: (l) furnished to the Registrar satisfactory evidence of the ownership of and the circumstances of the toss, destruction or theft of such Series 2003A Bond; (2) furnished such security or indemnity as may be required by the Registrar to save it and the Corporation harmless; (3) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) met any other reasonable requirements of the Corporation and the Registrar. If, after the delivery of such replacement Series 2003A Bond, a bona fide purchaser of the original Series 2003A Bond in lieu of which such replacement Series 2003A Bond was issued presents for payment such original Series 2003A Bond, the Corporation and the Registrar shall be entitled to recover such replacement Series 2003A Bond fromthe personto whomit was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided -8- therefor to the extent of any loss, damage, cost or expense incurred by the Corporation or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Series 2003A Bond has become or is about to become due and payable, the Corporation in its discretion may, instead of issuing a replacement Series 2003A Bond, authorize the Registrar to pay such Series 2003A Bond. Each replacement Series 2003A Bond delivered in accordance with this Section 3.12 shall be entitled to the benefits and security of this Resolution to the same extent as the Series 2003A Bond or Series 2003A Bonds in lieu of which such replacement Series 2003A Bond is delivered. Section 3.13: Redemption. The Series 2003A Bonds are subject to redemption under the conditions, on the dates, and for the redemption prices set forth in the Purchase Contract. If less than all of the Series 2003A Bonds are to be redeemed, the Corporation shall determine the particular Series 2003A Bonds or portions thereof to be redeemed. Principalamounts maybe redeemed only in integralmultiples of $5,000. If a Series 2003A Bond subject to redemption is in a denomination larger than $100,000, a portion of such Series 2003A Bond may be redeemed, hut only in integral multiples of $5,000 and so long as the unredeemed portion of any Series 2003A Bonds so redeemed in part is not less than$100,000. Upon surrender of any Series 2003A Bond for redemption in part, the Registrar, in accordance with Section 3.10 hereof, shall authenticate and deliver in exchange therefor a Series 2003A Bond or Series 2003A Bonds of like maturity, Dated Date, and interest rote in an aggregate principal amount equal to the unredeemed portion of the Series 2003A Bond so surrendered. Unless waived by the Owner, notice of any redemption identifying the Series 2003A Bonds to be redeemed in whole or in part shall be given by the Registrar at least thirty days prior to the date fixed for redemption by sending written notice by fast class mail, postage prepaid, to the Owner of each Series 2003A Bond to be redeemed in whole or in part atthe address shownon the Register. Such notices shall state the redemption date, the redemption price, the place at which Series 2003A Bonds are to be surrendered for payment and, if less than all Series 2003A Bonds Outstanding of a particular maturity are to be redeemed, the numbers of the Series 2003A Bonds or portions thereof of such maturity to be redeemed. Any notice given as provided in this Section 3.13 shall be conclusively presumed to have been duly given, whether or notthe Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Series 2003A Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption. When Series 2003A Bonds have been called for redemption in whole or in part and due provision has been made to redeem the same as herein provided, the Series 2003A Bonds or portions thereof so redeemed shall no longer be regarded as Outstanding except for thc purpose of receiving payment solely from the funds so provided for redemption, and the rights of the Owners to collect interest which would otherwise accrue -9- after the redemption date on any Series 2003A Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. Should ownership of the Series 2003A Bonds be established in accordance with the book-entry- only system of The Depository Trust Company ("DTC"), the Paying Agent for the Series 2003A Bonds shall notify DTC that in the exercise by DTC of the selection of Series 2003A Bonds for redemption, the Series 2003A Bonds shall be so selected by DTC in such a manner that no beneficial owner of Series 2003A Bonds shall own less than $100,000 in principal amount of any Series 2003A Bonds of any one maturity. Section 3.14: Limited Obligations. THE SERIES 2003A BONDS ARE A LIMITED OBLIGATION OF THE CORPORATION, PAYABLE SOLELY, TOGETHER WITH THE CURRENTLY OUTSTANDING PARITY BONDS, OUT OF THE TRUST ESTATE, WHICH IS THE SOLE ASSET OF THE CORPORATION PLEDGED THEREFOR. THE SERIES 2003A BONDS ARE OBLIGATIONS SOLELY OF THE CORPORATION AND DO NOT CONSTITUTE, WITHIN THE MEANING OF ANY STATUTORY OR CONSTITUTIONAL PROVISION, AN INDEBTEDNESS, AN OBLIGATION OR A LOAN OF CREDIT OF THE CITY OF CORPUS CHRISTI, THE STATE O F TEXAS, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT, REINVESTMENT ZONE NUMBER TWO, CITY O F CORPUS CHRISTI, TEXAS, OR ANY OTHER MUNICIPALITY, COUNTY, OR OTHER MUNICIPAL OR POLITICAL CORPORATION OR SUBDIVISION OF THE STATE OF TEXAS. NEITHER THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT NOR REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS ARE OBLIGATED TO MAKE PAYMENTS ON THE SERIES 2003A BONDS OR THE OUTSTANDING PARITY BONDS. ARTICLE IV FORM OF SERIES 2003A BONDS AND CERTIFICATES Section 4.1: Forms. The form of the Series 2003A Bonds, including the form of the Registmr's anthenticationcertificate, the form of assignment, and the form of the Comptroller's Registration Certificate for the Series 2003A Bonds to be initially issued, shall be in substantially the form as set forth in Exhibit A to this Resolution. Section 4.2: Legal Opinion; Cusip Numbers: Bond Insurance. The approving opinion of Bond Counsel and CUSIP Numbers may be printed on the Series 2003A Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Series 2003A Bonds. If bond insurance is obtained by the Underwriter, the Series 2003A Bonds maybear anappropriate legend as provided by the insurer. -10- ARTICLE V ADDITIONAL BONDS Section 5.1: Additional Parity Bonds. The Corporation reserves the right to issue, for any lawful purpose (including the refunding of any previously issued Parity Bonds), one or more series of Additional Parity Bonds payable from and secured by a first lien on the Pledged Revenues, on a parity with the Series 2003 Bonds and the Series 2003A Bonds; provided, however, that AdditionalParity Bonds maybe issued only in accordance with the provisions of Article III of the Indenture. Section 5.2: Subordinate Lien Obligations. The Corporation reserves the fight to issue, for any lawful purpose, Subordinate Lien Obligations secured ha whole or ha part by liens on the Pledged Revenues that are junior and subordinate to the lien on Pledged Revenues securing payment of the Parity Bonds. Such Subordinate Lien Obligations may be further secured by any other source of payment lawfully available for such purposes. Section 5.3: Reserve Fund. No Reserve Fund has been established for the benefit of the Series 2003A Bonds. The Corporation reserves the right to establisha Reserve Fund for the benefit of the Series 2003 Bonds, the Series 2003A Bonds or any Additional Parity Bonds. Section 5.4: Representations regarding Series 2003A Bonds Issued as Additional Parity Bonds. The Corporation hereby represents that: (a) The Series 2003A Bonds mature on, and interest is payable on, the Principal Installment Payment Dates and Interest Payment Dates, respectively; and (b) The Corporation is not ha material default with the terms of the Indenture, any Bond Resolution, the Tri-Party Agreement or any other agreement to which it is a party. The Corporation further represents that upon the issuance of the Series 2003A Bonds, the aggregate principal amount of Parity Obligations issued by the Corporation to fund Project Costs is less than $12,000,000, and therefore the Corporation is not required to satisfy the requirements of subsections (c) or (d) of Section 32 of the Indenture with respect to the issuance of the Series 2003A Bonds. ARTICLE VI GENERALCOVENANTS Section 6.1: Punctual Payment of Parity Bonds. The Corporation will punctually pay or cause to be paid the interest on and principalofall Parity Bonds according to the terms thereof and will faithfully do -11- and perform, and at all times fully observe, any and all covenants, undertakings, stipulations and provisions contained in this Resolution and in any resolution authorizing the issuance of Additional Parity Bonds. Section 6.2: Maintenance of TIRZ Two. So long as any Parity Bonds remain Outstanding, the Corporation covenants that it will, within the limits of its authority, comply with all contractual provisions and agreements entered into by it and with all valid roles, regulations, directions or orders of any governmental, administrative, or judicial body promulgating same, noncompliance with which would materially and adversely affect the operation of TIRZ Two. Section 6.3: Accounts. Records. and Audits. So long as any Parity Bonds remain Outstanding, the Corporation covenants and agrees that it will maintain a proper and complete system of records and accounts pertaining to the operation of TIRZ Two and the Corporation in which full, true and proper entries will be made of all dealings, transactions, business and affairs which in any way affect orpertain to TIRZ Two, the Corporation or the Pledged Revenues. The Corporation shall after the close of each Fiscal Year cause an Audit to be prepared by an independent certified public accountant or independent firm of certified public accountants. All expenses incurred in preparing Audits shall be maintenance and operation expenses. Section 6.4: Pledge and Encumbrance of Pledged Revenues. (a) The Corporation covenants and represents that it has the lawful power to create a lien on and to pledge the Pledged Revenues to secure the payment of the Parity Bonds and has lawfully exemised such power under the Constitution and laws of the State of Texas. The Corporation further covenants and represents that, other than to the payment of the Parity Bonds, the Pledged Revenues are not and will not be made subject to any other lien pledge or encumbrance to secure the payment of any debt or obligation of the Corporation, unless such lien, pledge or encumbrance is junior and subordinate to the lien and pledge secutrmg payment of the Parity Bonds. (b) The provisions of subsection (a) of this Section 6.4 notwithstanding, the lien on, pledge of, and rights in and to the Pledged Tax Increments established, made, and granted in the Indenture and pursuant to subsection (a) o fthis Section 6.4 shall constitute a first and senior lien thereon, subject only to the rights, if any, of the holders of bonds or other obligations that have been heretofore or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of the Participant. (c) Each of the Participants has agreed to contribute its Contract Tax Increment to the Tax Increment Fund, in accordance with the Act and its Participant Contract, and that each of the Participants, other thanthe District, has agreed to contribute and is currently contributing as its Contract Tax Increment 100% of its Tax Increment. Each of the Participants, other than the District, has agreed to contribute its Contract Tax Increment to the Fund for the term of the Zone, which is scheduled to expire on December 31, 2022. In the District Agreement, the District has agreed to contribute 100% of its Contract Tax Increment to the Fund in the first five years of the District Agreement, 80% of its Contract Tax Increment to the Fund in the sixth year of the District Agreement, 60% of its Contract Tax Increment to the Fund in -12- the seventh year of the District Agreement, 40% of its Contract Tax Increment to the Fund in the eighth year of the District Agreement, 20% of its Contract Tax Increment to the Fund in the ninth year of the District Agreement, with such obligation of the District ending after the ninth year of the District Agreement. The Corporation will use reasonable efforts to cause the Participants to levy and annually assess and collect ad valorem taxes at such rates and mounts as may be necessary and required to pay in full and on a timely basis all debt service requirements on each Participant's respective outstanding bonds or other obligations that are payable in whole or in part from and secured by a generallevy of ad valorem taxes throughout such Participant without resort to the use of any portion of the Contract Tax Increment derived from the tax collections of such Participants for such purpose, and to cause the portion of such taxes representing Contract Tax Increments to be paid to the Tax Increment Fund. Section 6.5: Owners' Remedies. This Resolution shall constitute a contract between the Corporation and the Owners of the Parity Bonds from time to time Outstanding and this Resolution shall be and remain irrepealable until the Parity Bonds and the interest thereon shall be fully paid or discharged or provision therefor shall have been made as provided herein. In the event of a default in the payment of the principal of or interest on any of the Parity Bonds or a default in the performance of any duty or covenant provided by law or in this Resolution, the Owner or Owners of any of the Parity Bonds may pursue all legal remedies afforded by the Constitution and laws of the State of Texas to compel the Corporation 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 of the Parity Bonds may at law or in equity, by suit, action, mandamus, or other proceedings, enforce and compel performance of all duties required to be performed by the Corporation under this Resolution, the deposit of the Pledged Revenues into the special funds heroin provided, and the application of such Pledged Revenues in the manner required in this Resolution. The foregoing notwithstanding, accelerationofthe Parity Bonds is not an available remedy. The sole source ofthe Corporation available for the payment of debt service on the Bonds is and shall be the Pledged Revenues. .Section6.6: Discharge by Deposit. The Corporation may discharge its obligation to the Owners of any or all of the Parity Bonds to pay principal, interest and redemption premium (if any) thereon in any manner then permitted by law, including, but not limited to, by depositing with any paying agent for such Parity Bonds either: (i) cash in an amount equal to the principal amount and redemption premium, if any, of such Parity Bonds plus interest thereon to the date of maturity or redemption, or (ii) pursuant to an escrow or trust agreement, cash and/or direct noncallable, nonprepayable obligations of the United States of America, in principal amounts and maturities and bearing interest at rates sufficient to provide for the timely payment of the principal amount and redemption premium, if any, of such Parity Bonds plus interest thereon to the date of maturity or redemption; provided, however, that if any of such Parity Bonds are to be redeemed prior to their respective dates of maturity, provision shall have been made for giving notice ofredemption as provided in the resolution authorizing suchParity Bonds. Upon such deposit, such Parity Bonds shall no longer be regarded to be Outstanding or unpaid. -13- Section 6.7: Registrar and Trustee May Own Parity Bonds. The Registrar and Trustee for the Parity Bonds, in their individual or any other capacity, may become holders or pledges of the Parity Bonds with the same rights they would have if they were not the Registrar or Trustee. Section 6.8: No Recourse Against Corporation Officials. No recourse shall be had for the payment ofprincipalof or interest on any Parity Bonds or for any claim based thereon or on this Resolution against any officialofthe Corporationor any person executing any Parity Bonds. No member of the Board of Directors of the Corporation or any officer, agent, employee or representative of the Corporation in his individual capacity, nor the officers, agents, employees or representatives of the Corporation nor any person executing the Series 2003A Bonds shall be personally liable thereon or be subject to any personal liability or accountability by reason of the issuance thereof, whether by virtue of any constitution, statute or role of law, or by the enfomement of any assessment or penalty, or otherwise, all such liability being expressly released and waived as a conditionofand in consideration for the adoption of this Resolutionand the issuance of the Series 2003A Bonds. Section 6.9: Punctual Payment of Contractual Obligations. The Corporation will punctually pay or cause to be paid any payment obligations made by the Corporation under the terms of a contract hereafter executed and delivered by the Corporation of the nature described in Section 5.2. ARTICLE VII PROVISIONS CONCERNING SALE AND APPLICATION OF PROCEEDS OF SERIES 2003A BONDS Section 7.1: Execution of Documents to Effect Sale of Series 2003A Bonds. Each Authorized Representative and other appropriate officers, agents and representatives of the Corporation are hereby authorized to do any and all things necessary or desirable to provide for the issuance and delivery of the Series 2003A Bonds. Section 7.2: Am~lication of Proceeds. Proceeds fromthe sale of the Series 2003A Bonds shall, promptly upon receipt by the Trustee, be applied in the manner provided for in a certificate executed by an Authorized Representative. ARTICLE VIII TAX EXEMPTION Section 8.1: GeneralTax Covenants. The Corporation covenants to refrain from any action which would adversely affect, or to take any action to assure, the treatment of the Series 2003A Bonds as obligations described in section 103 of the Code, the interest on which is not ~acludable in the "gross -14- income" ofthe holder for purposes of federalincome taxation. In furtherance thereof, the Corporation covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Series 2003A 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 Corporation, 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 Series 2003A 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 Series 2003A Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning ofsection 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 ofthe Series 2003A 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 govermnental units, in contravention of section 141 (c) of the Code; (d) to refrain from taking any action which would otherwise result inthe Series 2003A Bonds being treated as "private activity bonds" within the meaning of section 141 (a) of the Code; (e) to refrain fromtaking any action that would result in the Series 2003A 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 Series 2003A 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 Series 2003A Bonds, other than investment property acquired with -- (1) proceeds of the Series 2003A Bonds invested for a reasonable temporary period of three years or less unill such proceeds are needed for the purpose for which the Series 2003A Bonds are issued, (2) amotmts invested in a bona fide debt service fund, within the meaning of section 1.148-1 (b) of the Regulations, and -15- (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 Series 2003A Bonds; (g) to otherwise restrict the use of the proceeds of the Series 2003A Bonds or amounts treated as proceeds of the Series 2003A Bonds, as may be necessary, so that the Series 2003A 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 Series 2003A Bonds) an amount that is at least equal to 90 pement of the "Excess Earnings", within the meaning of section 148(0 of the Code and to pay to the United States of America, not later than 60 days after the Series 2003A 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. The Corporation understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of a refunding bond, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of the issuance of the Series 2003A Bonds. It is the understanding of the Corporation that the covenants contained herein are intended to assure compliance with the Code and any regulations or ndings 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 ofthe Code, as applicable to the Series 2003A Bonds, the Corporation 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 Series 2003A 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 Series 2003A Bonds, the Corporationagrees to comply with the additionalrequirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Series 2003A Bonds under section 103 of the Code. In furtherance of the foregoing, any Authorized Representative may execute any certificates or other reports required by the Code and to make such elections, on behalf of the Corporation, which may be permitted by the Code as are consistent with the purpose for the issuance of the Series 2003A Bonds. In order to facilitate compliance with the above clause (h), there has been established in the Indenture a "Rebate Fund" for the sole benefit of the United States of America, and such Rebate Fund shall not be subject to the claim of any other person, including without limitation the Registered Owners ofthe Series 2003A Bonds. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. Section 8.2: Allocation of. and Limitation on, Expenditures for the Project. The Corporation covenants to account foron its books and records the expenditure of proceeds fromthe sale of the Series 2003A Bonds and any investment earnings thereon to be used for the payment of Project Costs by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure ona -16- Project is made or (b) each such Project is completed. The foregoing notwithstanding, the Corporation shall not expend such proceeds or investment earnings more than 60 days after the later of(a) the fifth anniversary ofthe date of delivery of the Series 2003A Bonds or (b) the date the Series 2003A Bonds are retired, unless the Corporation obtains an opimon of nationally-recognized bond counsel substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the Series 2003A Bonds. For purposes of this Section, the Corporation shall not be obligated to comply with this covenant if it obtains an opinion of nationally-recognized 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 8.3: Disposition of Project. The Corporation covenants that the property constituting a Project will not be sold or otheiwise disposed in a transaction resulting in the receipt by the Corporation o f cash or other compensation, unless the Corporation obtains an opinion of nationally-recognized bond counsel substantially to the effect that such sale o r other disposition will not adversely affect the tax-exempt status of the Series 2003A 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 ~ the receipt of cash or other compensation. For purposes of this Section, the Corporation shall not be obligated to comply with this covenant flit obtains an opinion of nationally-recognized 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 on the Series 2003A Bonds. ARTICLE IX CONTINUING DISCLOSURE UNDERTAKING Section 9.1: Annual Reports. (a) That the Corporation shall provide annually, within six months after the end of each Fiscal Year ending ~a or after 2003, financial information and operating data with respect to the Corporation of the generaltype described ~ Exhibit B hereto provided that such information and data is customarily prepared by the Corporation. Such information shall be provided to any person upon request made to the Corporation provided that the Corporation reserves the right at any time to commence making such annual flings with the SID (if any, and if none, to each NRMSIR) in lieu of providing such information uponrequest. Any financialstatements so to be provided shall be (1) prepared ha accordance with the accounting principles described in Exhibit B hereto, or such other accounting principles as the Corporation may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Corporation commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Corporation shall provide unaudited financialstatements by the required time and shallprovide audited fmancialstatements for the applicable FiscalYear to each NRMSIR and any SID, when and if the audit report on such statements become available. (b) If the Corporation changes its Fiscal Year, it will notify the SID ofthe change (and of the date of the new Fiscal Year end)prior to the next date by which the Corporation otherwise would be required -17- to provide financialinformation and operating data pursuant to this Section. The financialinformationand 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 officialstatement or other offering document, if it is available from the MSRB) that theretofore has been provided to the SID or filed with the SEC. Section 9.2: Material Event Notices. The Corporation shall notify any SID and 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. 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 Corporation shall not/fy any SID and the MSRB, in a timely manner, of any failure by the Corporation to provide financial information or operating data in accordance with Section 9.1 by the time required by such Section. Section9.3: Limitations. Disclaimers. and Amendments. (a) The Corporation shall be obligated to observe and perform the covenants specified in this Article for so long as, but only for so long as, the Corporation remains an "obligated person" with respect to the Series 2003A Bonds within the meaning of the Rule, except that the Corporation in any event will give notice of any deposit made in accordance with this Resolution or applicable law that causes Series 2003A Bonds no longer to be Outstanding. (b) The provisions of this Article are for the sole benefit of the holders and beneficial owners of the Series 2003A Bonds, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any otherperson. The Corporation undertakes to provide only the financial information, operating data, financialstatements, and notices which it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Corporation's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Article or otherwise, except as expressly provided herein. The Corporation does not make any representation or -18- warranty concerning such informationor its usefulness to a decisionto invest kt or sell Series 2003A Bonds at any furore date. (c) UNDER NO CIRCUMSTANCES SHALL THE CORPORATION BE LIABLE TO THE HOLDERORBENEFICIAL OWNER OF ANY SERIES 2003A BONDORANY OTHER PERSON, IN CONTRACTORTORT, FOR DAMAGES RESULTING IN WHOLE OR IN PARTFROM ANY BREACH BY THE CORPORATION, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, 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. (d) No default by the Corporation in observing or performing its obligations under this Article shall comprise a breachofor default under this Resolution for purposes of any other provision o fthis Resolution. Nothing ha this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the Corporation under federal and state securities laws. (e) The provisions of this Article maybe amended by the Corporation from time to time to adapt to changed cimumstances 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 Corporation, but only if(l) the provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell Series 2003A Bonds in the primary offering of the Series 2003A 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 holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Resolution that authorizes such an amendment) of the outstanding Series 2003A Bonds consent to such amendment or (B) a person that is unaffiliated with the Corporation (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest oft. he holders and beneficial owners of the Series 2003A Bonds. If the Corporation so amends the provisions of this Article, it shall include with any amended financial information or operating data next provided ha accordance with Section 9.1 an explanation, ha narrative form, of the reason for the amendment and of the impact of any change in the type of fmancial information or operating data so provided. The Corporation 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 Series 2003A Bonds in the primary offering of the Series 2003A Bonds. -19- ARTICLE X APPROVAL AND AFFIRMATION OF AGREEMENTS The Board hereby approves issuance of the Series 2003A Bonds. The Board heretofore has approved the Indenture of Trust by and between the Corporation and JPMorgan Chase Bank, as Trustee, and the Tri-Party Agreement, and does agree that the Indenture and the Tri-Party Agreement each apply to the Series 2003A Bonds. The Board hereby represents that no amendments or supplements have been made to either the Indenture or the Tri-Party Agreement since the date of delivery of the Series 2003 Bonds. In connection with the issuance of the Series 2003A Bonds, the Board hereby approves the following: the Paying Agent/Registrar Agreement by and between the Corporation and JPMorgan Chase Bank, h substantially the form attached hereto as Exhibit C; and the Purchase Contract, in substantially the form attached hereto as Exhibit D; and any and all other documents and agreements reasonable and necessary to issue the Bonds (collectively, the "Agreements"). The Board, by a majority vote of its members, at a meeting duly held for suchpurpose, hereby approves the form, terms, and provisions of the Agreements and authorizes the execution and delivery of the Agreements. ARTICLE XI MISCELLANEOUS Section 11.1: Further Proceedings. The President, any Vice President, the Executive Director, the Secretary, the Assistant Secretary and other appropriate officials of the Corporation are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the intent, purposes and terms of this Resolution, including the execution and delivery of such certificates, documents or papers necessary and advisable. Section 11.2: Severabilitv. If any Section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 11.3: Open Meeting. It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, all as required by the Texas Open Meetings Act, Chapter 551, Texas Government Code. Section 11.4: Parties Interested. Nothing in this Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the Corporation, the Registrar, and the Owners of the Series 2003A Bonds, any right, remedy or claim under or by reason of this Resolution or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this Resolution shall be for the sole and exclusive benefit of the Corporation, the Registrar, and the Owners of the Series 2003A Bonds. -20- Section 11.5: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 11.6: Effective Date. This Resolution shall become effective immediately upon passage by this Corporation and signature of the President of the Corporation. PASSED AND APPROVED this 1 lth day of November, 2003. By: Name: Title: ATTEST: By: Name: Title: -21- LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D FORM OF BOND CONTINUING DISCLOSURE INFORMATION PAYING AGENT AGREEMENT BOND PURCHASE AGREEMENT EXHIBIT A: FORM OF BOND United States of America State of Texas Registered Registered NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE BOND SERIES 2003A INTEREST KATE: MATURITY DATE: DELIVERY DATE: CUSIP: REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS: The NORTH PADRE ISLAND DEVELOPMENT CORPORATION (the "Issuer"), a not-for- profit local government corporation created under authority of Chapter 431, Subchapter D, Texas Transportation Code (the "Act") by the City of Corpus Christi, Texas (the "City"), for value received, promises to pay, but solely from certain Pledged Revenues as hereinafter provided, to the Registered Owner identified above or registered assigns, on the Maturity Date specified above, upon presentation and surrender of this Bond at the designated corporate trust office in Dallas, Texas (the "Designated Trust Office") of JPMorgan Chase Bank, as registrar (the "Registrar"), the principal mount identified above, in any coin or currency of the United States of America which on the date of payment of such principalis legal tender for the payment of debts due the United States of America, and to pay, solely from such Pledged Revenues, interest thereon at the rate shown above, calculated on the basis of a 360-day year of twelve 30-day months, from the later of the Delivery Date of the Bonds specified above, or the most recent interest payment date to whichinterest has been paid or duly provided for. Interest on this Bond is payable by check on September 15 and March 15, beginning on September 15, 2004, mailed to the Registered Owner as shown on the books of registration kept by the Registrar as o fthe last Business Day o fthe month next preceding each interest payment date (the "Record Date"), or by such other method, acceptable to the Registrar, requested byand at the risk and expense of the Registered Owner. If interest on this Bond is not paid on any interest payment date specified above, and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new Record Date for the payment of such interest (a "Special Record Date"). Such Special Record Date shall be established in accordance with the terms of the heminatter defined Resolution. THIS BOND IS ONE OF A DULY AUTHORIZED SERIES OF BONDS dated as of ,2003, aggregating $ , issued for the purpose of(1)paying ProjectCosts and (2) paying Costs of Issuance, all under and pursuant to the authority ofthe Act and all other applicable taws, and a resolution adopted by the Issuer on November 11, 2003 (the "Resolution"). None of the proceeds of the Bonds shall be used for the purpose of paying or otherwise providing for educational facilities. All defined terms not herein defined shall have the meaning attributed thereto in accordance with the terms of the Resolution or the Indenture of Trust dated as of February 1,2003, between the Issuer and JPMorgan Chase Bank, as trustee (the "Indenture of Trust"). THIS BOND AND THE SERIES O F WHICH IT IS A PART are limitedobligations of the Issuer that are payable from, and are equally and ratably secured, together with the currently outstanding "Parity Bonds", as defined in the Indenture of Trust, by a first lien on the "Pledged Revenues", as defined and provided in the Indenture of Trust, which Pledged Revenues are required to be set aside and pledged to the payment of the Bonds and all additional bonds and parity contractualobligations issued or entered into on a parity therewith, in the Debt Service Fund and the Reserve Fund maintained for the payment of all such Bonds, all as more fully described and provided for in the Resolution. This Bond and the series of which it is a part, together with the interest thereon, are payable solely from such Pledged Revenues. THE BONDS may be redeemed only in principalamounts of$100,000 or any integral multiple of $5,000 in excess thereof, at the option of the Issuer, on , or on any date thereafter, at the redemption price indicated below (expressed as a pementage of par value) plus accrued interest to the date fixed for redemption, to-wit: Redemption Dates (dates inclusive) Redemption Price (%) If less than all of the Bonds are to be redeemed by the Issuer, the Issuer shall determine the maturity or maturities and the amounts therewith to be redeemed and shall direct the Registrar to call by lot Bonds, or portions thereof, within such maturity or maturities and in such principalamounts, forredemption;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 Issuer and the securities depository; and provided,further, that no Bonds shall be redeemed in a manner where the Registered Owner thereof shall own Bonds in a denomination of less than $100,000. THE BONDS are also subject to mandatory redemption in part by lot on ki the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year Principal Amount Year Principal Amount $ $ * Final Maturity THE BONDS to be redeemed in any year by mandatory sinking fund redemption shall be selected by lot from the Bonds then subject to redemption; provided, that if any Bond is selected for redemption ha part it shall not be redeemed in an amount that would, upon exchange, result ha a Bond in a denomination less than $100,000. THE PRINCIPAL AMOUNT OF BONDS required to be redeemed on each such redemption date pursuant to the foregoing operation of the mandatory sinking fund redemption shall be reduced, at the option of the Issuer, by the principal amount of the Bonds which, at least 45 days prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and delivered to the Registrar for cancellation or (2) shall have been acquired and canceled by the Registrar at the direction of the Issuer, in either case of(l) and (2) at a price not exceeding the par or principal amount of such Bonds, or (3) shall have been redeemed pursuant to the optionalredemption provisions described above and not theretofore credited against a mandatory sinking fund redemption. During any period in which ownership of the Bonds is determined 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 to be redeemed shall be selected ha accordance with the arrangements between the Issuer and the securities depository; provided, that if any Bond is selected for redemption in part it shall not be redeemed in an amount that would result, upon exchange, in a Bond in a denomination less than $100,000. UNLESS WAIVED BY THE OWNER, NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the date fixed for redemption by first class mail, addressed to the Registered Owners of each Bond to be redeemed ha whole or ha part at the address shown on the books of registration kept by the Registrar. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the Designated Trust Office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the Registered Owner or his authorized representative, subject to the terms and conditions of the Resolution. THIS BOND IS EXCHANGEABLE at thc Designated Trust Office of the Registrar for Bonds in principal amounts only in Authorized Denominations, subject to the terms and conditions of the Resolution. NEITHER THE ISSUER NOR THE REGISTRAR shall be required to transfer or exchange any Bond during the period beginning on the fifteenth calendar day of the month next preceding any interest payment date and ending on the next succeeding interest payment date orto transfer any Bond called for redemption during the 30 day period prior to the redemption date. 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 Issuer and the securities depository; provided, however, that no Bonds shall be redeemed ha a manner where the beneficial owner thereof shall own Bonds in any Authorized Denomination. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Resolution unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE ISSUER HAS RESERVED THE RIGHT to issue additionalparity Tax Increment Contract Revenue Bonds, subject to the restrictions contained in the Resolution, which may be equally and ratably payable from, and secured by a first lien on and pledge of, the Pledged Revenues in the same manner and to the same extent as this Bond and the series of which it is a part. THE BONDS AND ANY OUTSTANDING TAX INCREMENT CONTRACT REVENUE BONDS ARE A LIMITED OBLIGATION OF THE CORPORATION, PAYABLE, TOGETHER WITH THE CURRENTLY OUTSTANDING PARITY BONDS, SOLELY OUT OF THE TRUST ESTATE, WHICH IS THE SOLE ASSET OF THE CORPORATION PLEDGED THEREFOR. THE BONDS AND ANY OUTSTANDING TAX INCREMENT CONTRACT REVENUE BONDS ARE OBLIGATIONS SOLELY OF THE CORPORATION AND DO NOT CONSTITUTE, WITHIN THE MEANINGOF ANY STATUTORY OR CONSTITUTIONAL PROVISION, AN INDEBTEDNES S, AN OBLIGATION OR A LOAN OF CREDIT OF THE CITY, THE STATE OF TEXAS, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT, REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS, OR ANY OTHERMUNICIPALITY, COUNTY, OR OTHER MUNICIPAL OR POLITICAL CORPORATION OR SUBDIVISION OF THE STATE OF TEXAS. NEITHER THE CITY, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT NOR REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS ARE OBLIGATED TO MAKE PAYMENTS ON THE BONDS AND ANY OUTSTANDING TAX INCREMENT CONTRACT REVENUE BONDS. SHOULD EACH PARTICIPANTTIMELY CONTRIBUTE ITS TAX INCREMENTTO THE TAX INCREMENT FUND, AND THE CITY TRANSFERS ALL OF THE TAX INCREMENTS FROM THE TAX INCREMENT FUND TO THE ISSUER IN ACCORDANCE WITH THE TERMS 0 F THE TRI-PARTY AGREEMENT, AND SUCH TAX INCREMENTS TO TRANSFERRED ARE NOT SUFFICIENT FOR THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS ON THE DATE WHEN SUCH PRINCIPAL OR INTEREST BECOMES DUE AND PAYABLE, AN EVENT OF DEFAULT SHALL NOT BE DEEMED TO HAVE OCCURRED UNDER THE TERMS OF THE INDENTURE OF TRUST. IT IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Bond have been performed, existed, and been done in accordance with law; that the Bonds do not exceed any statutory limitation; and that provisionhas been made for the payment ofthe principalo fand interest on this Bond and all ofthe Bonds by the creation of the aforesaid lien on and pledge of the Pledged Revenues. IN WITNESS WHEREOF, the Issuer has caused this Bond to be executed by the manual or facsimile signatures of the President and the Secretary. NORTH PADRE ISLAND DEVELOPMENT CORPORATION President, Board of Directors Secretary; Board of Directors (SEAL) FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney Generalofthe State offrexas, and that this Bond has been registered by the Comptroller o fPublic Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this (SEAL) Comptroller of Public Accounts of the State of Texas FORM OF REGISTRAR'S AUTHENTICATION CERTIFICATE AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been delivered pursuant to the Bond Resolution described in the text of this Bond; and that this Bond is one of a series of Bonds approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. JPMORGAN CHASE BANK, as Registrar By: Authorized Signature Date of Authentication: FORM OF ASSIGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said Bond onthe books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: NOTICE: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program ("STAMP") or similar program. Registered Owner NOTICE: The signature above must correspond to the name of the Registered Owner as shown on the face of this Bond in every particular, without any alteration, enlargement or change whatsoever. Exhibit B to Resolution DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 9.1 of this Resolution. Annual Financial Statements and Operating Data The financial information and operating data with respect to the Corporation to be provided annually in accordance with such Section am as specified (and included in the Appendix or under the headings of the Limited Offering Memorandum referred to) below: 1. The information of the general type included in Tables I through 3 of the Limited Offering Memorandum. 2. "Financial Statements of the North Padre Island Development Corporation". Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 2 above. 23 AGENDA MEMORANDUM DATE: November 11,2003 SUBJECT: Baseball Stadium - Site Demolition (Project ff-4310) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a demolition contract with Cherry Demolition Company, of Houston, Texas, in an amount not to exceed $466,000 for the Demolition of Compress Units 1,2, and 3 for Stadium Construction subject to approval of an agreement with the Port of Corpus Christi Authority to purchase the property. ISSUE: The cotton compress warehouses must be demolished to permit foundation work to proceed no later that March 2004 to complete the project by April 2005. Award of the contract is necessary to permit demotion to begin this January and be completed by March 2004. RECOMMENDATION: Approval of the motion as presented. /~fg~l R. Escobar, P.E. ~ ' Director of Engineering Services Attachments: a. Additional Information b. Bid Tabulation c. Site Map H:~HOME\KEVINS\GEN~BasebalEDemolitJon~AEAWDMemo.doc BACKGROUNDINFORMATION BACKGROUND: The site of the Minor League Baseball Stadium is on Port of Corpus Christi property southeast of the Ortiz Center. The site is currently occupied with warehouses used by the Cotton Compress. Units 1,2 and 3 of the warehouses must be demolished prior to construction of the stadium. The City and Port of Corpus Christi are finalizing an agreement to purchase the property. The Port of Corpus Christi has completed asbestos abatement for the warehouses to be demolished. The Port offered to demolish the warehouses in retum for a payment of $1,500,000. The City offered to bid the demolition as a City project rather than being locked into a demolition pdce based on the engineer's estimate. The Iow qualified bid by Cherry Demolition resulted in a net savings of $1,034,000. The cost of warehouse demolition covering any land that is not sold to the City of Corpus Christi will be paid by the Port on a pro rata basis. The demolition company will not have access to the site until the cotton compress vacates the buildings. The Port will proceed with a separate demolition contract for other warehouses to provide space for parking and other development. That contract provides an extended demolition schedule to permit greater opportunity to recycle wood and other materials. PRIOR COUNCIL ACTION: October 24, 2003 - a. Motion authorizing the City Manager, or his designee, to execute an architectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003-370). b. Motion authorizing the City Manager, or his designee, to execute a project management services contract in an amount not to exceed $475,175.00 with Anderson Group Construction Management, Inc. of Corpus Christi for the Professional Minor League Baseball Stadium (M2003-371) October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389). PROJECT DESCRIPTION: The contract provides for the demolition of Compress Warehouse selected sections of Units 1, 2 and 3. The Cotton Compress has possession of the site until January 1, 2004. The demolition company will be able to begin demolition on January 1, 2004 subject to all necessary requirements of the bond counsel. All work must be completed by March 15, 2004. The contractor is being encouraged to recycle lumber and other material to extent time permits. All matedal not recycled by the contractor will be transported to City owned property south of Oso Creek across from J. C. Elliott Landfill. The City will recycle suitable matedal rather than disposing of it in the landfill. BID INFORMATION: Seven bids were received and opened October 29, 2003. The bid tabulation is attached. See Exhibit B. The project was bid as a base bid with four additive alternate bids and one deductive altemate bid. The base bid provided for the demolition and disposal of compress warehouses. The alternates provide for: 1. add - removal and disposal of two (2) presses in Compress Unit 1; 2. add - demolition and removal of fill to the elevation of Wilburn Ddve; Page 1 of 2 H:\HOM E~KEVlNS\GEN\Baseball\Demolition\DemoBkg ExhA.doc 3. add - cut all timberllumbedboardslwood items in lengths with a maximum length of seven (7) feet; 4. add - remove and relocate the east press in Unit 1 to a location on Port Propertywithin one mile of site; and 5. deduct - do not demolish and remove the boiler structure, concrete columns and roof structure. BID EVALUATIONS: Base Bids ranged from $461,000 to $1,494,000. One bid was submitted with the bid bond not made out to the City of Corpus Christi and was deemed non-responsive. That did not affect the priority of award. The base bid, additive altemate No. 3, and deductive altemate No. 5 are recommended for award. The Iow qualified bid in the amount of $466,000 was submitted by Cherry Demolition Company of Houston, Texas. PRIOR ACTIONS: The 4-A Board has approved the project and issued a re-imbursement resolution which allow expenditures to be reimbursed by the forthcoming bond sale for the project. FUNDING: Funding is provided by proceeds administered by the 4-A Board. The City acts as the agent on behalf of the 4-A Board. Funding will be advanced from the 1/8 cent sales tax pending the issuance of bonds by the Board. The Board has approved a reimbursement resolution to permit repayment of expenditures. H:\HOME\KEVIN S\GEN\Baseball\Demolifion\DemoBkgExhA,doc Page 2 of 2 TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 1 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 Cherry Demolition Company a *(1) MSM Contracting Ltd. J.R.Ramon k Sons Inc. for Stadium Construction dba of Cherry Moving Co. 4660 Soldt Road 1325 Frio City Road Project No. 4310 6131 Selinsky San Antonio, TX 78222 San Antonio, TX 78226 Houston, TX 77048 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BB -1 Mobilization/demobilization 1 LS $40,000.00 $40,000.00 $24,955.00 $24,955.00 $63,000.00 $63,000.00 B13-2 Demolition of Compress: Unit 1 518,000 SF $0.15 $77,700.00 $0.57 *$295,260.00 $0.35 $181,300.00 Sec. 2, 3, 4, 5 and 6; Unit 2 Sec. 9,10 and 11; Unit 3 Sec 15 BB -3 Disposal 1 LS $248,300.00 $248,300.00 $48,338.00 $48,338.00 $100,000.00 $100,000.00 BB -4 Utilities 1 LS $10,000.00 $10,000.00 $0.00 $0.00 $25,000.00 $25,000.00 BB -5 Miscellaneous 1 IS $5,000.00 $5,000.00 $5,900.00 $5,900.00 $25,000.00 $25,000.00 BB -6 Bonds, Insurance, Overhead, 1 IS $80,000.00 $80,000.00 $125,659.00 $125,659.00 $200,000.00 $200,000.00 Profit, etc. TOTAL BASE BID (BB- $461,000.00 -$500,112.00 $594,300.00 1/2/3/4/5/6): AA -1 Remove and dispose of two (2) 1 IS $35,000.00 $35,000.00 $29,634.00 $29,634.00 $12,000.00 $12,000.00 presses in Compress Unit 1 Section4: Additive Alternate Bid Itam AA -1 must be complete by March 15, 2004. TOTAL ADDTIVE ALTERNATE BID $35,000.00 $29,634.00 $12,000.00 NO.1 (AA -1): TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 2 of 15 TABULATED BY: }angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Unite 1, 2 and 3 for Stadium Construction Project No. 4310 Cherry Demolition Company a dba of Cherry Moving Co. 6131 Selinsky Houston, TX 77048 '(1) M&M Contracting Ltd. 4660 Soldt Road San Antonio, TX 78222 S.R.Ramon & Sons Inc. 1325 Frio City Road San Antonio, TX 78226 EMSEMME ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA -2 Additive alternate bid item #2: 1 IS $915,000.00 $915,000.00 $581,920.00 $581,920.00 $0.00 $0.00 The Contractor will demolish No Bid the base bid Unit 1 and Unit 2 warehouse sections to the existing elevation of Wilburn Drive (the alley between Unit 1 and Unit 2). This includes demolition and removal of all underground concrete and piled foundations, utilities, retaining walls, asphalt and concrete pavement, base material, fill material, and natural soils (approximately 50,900 c.y. of demolition material). The Contractor will demolish the base bid Unit 3 warehouse sections to approximately elevations 12' along Port Avenue and to approximately elevations 9' along Brewster Avenue (approximate slope of 0.14 inches per foot.) This includes demolition and removal of all underground concrete and piled foundations, utilities, retaining walls, asphalt and concrete pavement, base materials, fill material, and natural soils (approximately 4,050 c.y. of demolition material) TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 3 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 Cherry Demolition Company a *(1) M&M Contracting Ltd. J.R.Ramon & Sons Inc. for Stadium Construction dba of Cherry Moving Co. 4660 Boldt Road 1325 Frio City Road Project No. 4310 6131 Selinsky San Antonio, TX 78222 San Antonio, TX 78226 Houston, TX 77048 ITEM DESCRIPTION 4TY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT and natural soils (approximately 4,050 c.y. of demolition material). Additive Alternate Bid Items AA -2 must be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BID $915,000.00 $581,920.00 $0.00 NO.2 (AA -2): AA -3 Additive alternate bid item #3: 1 LS $20,000.00 $20,000.00 $523,180.00 $523,180.00 $11,000.00 $11,000.01 The Contractor will cut all timber/ lumber/ boards/ wood items, scheduled to be demolished in accordance with the plans, specifica-tions and contract documents into lengths of 7'-0' maximum prior to disposal at the City landfill. Additive Alternate Bid Item AA - 3 must be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BSD $20,000.00 $523,180.00 $11,000.00 NO.3 (AA -3): TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 4 of 15 TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 Cherry Demolition Company a -(1) M&M Contracting Ltd. J.R.Ramon 6 Sons Inc. for Stadium Construction dba of Cherry Moving Co. 4660 Boldt Road 1325 Frio City Road Project No. 4310 6131 Selinsky San Antonio, TX 78222 San Antonio, TX 78226 Houston, TX 77048 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA -4 Additive alternate bid item #4: 1 LS $60,000.00 $60,000.00 $46,334.00 $46,334.00 $40,000.00 $40,000.00 The Contractor shall remove and relocate the East Press (previously described, as a part of the scope of Additive Alternate Bid No.l) in Compress Unit 1 Section 4; to a location determined by the radius of the project. (West Press in Compress Unit 1 Section 4 to be removed and disposed of; all work shall be in accordance with the plans, specifications and contract documents; Additive Alternate Bid Item AA - 4 must be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BID $60,000.00 $46,334.00 $40,000.00 NO.4 (AA -4): TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 5 of 15 TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 -(I) Error Cherry Demolition Company a ^(1) M&M Contracting Ltd. S.R.Ramon 4 Sons Inc. for Stadium Construction dba of Cherry Moving Co. 4660 Boldt Road 1325 Frio City Road Project No. 4310 6131 Selinsky San Antonio, TX 78222 San Antonio, TX 78226 Houston, TX 77048 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT DA -1 Deductive alternate bid item 1 LS <$15,000.00, <$15,000.00> <$3,000.00, <$3,000.00> <$4,000.00> <$4,000.00> #1: The Contractor shall NOT demolish and remove the Boiler Structure (see Unit 2 Boiler Room reference drawings); concrete columns and roof structure shall remain in place; clay -brick walls shall be demolished and disposed of. Deductive Alternate Bid Item DA -1 must be complete by March 15, 2004. ICTAL DEDUCTIVE ALTERNATE BID <$15,000.00> <$3,000.00, <$4,000.00> NO.1 (DA -1): 1. TOTAL BASE BID(BB-1/2/3/4/5/6: $461,000.00 *$500,112.00 $594,300.00 TOTAL ADDITIVE ALTERNATE BID 2. $35,000.00 $29,634.00 $12,000.00 ITEM NO.1 (AA -1): 3. TOTAL ADDITIVE ALTERNATE BID $915,000.00 $581,920.00 $0.00 ITEM NO.2 (AA -2): 4. TOTAL ADDITIVE ALTERNATE BID $20,000.00 $523,180.00 $11,000.00 ITEM NO.3 (AA -3): 5. TOTAL ADDITIVE ALTERNATE BID $60,000.00 $46,334.00 $40,000.00 ITEM NOA (AA -4): 6. TOTAL DEDUCTIVE ALTERNATE BID <$15,000.00> <$3,000.00> <$4,000.00> DA-1 : ITEM NO.1 (DA -1).- -(I)Error in extension of unit price, Item BB -2, amounts shown have been corrected TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 6 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 T114E OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 A&R Demolition Inc. *(2) A-1 Contracting Southwest Constructors Inc. for Stadium Construction 13201 FM 812 3540 Agnes St. PO Box 50469 Project No. 4310 Del Valle, TX 78617 Corpus Christi, TX 78405 Austin, TX 78763 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BB -1 Mobilization/demobilization 1 LS $29,000.00 $29,000.00 $100,000.00 $100,000.00 $20,000.00 $20,000.00 BB -2 Demolition of Compress: Unit 1 518,000 SF $1.05 $543,900.00 $0.50 $259,000.00 $1.50 $777,000.00 Sec. 2, 3, 4, 5 and 6; Unit 2 Sec. 9,10 and 11; Unit 3 Sec 15 BB -3 Disposal 1 LS $48,000.00 $48,000.00 $155,000.00 $155,000.00 $259,000.00 $259,000.00 BB -4 Utilities 1 LS $49,000.00 $49,000.00 $100,000.00 $100,000.00 $30,000.00 $30,000.00 BB -5 Miscellaneous 1 LS $31,000.00 $31,000.00 $100,000.00 $100,000.00 $8,000.00 $8,000.00 BB -6 Bonds, Insurance, Overhead, 1 LS $73,000.00 $73,000.00. $150,000.00 $150,000.00 $400,000.00 $400,000.00 Profit, etc. TOTAL BASE BID (BB- $773,900.00 $864,000.00 $1,494,000.00 1/2/3/4/5/6): AA -1 Remove and dispose of two (2) 1 LS $21,000.00 $21,000.00 $20,000.00 $20,000.00 $30,000.00 $30,000.00 presses in Compress Unit 1 Section4: Additive Alternate Bid Item AA -1 must be complete by March 15, 2004. TOTAS ADDTIVE ALTERNATE BID $21,000.00 $20,000.00 $30,000.00 NO.1 (AA -1): TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 7 of 15 TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 for Stadium Construction Project No. 4310 A&R Demolition Inc. *(2) A-1 Contracting 13201 FM 812 3540 Agnes St. Del Valle, TX 78617 Corpus Christi, TX 78405 Southwest Constructors Inc. PO Box 50469 Austin, TX 78763 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA -2 Additive alternate bid item p2: 1 LS $554,995.00 $554,995.00 $850,076.50 $850,076.50 $450,000.00 $450,000.00 The Contractor will demolish the base bid Unit 1 and Unit 2 warehouse sections to the existing elevation of Wilburn Drive (the alley between Unit 1 and Unit 2). This includes demolition and removal of all underground concrete and piled foundations, utilities, retaining walls, asphalt and. concrete pavement, base material, fill material, and natural soils (approximately 50,900 c.y. of demolition material). The Contractor will demolish the base bid Unit 3 warehouse sections to approximately elevations 12 - along Port Avenue and to approximately elevations 91 along Brewster Avenue (approximate slope of 0.14 inches per foot.) This includes demolition and removal of all underground concrete and piled foundations, utilities, retaining walls, asphalt and concrete pavement, base materials, fill material, and natural soils (approximately 4,050 c.y. of demolition material) TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 8 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 A&R Demolition Inc. '(2) A-1 Contracting Southwest Constructors Inc. for Stadium Construction 13201 FM 812 3540 Agnes St. PO Box 50469 Project No. 4310 Del Valle, TX 78617 Corpus Christi, TX 78405 Austin, TX 78763 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT and natural soils (approximately 4,050 c.y. of demolition material). Additive Alternate Bid Items AA -2 must be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BID $554,995.00 $850,076.50 $450,000.00 NO.2 (AA -2): AA -3 Additive alternate bid item (j3: - 1 LS $12,000.00 $12,000.00 $0.00 $0.00 $0.00 $0.00 The Contractor will cut all timber/ lumber/ boards/ wood items, scheduled to be demolished in accordance with the plans, specifica-tions and contract documents into lengths of 71-0' maximum prior to disposal at the City landfill. Additive Alternate Bid Item AA - 3 must be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BID $12,000.00 $0.00 $0.00 NO.3 (AA -3): TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 9 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 A&R Demolition Inc. *(2) A-1 Contracting Southwest Constructors Inc. for Stadium Construction 13201 FM 812 3540 Agnes St. PO Box 50469 Project No. 4310 Del Valle, TX 78617 Corpus Christi, TX 78405 Austin, TX 78763 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA -4 Additive alternate bid item #4: 1 LS $32,000.00 $32,000.00 $60,000.00 $60,000.00 $20,000.00 $20,000.00, The Contractor shall remove and relocate the East Press (previously described, as a part of the scope of Additive Alternate Bid No.l) in Compress Unit 1 Section 4; to a location determined by the radius of the project. (West Press in Compress Unit 1 Section 4 to be removed and disposed of; all work shall be in accordance with the plans, specifications and contract documents; Additive Alternate Bid Item AA - 4 must be complete by March 15 2004. TOTAL ADDITIVE ALTERNATE BID $32,000.00 $60,000.00 $20,000.00 NO.4 !AA -4), DA -1 Deductive alternate bid item #1: The Contractor shall NOT 1 LS <$19,000.00> <$19,000.00, <$4,000.00> <$4,000.00> <$6,000.00> <$6,000.00, demolish and remove the Boiler Structure (see Unit 2 Boiler Room reference drawings); concrete columns and roof structure shall remain in place; clay -brick walls shall be demolished and disposed of. Deductive Alternate Bid Item DA -1 must be complete by March 15. 2004. TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 10 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 for Stadium Construction Project No. 4310 A&R Demolition Inc. 13201 FM 812 Del Valle, TX 78617 •(2) A-1 Contracting 3540 Agnes St. Corpus Christi, TX 78405 Southwest Constructors Inc. PO Box 50469 Austin, TX 78763 DESCRIPTION 4TY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL DEDUCTIVE ALTERNATE BID <$19,000.00, <$4,000.00> <$6,000.00, NO.1 (DA -1): rITEM 1. 2. 3. 4. 5. 6. TOTAL BASE BID(BB-1/2/3/4/5/6: $773,900.00 $21,000.00 $554,995.00 $12,000.00 $32,000.00 <$19,000.00, $864,000.00 $20,000.00 *$850,076.50 $0.00 *$60,000.00 <-$4,000.00> $1,494,000.00 $30,000.00 $450,000.00 $0.00 $20,000.00 <$6,000.00, TOTAL ADDITIVE ALTERNATE BID ITEM NO.1 (AA -1): TOTAL ADDITIVE ALTERNATE BID ITEM N0.2 (AA -2): TOTAL ADDITIVE ALTERNATE BID ITEM NO.3 (AA -3): TOTAL ADDITIVE ALTERNATE BID ITEM NO.4 (AA -4): TOTAL DEDUCTIVE ALTERNATE BID ITEM NO.1 DA -1 : *(2) Proposal missing page 5 Item AA -2 total picked up from Summary Page; Pages 6 thru 8 of Proposal, Items AA3, AA4 and DA1 totals are different from Summary Page totals, amounts shown on this summary are as shown on proposal pages 6 thru 8. TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 11 of 15 TABULATED BY: Fingal R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 -(3)D.H. Griffin of Texas Inc. for Stadium Construction B690 Lambright Road Project No. 4310 Houston, TX 77075 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BB -1 Mobilization/demobilization 1 IS $42,000.00 $42,000.00 $0.00 $0.00 BB -2 Demolition of Compress: Unit 1 518,000 SF $0.39 •$199,948.00 $0.00 $0.00 Sec. 2, 3, 4, 5 and 6; Unit 2 Sec. 9,10 and 11; Unit 3 Sec 15 BB -3 Disposal 1 LS $199,325.00 $199,325.00 $0.00 $0.00 SB -4 Utilities 1 LS $15,000.00 $15,000.00 $0.00 $0.00 B13-5 Miscellaneous 1 LS $25,565.00 $25,565.00 $0.00 $0.00 BB -6 Bonds, Insurance, Overhead, 1 LS $168,609.00 $168,609.00 $0.00 $0.00 Profit, etc. TOTAL BASE HID (BB- *$650,447.00 $0.00 $0.00 1/2/3/4/5/6): AA -1 Remove and dispose of two (2) 1 LS $21,008.00 $21,008.00 $0.00 $0.00 presses in Compress Unit 1 Section : Additive Alternate Bid Item AA -1 must be complete by March 15, 2004. TOTAL ADDTIVE ALTERNATE BID $21,008.00 $0.00 $0.00 NO. 1 (AA -1) : TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 12 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days - ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 for Stadium Construction Project No. 4310 *(3)D.H. Griffin of Texas Inc. 8690 Lambright Road Houston, TX 77075 ITEM DESCRIPTION QTY. UNITUNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA -2 Additive alternate bid item #2: 1 LS $1,065,813.00 $1,065,813.00 $0.00 $0.00 The Contractor will demolish the base bid Unit 1 and Unit 2 warehouse sections to the existing elevation of Wilburn Drive (the alley between Unit 1 and Unit 2). This includes demolition and removal of all underground concrete and piled foundations, utilities, retaining walls, asphalt and concrete pavement, base material, fill material, and natural soils (approximately 50,900 c.y. of demolition material). The Contractor will demolish the base bid Unit 3 warehouse sections to approximately elevations 121 along Port Avenue and to approximately elevations 9' along Brewster Avenue (approximate slope of 0.14 inches per foot.) This includes demolition and removal of all underground concrete and piled foundations, utilities, retaining walls, asphalt and concrete pavement, base materials, fill material, and natural soils (approximately 4,050 C.Y. of demolition material) TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 13 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 •(3)D.H. Griffin of Texas Inc. for Stadium Construction 8690 Lambright Road Project No. 4310 Houston, TX 77075 ITEM QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICEAMOUNT DESCRIPTION and natural soils (approximately 4,050 c.y. of demolition material). Additive Alternate Bid Items AA -2 must be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BID $1,065,813.00 $0.00 $0.00 NO.2 (AA -2): AA -3 Additive alternate bid item #3: 1 LS $40,000.00 $40,000.00 $0.00 $0.00 The Contractor will cut all timber/ lumber/ boards/ wood items, scheduled to be demolished in accordance with the plane, specifica-tions and contract documents into lengths of 7'-0- maximum prior to disposal at the City landfill. Additive Alternate Bid Item AA - 3 moat be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BID $40,000.00 $0.00 $0.00 NO.3 (AA -3): TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 14 of 15 TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME OF COMPLETION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 for Stadium Construction *(3)D.H. Griffin of Texas Inc. 8690 Lambright Road Project No. 4310 Houston, TX 77075 QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT DESCRIPTION Additive alternate bid item #4: 1 LS $65,000.00 $65,000.00 $0.00 $0.00 The Contractor shall remove and relocate the East Press FrAA-4 (previously described, as a part of the scope of Additive Alternate Bid No. l) in Compress Unit 1 Section 4; to a location determined by the radius of the project. (West Press in Compress Unit 1 Section 4 to be removed and disposed of; all work shall be in accordance with the plans, specifications and contract documents; Additive Alternate Bid Item AA - 4 must be complete by March 15, 2004. TOTAL ADDITIVE ALTERNATE BID $65,000.00 $0.00 $0.00 NO.4 (AA -4): DA -1 Deductive alternate bid item 1 LS <$5,500.00, <$5,500.00> $0.00 $0.00 #1: The Contractor shall NOT demolish and remove the Boiler Structure (see Unit 2 Boiler Room reference drawings); concrete columns and roof structure shall remain in place; clay -brick walls shall be demolished and disposed of. Deductive Alternate Bid Item DA -1 must be complete by March 15, 2004. TABULATION OF BIDS EXHIBIT B DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 15 of 15 TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 29, 2003 TIME 0£ CCHP19TION: 75 Calendar Days ENGINEER'S ESTIMATE: $1,430,860 Demolition of Compress Units 1, 2 and 3 for Stadium Construction Project No. 4310 •(3)D.H. Griffin of Texas Inc. 8690 Lambright Road Houston, TX 77075 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL DEDUCTIVE ALTERNATE BID <$5,500.00, $0.00 $0.00 NO.1 (DA -1): 1. 2. 3. 4. 5. 6. TOTAL BASE BID(BB-1/2/3/4/5/6: -$650,447.00 $21,008.00 $1,065,813.00 $40,000.00 $65,000.00 <$5,500.00> $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL ADDITIVE ALTERNATE BID ITEM NO. 1 (AA -1) : TOTAL ADDITIVE ALTERNATE BID ITEM MO.2 (AA -2): TOTAL ADDITIVE ALTERNATE BID ITEM NO,3 (AA -3): TOTAL ADDITIVE ALTERNATE BID ITEM KOA (AA -4): DEDUCTIVE ALTERNATE BID 1TOTAL ITEM NO.1 DA -1 *(3) Non -Responsive - Bid Bond was not made out to the City of Corpus Christi as required; error in extension of unit price Item 1322, amount shown has been corrected. File : \Mproject\councilexhibits\exh4310.dwg NUECES BAY PROJECT LOCATION CORPUS N CHRISP BAY LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE CITY PROJECT No. 4310 JBASEBALL STADIUM-SITE DEMOLITION CITF OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT DEPAR~ENT OF ENGINEERING S~C~ PAGE: I of 1 24 AGENDA MEMORANDUM Date: October 31,2003 SUBJECT: Air Quality Monitor Lease Agreement Office of Environmental Programs AGENDA ITEM: Public hearing to hear citizen comments regarding execution of a five year lease with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. An ordinance authorizing the city manager, or designee, to execute a five year lease with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. ISSUE: The Texas Commission on Environmental Quality requested a lease to site two continuous air quality monitors on City Park property near the Port of Corpus Christi and associated industrial district. The monitors are two of a series of air quality monitors being funded out of a Supplemental Environmental Program grant resulting from a settlement between the U.S. Environmental Protection Agency and Flint Hills Resources, formerly Koch Petroleum Group. The monitors will be operated by University of Texas researchers under contract to the TCEQ, and acquired data will be reported and posted by TCEQ. FUNDING: There are no funding requirements imposed upon the City nor the TCEQ by this lease agreement. RECOMMENDATION: Staff recommends approval of the ordinance. Attachments: 1. Summary of Lease 2. Lease Agreement C. I~im MctSui~'e-, CHMM Director, Office of Environmental Programs BACKGROUND INFORMATION Subject: Air Quality Monitor Lease Agreement Project Description: The Texas Commission on Environmental Quality (TCEQ) has been awarded funding from a Supplemental Environmental Project (SEP) grant resulting from a settlement between the U.S. Environmental Protection Agency (EPA) and Flint Hills Resources, formerly Koch Petroleum Group. The purpose of the grant is to establish a series of seven continuous air quality monitors in the area of the Port of Corpus Christi and associated industrial areas to monitor the concentration of specified chemical materials in the ambient air. The monitors will be purchased and operated by the University of Texas- Austin's Center for Energy and Environmental Resources. The term of the lease is five years with provisions to renew for an additional five years. The life of the monitoring program is estimated to last from seven to ten years. The lease provides a 40-foot by 40-foot enclosed space in Woodlawn Park and in Dr. H.J. Williams Park for the monitors and associated facilities. Each site will be enclosed in a six foot galvanized chain link fence. The Director of Parks and Recreation is granted approval authority for location of the monitors within the specified parks. There are no anticipated costs to the City of Corpus Christi for either the installation nor the operation of these monitors. The information generated in this program will be publicly available on the TCEQ website. The information will also be quite useful in the continuing research program studying ozone formation in the region. Prior Council Action: This is a new initiative and, therefore, there has been no prior Council action on this item. Future Council Action: No further Council action is anticipated on this item at this time. SUMMARY LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Lease Provision - TCEQ is leasing a 40 x 40 foot site in Woodlawn Park and in Dr. H.J. Williams Park for the purpose of installing and operating two of seven continuous air quality monitors and associated facilities to monitor for concentrations of specified chemical materials in the ambient air. Responsibilities of Lessee- The Lessee shall: · Obtain site approval from the Director of Parks and Recreation (Director) for locating the monitoring facilities. · Obtain all necessary permits for construction. Construction is subject to inspection by the Director, City's Building Official, Director of Engineering Services, and their designated representatives. · Obtain consent from the Director prior to making any alterations, additions, or improvements. · Pay for all utilities related to the usage of the facilities. · Obtain consent from the Director for any signage associated with the facility. Payment - No payments are required under this lease. Term - The lease terminates five (5) years after execution of the agreement unless renewed per provisions of the lease agreement. ATTACHMENT #1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUAMTY(TCEQ) TO SITE CONTINUOUS AIR QUALITY MONITORS IN WOODLAWN PARK AND IN H.J. WILLIAMS PARK IN CONSIDERATION OF TCEQ PROVIDING THE AIR MONITORING SERVICES; AND PROVIDING FOR PUBLICATION. WHEREAS, with proper notice to the public as described in Chapter 26 of the Parks and Wildlife Code, public hearing was held on Tuesday, November 11, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council under Chapter 26 of the Parks and Wildlife Code finds that there is no feasible and prudent alternative to the use of these lands for the air monitoring project and this project includes all reasonable planning to minimize harm to the land as a park and as a recreational facility. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a five- year lease, with the option to renew for five (5) additional years, with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. A copy of the lease is on file with the City Secretary. SECTION 2. 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. HSJoseph\ord-tceqLeas.doc 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda) Presentation of the Proposed Mustang-Padre Island Area Development Plan STAFF PRESENTER(S): Name Title/Position Department 1. Michael N. Gunning 2. Robert E. Payne 3. Scott A. Dunakey Assist. Director / Dir. Of Planning Senior Planner City Planner Dev. Services Dev, Services Dev. Services ISSUE: Creation of a long range land use plan for Mustang and Padre Islands. BACKGROUND: A revised draft plan will be provided to City Council on Tuesday, November 11,2003 which will include Planning Commission recommendations. The draft Mustang-Padre Area Development Plan is attached. For more information see the attached Additional Background Information. REQUIRED COUNCIL ACTION: None, Additional Background x Exhibits x PowerPoint Presentation x -'(Dep~rtment H~eac~ SignatUre) ~ ADDITIONAL BACKGROUND Subject: Proposed Mustang-Padre Island Area Development Plan: an element of the Corpus Christi Comprehensive Plan · Public Hearing . A City Council public hearing is scheduled for November 18, 2003. Planning Process - The planning process approved by the City Manager in January 2003 indicated a plan would be ready for City Council approval before the end of the year. A key element of the planning process was to formulate a detailed list of issues to be addressed in the plan with residents, business owners, and developers on the island. The Island Stakeholders Group also played a fundamental role in evaluating the initial staff drafts of the plan. Staff met with the Island Stakeholders Group on four occasions from between March and September. Board and Commission Review - The Draft Mustang-Padre Plan was presented for review, comment and endorsement to the Transportation, Park, and WatedShore Advisory Committees as well as the Nueces County Beach Management Committee. On November 5th, the Planning Commission conducted the second public headng on the Plan and recommended City Council adoption with a number of policy revisions to the draft plan. · Plan Mission Statement Excerpt- "The ultimate goal of this plan is to assist in transforming the Mustang-Padre Island area into a world-renowned toudst, resort and residential community." The City "... commits to doing its part to ensure the long-term success of Mustang-Padre Island." Exhibits Exhibit A: PowerPoint Presentation Exhibit B: Draft Mustang-Padre Island Area Development Plan "r Mustang Padre Island Area 6- Development Plan An element of the Corpus Christi Comprehensive Plan Plan Mission Statement The ultimate goal of this plan is to assist in transforming the Mustang -Padre Island area into a world-renowned tourist. resort and residential community. Presentation Outline Planning Process Existing Conditions Plan Highlights Environmental Future Land Use Transportation Pub c Services Re�rea•, • .,1_li� Safe�y Planning Process Development of an Island Issues Report Staff Draft of the t,,lustang Padre Island Plan Punning Commission Discussion 9;10/03 ` Presentation of draft Plan to other City Boards Panning Commission Pudic Hearing 10/22/03 .: �1, City Council Public Hearing and Adoption 11%18/03 Study Area Boundaries Boundaries Include: All and within City limits on Mustang Island All land within the ,Citys ETJ on Padre :Island JFK Causeway Area Geographic Characteristics Mustang -Padre is approximately 48 sq miles or r about 10% of the City's area The area is comprised of a barrier island connected to the mainland by a causeway Soil is composed mainly of sand Topography is mostly flat, except for the dunes Area has an abundance of wetlands, tidal flats, y and other environmentally sensitive features Population Growth on the Islands* Mustana-Padre Island Pooulatlon �.� 50 CJ) 45.000 _r 40.001, • ! t :_ = . ,$ 0 30.0 1:1 r5� ?S.00o s; ' 0 20.0(0 a* 2 ;5.000 5.000 0 l Cens svProjection Year I . r I lij,—, i. Average 11.9% Island population growth per year between 1990 and 2000 - 1 % citywide. Age Characteristics* 0-20 Age Group 161/-, for the island 331/o Citywide 21-64 Age Group 70% for the island. 56% Citywide 65+ Age Group 14°4 for the Island: 11% Citywide. SnU1CC: I'.S. (cnsun BLlle;tu. 2000 t. Median Income* Median Income S60 200 Island vs S36.400 Citywide �,1�UP:II S. ( �n.u� IiLIIC,t,L 'IIID' Housing* 14 i Padre Island Mustang Island 7 Citywide Plan Highlights Environment Future Land Use Urban Design Transportation Dune Protection Public Services ` Environment Ni, I GSB7lt! --ter �o�/�+Ar !►I.�� i. ! •" � 6 IN 7F! a pM7:j.1+Iltl►Wsf I�f/ISS T/,A�fi'k,v .r�,„. 0. Sz_ `. Land Use :Future land use patterns will support: Commercial activities at locations with good r access and high visibility Compatible configuration of activities Protection of residential activities from incompatible activities Identification of environmentally sensitive areas that should be preserved ` Land Use Higher intensity activities at major arterial intersections Medium and lower intensity activities at the arterial/collector or local street intersections Prohibit industrial uses on the Islands except for gas/petroleum extraction as allowable by law i' Where ever practical place utilities underground Land Use Urban Design and architectural controls will be required within designated "Gateway Corridors." Park Rd. 22 and State Hwy. 361 on Padre Island are designated as "Gateway Corridors." No architectural controls currently recommended for Mustang Island Land Use 1': Urban design elements: Restriction prohibiting metal buildings; Allow y f Masonry, stucco, brick, wood, stone or pre - ,W cast concrete panel construction. Pedestrian amenities Stricter signage controls Color guidelines JArchitectural controls Increased landscaping requirements Legend Future Lend Use 0 AgriculturalfRural Commercial " Conservation/Preservation Residential Estate PublicGemtPublic ® Dredge Material Placement Traditional Neighborhood Tourist ® Drainage Corridor MuWFamily Ught Industrial Water High Density Residents[ Heavy Industrial Wetland Mobile Home 0 Mixed Use Residential Park ® Neighborhood Business Mixed Use Tourist 0 Future Land Use — Mustang Island �--14 E7 Transportation 1 � Increase the elevation of streets intersecting Park Road 22 and State Highway 361 Intersection improvements at the intersection of s Encantada and Park Road 22 Pedestrian access enhancements at signalized intersections of Park Road 22 Terminal planning for high speed water transportation Transportation >5 i Access management will be required along major thoroughfares in the plan area May include marginal access shared driveways.. tt shared parking etc Implemented through incentives and "best j practices Cross-section Concept for Park Rd. 22* I ria. UclI)I ui I I III polIotiun Transportation — Padre Island M ,Transportation — Beach Access Transportation & Beach Access on Mustang Island Dune Protection and Beachfront Construction \ a" Public Services r Create a specific Beach Master Plan Pursue possible additional funding for beach cleaning operations Support economic development in the PITIF by providing sufficient utility capacity t� Public Services - Water • --OAT ,rte Public Services - Wastewater �5 Ik �,�✓�Itlll ��� Public Services — Packery Channel Creation of infrastructure to support small to mid-sized special events. etc Concessions Bath houses and restrooms on both sides of the channel Boat ramps Public fishing facilities Adequate parking, including spaces for vehicles towing boat trailers Mustang-Padre Island Area Development Plan Draft October I ?, 2003 Page I Staff wouM like to thank the following citizens for their participation in the Mustang Padre Island Stakeholders Group: Ray Allen Carl Badalich Gladys Choyke Carolyn Dorsey Garrett Dorsey Kathy Griffith John Michael Cindy Molnar Jack Ponton Jack Rush Richard Smith Vernetta Sorrells Pat Surer Jim Urban Moe Walker Ro Wiekham Their participation was invaluable in determining the issues important to the Island Community. Staff would also like to thank the following for their generosity and hospitality for hosting the Stakeholders Group meetings and/or providing refreshments: Holiday Inn SunSpree Resort Cindy Molnar Coldwell Banker Island Realtors Port Royal Condominiums Jack Rush The Mustang-Padre Island Area Development Plan and all of its contents are copyrighted by the City of Corpus Christi unless otherwise noted. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 2 Table of Contents PLAN MISSION STATEMENT INTRODUCTION A. ENVIRONMENT B. LAND USE C. TRANSPORTATION D. PUBLIC SERVICES E. DUNE PROTECTION F. BEACH ACCESS G. PACKERY CHANNEL H. CAPITAL IMPROVEMENTS APPENDIX A - MUSTANG PADRE ISLAND AREA DEVELOPMENT PLAN ISSUES APPENDIX B - VISTA DEL MAR APPENDIX C - CAPITAL IMPROVEMENT NEEDS 4 5 11 14 22 24 26 29 33 35 38 44 45 Figures FIGURE 1 - PLAN BOUNDARIES FIGURE 2 - CORPUS CI-IR]STI POPULATION FIGURE 3 - MUSTANG-PADRE ISLAND POPULATION FIGURE 4 - FUTURE LAND USE, SOUTH PORTION OF ADP FIGURE 5 - FUTURE LAND USE, NORTH PORTION OF ADP FIGURE 6 - TRANSPORTATION NETWORK, SOUTH PORTION OF ADP FIGURE 7 - TRANSPORTATION NETWORK, NORTH PORTION OF ADP FIGURE 8 - STREET CROSS-SECTION CONCEPT FOR S.H. 361 FIGURE 9 - CITY WATER SERVICES ON PADRE ISLAND FIGURE 10 - CITY WASTEWATER SERVICES ON PADRE ISLAND 6 8 8 48 49 5O 51 52 53 54 Mustang-Padre Island ,4rea Development Plan Draft October 17, 2003 Page 3 FIGURE 11 - CITY OF CORPUS CHRISTI DUNE PROTECTION AND BEACH CONSTRUCTION CERTIFICATION FIGURE 12 -EXISTING BEACH ACCESS SYSTEM FIGURE 13 -PACKERY CHANNEL AND PROPOSED RECREATIONAL DEVELOPMENT Tables TABLE 1 - CURRENT LAND USE TABLE 2 - FUTURE LAND USE 55 56 57 10 15 Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 4 PLAN MISSION STATEMENT The ultimate goal of this plan is to assist in transforming the Mustang-Padre Island area into a world-renowned tourist, resort and residential community. The City will encourage the highest development standards within the area's boundaries to create a unique "sense of place." Economic development will be tempered with environmental sensitivity to the significant coastal natural resources on the Islands. Growth will be tempered with common sense. Residential concerns will be tempered with tourism and business concerns. The area plays a vital role in the citywide and regional economies. The City recognizes this and commits to doing its part to ensure the long-term success of Mustang-Padre Island. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page $ Mustang-Padre Island Area Development Plan INTRODUCTION The City of Corpus Christi envisions Mustang-Padre Island as a regional, national, and international resort destination. The recreational amenities, leisure and resort facilities, and residential communities will be among the fmest along the entire Gulf Coast. Moreover, the recreational opportunities will appeal to a broad socioeconomic range of clientele, allowing all to enjoy what Mustang-Padre Island has to offer. Whether for sport fishing, beach combing, windsurfmg or rest and relaxation, visitors will want to return again and again. The character of the residential neighborhoods will attract new residents who appreciate what the area has to offer. Visitors and residents alike will come to appreciate the unique sense of place created through requiring the highest quality of development. This vision will make Mustang- Padre Island a preeminent destination of the Gulf Coast and a brilliant asset to our sparkling city. The City Charter mandates the Corpus Christi Comprehensive Plan. The Charter requires the City Council to" ... establish comprehensive planning as a continuous governmental function to guide, regulate, and manage future development . . ." and that" . . . all city improvements, ordinances, and regulations shall be consistent with the Comprehensive Plan . . . ". The Comprehensive Plan is comprised of various plan elements such as Policy Statements, Area Development Plans (ADP's), Capital Improvement Programs, and Master Utility Plans. The comprehensive planning process is a means for citizens and community leaders to guide community development. The Comprehensive Plan, by definition, is general, long range, and broad in scope. Its purpose is to guide the City in policy formulation and in the implementation of strategies related to Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 6 population, housing, environment, land use, transportation, annexation, economic development and public services. As part of the planning process, planning staff developed the Mustang-Padre Island A~ea Development Plan Issues Report based upon the input of the Mustang-Padre Island Stakeholders Group. This document was used to identify the important issues related to the ADP. Those issues are included as Appendix A. Figure 1 - Plan Boundaries Coq)us Christi Bay No~,lh Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 7 The Mustang-Padre Island Area is located in the easternmost part of the City, offshore from the mainland. The Plan area is bounded by Port Aransas on the north, the Gulf of Mexico on the east, Padre Island National Seashore on the south and the Laguna Madre and Corpus Christi Bay to the west. The area also includes the John F. Kennedy Causeway. (See Figure 1 - Plan Boundary Map.) The principle objectives of this plan are as follows: 1) To recognize the unique characteristics of this area and propose policies that emphasize the need for standards that may not apply citywide. 2) To recognize the regional economic significance of this area and develop policies that advocate responsible economic development strategies. 3) To propose techniques or methods by which the environmentally sensitive areas must be preserved and/or developed with minimal adverse impacts. 4) To propose appropriate land uses and a corresponding transportation network to serve future land uses and public access to the Gulf beaches. 5) To facilitate infrastructure planning through a reasonable estimate of future land use. DEMOGRAPHIC CHARACTERISTICS (v.s. Census Bureau, 2000 Census) POPULATION This area is the one of the highest growth areas within the City's jurisdiction. Figures 2 and 3 illustrate population growth in Corpus Christi as a whole and within the Mustang-Padre Island Area. These figures include actual census counts from 1970 - 2000 and projections through 2050. Area population growth is dependent upon land availability and density of development. Being an island, with significant amounts of natural resources, land availability is limited. The ultimate population and growth will depend upon the factors discussed within this Area Development Plan (ADP). It is important to note that the projection figures are estimates and should be used for long- range planning purposes only. A comparison of Figures 2 and 3 indicates that the growth trend within this area is projected to continue outpacing that of the City as a whole through 2050. With the construction of Packery Channel, development is expected to rise sharply through the next 20 - 30 years and then plateau. At that point, land availability will likely become a limiting factor and area population should stabilize in the vicinity of 50,000. The bulk of the future growth will occur in the areas comprised of Commodore's Cove Unit II, Cape Summer Unit I, Cape Summer Unit II, Lake Padre, Packery Channel, from the Kleberg County Line to the existing city limits and the Gulf beaches of Mustang Island, north of Mustang Island State Park. The demographic makeup of the Mustang-Padre Island Area is not consistent with that of Corpus Christi. Within the area, about 70% of the population is in the 21 - 64 year age group. Meanwhile, the City has about 56% of the population in the same age group. The 0 - 20 year age group makes up about 16% of the Mustang-Padre population, as compared to about 33% for Corpus Christi's population. This is indicative of the area's status as a resort community. The bulk of the population is working age adults, with fewer children than the remainder of the City. Also, there is a slightly higher rate of retirement age (65+) individuals within the area (14%) than the rest of the City (11%). The proportion of married couples with children citywide is about 49%. Meanwhile, within the area, only about 27% of marred couples have children. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 8 Figure 2 - Corpus Christi Population Figure 3 - Mustang-Padre Island Population Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 9 EDUCATION Educational attainment for individuals age 25 and over differs greatly between the area and Corpus Christi. Citywide, about 24% lack a high school diploma or equivalem. That statistic is about 5% for the area. About 45% of Mustang-Padre residems have a bachelor's degree or higher, with 77% having at least some college. In contrast, only about 20% of Corpus Christi residents have a bachelor's degree or higher, with 51% having at least some college. INCOME Median income in the area is significantly higher and the poverty is significantly lower than the remainder of the City. The median household income in Mustang-Padre is about $60,200, while that of Corpus Christi is about $36,400. Also, less than 5.5% of households in the area live below the poverty level, as compared to the City's 17.55%. HOUSING According to the 2000 Census, 8.38% of the total housing units citywide were vacant. For the area, 27.54% of the total housing units were vacant. This is largely due to the preponderance of seasonal housing units in the Mustang-Padre Area. Of the 1,121 vacant housing units in the area, 788 (70.29%) were seasonal units, which catered largely to tourists and winter Texans. Citywide, only 15.95% of vacant housing units were seasonal units. There is a significant discrepancy in median home value between Corpus Christi and Mustang- Padre. In fact, there is a large fluctuation in median home value within the area. The median home value citywide is approximately $72,000. On Mustang Island the median home value is about $154,000, while on Padre Island it is about $216,000. Possible causes for such differences could be property value, age of the housing stock, size of homes or a combination of those factors. CURRENT LAND USE Table 1 shows land use acreages by category. The total acreage of 29,506 acres is the total land area within the Plan area. Water area is specifically excluded. The "Park" category includes parks, beaches and other publicly held lands and accounts for about 57% of area land. A large portion of land in the "Vacant" category, an estimated 3,800 acres or 13% of the total area, is wetlands. This illustrates that developmem is either disallowed or strictly limited in about 70% of the area. Less than 25% of the area's land remains developable, without significant wetlands mitigation. While it is tree that wetlands can technically be developed, the mitigation costs oftentimes are economically infeasible. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 10 Table 1 - Current Land Use Current Land Use* Category Acreage Percent Low Density Residential Single Family 421.4{3 1.43°/= Medium Density Residential Multi'family 84.01 0.28°A High Density Residential High Rise Apartments/Condos 101.8~ 0.35oA Mobile Home 0.72 0.00°A Professional Office 3.7(; 0.01 Commercial 100.6,~ 0.34oA Light Industrial 5.1( 0.02°,{ Park 16,848.74 57.1 (Includes beach, State land, etc.) Public/Semi-public 66.2: 0.22°/, Right-of-way 751.58 2.55% Vacant 11,121.97 37.69% total I 29,506.001 '100.00% *Note: Data was not available for entire area Mustang-Padre Island ~4rea Development Plan Draft October 17, 2003 Page 11 A. ENVIRONMENT Preservation and protection of the Island ecology is critical to the public health, safety, and welfare of the Corpus Christi community and entire region. The Island ecology, including the Gulf beach, dunes complex, and wetlands areas, provides significant benefits to the rest of the region. It is a well-known fact that the Island dunes complex provides the first line of defense to the mainland from hurricane storm surges. The Island wetlands and estuaries provide an aquatic environment to support many species of fish and shellfish for sport and commercial fishing. In addition, the unique beauty and recreational opportunities of the Islands, specifically the beach areas, benefit the local and regional economy significantly. Tourism studies have shown that the Gulf beaches are the number one tourist attraction to the Corpus Christi area by visitors from both inside and outside of the State. In order to balance the need to protect the coastal natural resources of the Islands and to promote economic development on the Islands, the following recommendations are proposed. Some of the recommendations are being implemented by other governmental agencies, i.e.U.S. Army Corps of Engineers, Nueces County, State of Texas, etc. The Plan recommendations are intended to assure City support and are not intended to substitute or establish an overlap or duplication of authority. POLICY STATEMENT A.1 Gulf beaches between mean Iow tide and the line of vegetation must contain no structures or improvements except erosion control measures and limited public recreational structures (fife guard towers, fishing/surf'mg piers, open-air public showers, portable restrooms, traffic control devices, etc.). No paved parking may bc constructed on the Gulf beaches seaward of the foredune ridge. However, unpaved parking would still be allowed, where not specifically prohibited. Paved public parking will be located on the backside of the foredunes with dune walkovers providing pedestrian access to the beaches. POLICY STATEMENT A.2 Prior to issuance of any building permit for a site, all requirements of state law with regard to dune protection and beach access must be satisfied and wetlands will be identified on an approved site plan. The site plan must be consistent with requirements of the Nueces County Beach Management Plan, regarding dunes. Within Kleberg County, the site plan must be consistent with the requirements of the City's Dune Protection and Beach Access Regulations. The Texas General Land Office must be consulted in the determination of dune location and the location and extent of jurisdictional wetlands must be verified with the National Wetlands Inventory, at a minimum. If the presence of wetlands is evident, a preliminary USACE wetlands determination may be required. Mustang-Padre Island ,4rea Development Plan Draft October 17, 2005 Page 12 PROGRAM STATEMENT A.3 Due to the complexity of Island development and the need to protect environmentally sensitive areas, the City will require a formal site plan review process for all commercial and multifamily development on the Islands, in conjunction with the issuance of building permits and beachfront construction certificates. The site plan review process will save permitting time by assuring a thorough review at the beginning of the project. The site plan will clearly indicate the location of dunes, jurisdictional wetlands, floodplains, public beach easement, etc. in relation to any proposed improvements. Site plan approval will be required prior to the approval of any building permit or other land-disturbing activity regulated by the City. The process will include a turn-around time of one week or less (not including appeals process) so the development process is not unduly delayed. The site plan may not necessarily require the services ora professional planner, architect or engineer, if the applicant can provide the required information. The site plan review process will assure coordination between City Staff and facilitate the "one stop" development concept. The site plan must be drawn to scale and must include at least the following (as applicable): A) Parcel or lot dimensions B) The location, proposed use, size, and height of all existing and proposed buildings and other structures C) Yard set backs and space between buildings D) Parking, ingress, egress, circulation E) Grading F) Placement and size of utilities G) Stormwater drainage It) Landscaping and screening I) Zoning including overlays, PUD's and special permits J) Notation of regulatory floodplains and velocity zones K) Finished floor elevations L) Location of signage M) Note regarding the architectural theme of the development and exterior building materials N) Location and extent of wetlands by USACE or National Wetlands Inventory O) Location of all dunes within the dune protection zone and Nueces County Dunes Protection Permit number P) Traffic and wastewater generation estimate Q) Refuse collection facilities for multi-family, commercial, and industrial activities R) Fire protection system S) Other permits required by agencies of authority POLICY STATEMENT A.4 Mustang and Padre Islands will not be considered for sanitary landfills or other solid waste disposal, except for dredge materials. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 13 POLICY STATEMENT A.5 The design and use of naturally regenerating systems for prevention and control of beach erosion are encouraged and preferred over bulkheads and other hard structures and the protection is a reasonable solution to the site where it is proposed. Regenerating systems include, but are not limited A) Beach nourishment B) Planting with short-term mechanical assistance, when appropriate C) Any other method consistent with the recommendations of the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast POLICY STATEMENT A.6 Underwater pipelines carrying materials harmful or potentially injurious to aquatic life and/or water quality must be provided with shut off apparatus at each end of the underwater segment. POLICY STATEMENT A.7 The City will encourage the protection of sensitive wildlife habitats and non-jurisdictional wetlands by considering innovative design techniques, implementation of incentives for developers and allowing higher than typical development density in uplands where practical. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 14 B. LAND USE FUTIYRE LAND USE Table 2 illustrates future land use acreages by category. PLAN STATEMENT B.1 The City Council, hereby, adopts Figures 4 and 5 as the guide for future land use decisions. The intent of the future land use plan is to support environmentally sound, high-density tourist related growth, medium-density mixed uses and residential land use on the Islands. The plan provides for a compatible configuration of activities with emphasis on the protection of residential activities from incompatible activities, the placement of commercial activities at locations with good access and high visibility, and the identification of environmentally sensitive areas that should be preserved. POLICY STATEMENT B.2 The City's plan for development on Padre and Mustang Island includes the following policies: A) High-density residential development will be encouraged along the Gulf side of State Highway 361 north of the State Park to the City limits. B) The development and maintenance of Packery Channel will be vigorously supported. Capital improvement projects located in or serving areas in the Padre Island TIF District are considered a high priority. C) Tourist oriented business and development will continue to be encouraged as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and travel trailer parks. D) Development that is visible from a designated arterial thoroughfare must have a consistent urban design theme integral to creating a "sense of place", enhancing the "visitor experience", and augmenting the ~ overall quality of life. E) To enhance the beauty and aesthetic appeal of Mustang-Padre Island, landscape requirements in corridors will be of a higher standard than is typically allowed elsewhere in the City. The requirement will be 0.04 points (twice the norm) of landscaping per square foot under the current landscape ordinance. Variances, special permits, or other means to reduce the landscaping requirements for development in this Plan Area will be strongly discouraged. Mustang-Padre Island .4rea Development Plan Draft October 17, 2003 Page 15 Table 2 - Future Land Use Future Land Use Category Acreage Percent Traditional Neighborhood (Max. 8 units/acre) 933.6~ 3.04% Multi-family (Max. 36 units/acre) 82.06 0.27o/, Toudst Oriented and High Rise Residential (More than 36 units/acre) 711.48 2.32% Mixed Use Residential 7,763.9.~ 25.31% Mixed Use Toudst 654.17 2.13% Mixed Use Commercial 129.0( 0.42% Dredge Matedal Placement 34.1 (~ 0.11% Commercial 338.53 1.10% Public/Semi-public 139.8(~ 0.46°/` Park 12,905.13 42.06°/, Right-of-way 829.18 2.70°/, Conservation/Preservation (Beach and other areas where no development is allowed/ 6,159.87 20.08°/, Total 30,681.02 100.00°A POLICY STATEMENT B.3 The purpose of the "Mixed Use" land use category in the Future Land Use Plan is intended to provide flexibility to developers. However, this is not intended to imply that a developer is unencumbered in reference to future land use. Rather, the developer is expected to provide integrated land uses with a high quality, functional transportation network, as well as pedestrian and bicycle amenities. Realizing the importance of the "Mixed Use" land use category to the overall economic vitality of the entire city, the highest quality of development is to be expected. In order to obtain these expectations, development within a "Mixed Use" area must occur as a Planned Unit Development. A) Mixed use/residential - A minimum of 90% of the land use by acreage in this category must be residential. Low intensity neighborhood business, medium density residential, recreational and various tourist or water oriented land uses may be integrated as approved by a PUD overlay. "Cluster developments" may be allowed on Mustang Island, west of State Highway 361, provided the density does not exceed the overall density of seven dwelling units per acre. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 16 B) Mixed use/tourist - A minimum of 75% of the land use by acreage in this category must be tourist/water oriented. Uses may include bed and breakfasts, hotels, condominiums, marinas/vessel repair and maintenance, convention facilities, ancillary commercial uses, etc. Such uses may be integrated with other commercial and medium/high density residential as approved by a PUD overlay. C) Mixed use/commercial - A minimum of 51% of the land use by acreage in this category must be retail commercial. Other tourist/water oriented and medium/high density residential uses may be integrated as approved by a PUD overlay. POLICY STATEMENT B.4 The City will amend the Platting Ordinance to eliminate the practice of treating multiple adjacent lots under common ownership as a single lot in lleu of replatting. Current ordinances allowing this practice negate thc City's ability to obtain proper street dedications, park dedications, crc. This will combine such lots into one single platted lot. POLICY STATEMENT B.5 Diversity and creativity in architectural design is necessary to avoid homogeneity and sameness. Contrast and variety within a range of allowable themes is preferable to mandating a specific single architectural theme. In keeping with the stated preferences, this plan requires nautical or coastal themes for all commercial, retail and multifamily development. Such architectural design themes may include elements found in coastal regions such as Cape Cod, Key West, the Carolinas, the Caribbean, Mediterranean, etc. The purpose of this policy is to help create a "sense of place" and increase the quality of architecture found in the area. POLICY STATEMENT B.6 The City will create "Gateway Corridors" that include, but are not limited to Park Rd. 22 and State Highway 361, to recognize and protect the cultural and economic significance of this area. The following requirements will apply to all commercial and multifamily development in designated corridors: · Restriction of metal buildings · Masonry, stucco, brick, stone or pre-cast concrete panel exterior wall construction · Pedestrian amenities · Stringent signage controls · Nautical or coastal architectural theme (Cape Cod, Mediterranean, Caribbean, etc.) · Increased landscaping requirements · Other standards as deemed necessary through the planning process POLICY STATEMENT B.7 - South ETJ Boundary to South City Limits The Texas General Land Office owns this area in its entirety. Currently, the land is undeveloped with only a few oil and gas extraction activities on thc property. Regarding development in this area, the following policies apply: A) Thc area must be preserved as an area of natural coastal habitat while providing for increase public access to the Gulf beaches and the Laguna Madre Shorelines. B) Any use or development of the land or a portion thereof must have a significant beneficial impact on thc region or the state. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 17 Potential uses for this area include: 1) Beach and Laguna access roads at a spacing of approximately 2 miles apart (current spacing is 8 miles) are critically needed for emergency vehicle and enhanced public access 2) Recreational vehicle parks, camping, fishing, hiking, boat ramps, parking, lookouts, etc. 3) Wind and solar power generation on a limited basis may be acceptable 4) Small and large scale desalination facilities on the west side of South Padre Island Drive/Park Road 22 5) Temporary armed services training for national defense 6) Permanent open space preserve POLICY STATEMENT B.8 - South City Limits to Zahn Rd. Regarding development in this area, the following policies apply: A) Padre Isles Property Owners Association will be invited to comment on rezoning cases and the site plan review process. Strip commercial development should be discouraged along South Padre Island Drive/Park Road 22. Commercial proposals providing substantial acreage and a planned commercial cluster are to be encouraged. B) Lower intensity commercial activities will be encouraged at the intersections of South Padre Island Drive/Park Road 22 and Jackfish, and at South Padre Island Drive/Park Road 22 and Aquarius Drive. These two intersections will provide service to a smaller residential population located in the vicinity and will also require less intersection capacity. Therefore, low intensity commercial activities will be appropriate. C) Commercial areas of medium to high intensity will occur at South Padre Island Drive/Park Road 22 and Sea Pines, Encantada, Whitecap, and Commodores Drive. These intersections will provide access to most of the residential population and will require intersection improvements to accommodate future traffic. For these reasons, medium to high intensity commercial activities are appropriate. D) The intersections of South Padre Island Drive/Park Road 22 with State Highway 361 and South Padre Island Drive/Park Road 22 with Whitecap will be developed with high intensity commercial activities. Such commercial activities will serve both the visitor and permanent resident populations. However, heavy commercial activities that might include outdoor storage and/or activities that due to their physical characteristics would not contribute to the visitor environment will not be allowed. Activities generally as considered high intensity commercial include, but are not limited to grocery stores, building material yards, open storage and warehousing. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 18 E) The area referred to as the Village (either side of the high bridge), must be developed under special mixed-use standards consistent with The Village Master Plan. Appropriate development of this site is particularly important since it is one of the first areas that motorists passing over the high bridge will see. F) Property located west of Nueces County Packery Channel Park is proposed for mixed- use/tourist development due to the high visibility location on South Padre Island Drive and access to Packery Channel. Access out of the site must align with the existing median cuts on South Padre Island Drive/Park Road 22 to facilitate future signalization. G) Industrial uses are incompatible with and may threaten low-density residential land uses, the natural environment and the tourist orientation of the Islands. Such uses are to be discouraged from locating on the barrier islands. Several industrial uses are located adjacent to South Padre Island Drive/Park Road 22. Each of these uses must not be permitted to expand. For those industrial uses that are non-conforming, the City will seek removal of the uses unless the property owner can provide sufficient screening and landscaping, thus mitigating the undesirable impacts of the industrial use. Gas and energy production is exempted from this policy, where allowed by law, so long as all pertinent requirements are met. It) The City, County, and State will work together to promote public parking areas in proximity to public beaches. All plans for public beach access and parking facilities on State land must be approved by the Texas Attorney General's office. State law requires that beach access be preserved. However, the local government has the authority to defme the degree of access that is permitted along the beach. Due to the narrow beach area in front of the sea wall, and the safety problems presented by heavy vehicular and pedestrian traffic, the City occasionally blocks off the beach to vehicular traffic. The City has acquired property for a public parking lot (approx. 300 spaces) at a central location behind the sea wall. This will allow the beach segment between Leeward Beach and Whitecap Beach to remain open to pedestrian traffic and use by the public, while being closed by the City or County to vehicular traffic. (This recommendation is also provided in the JFK Causeway Recreation Area Master Plan study.) POLICY STATEMENT B.9 - Zahn Rd. to Port Aransas Regarding development in this area, the following policies apply: A) The area located north of the State Park on the east side of State Highway 361 is planned for high-density tourist/residential uses. A number of high-density condominiums have already been built in this area and it is recommended that these activities be continued on vacant lots in the area. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 19 B) The area north of Zahn Road and east of State Highway 361 extending to the County-owned parkland is planned for high-density mixed-use tourist land uses. This low-lying area has a significant amount of wetlands, which may make it difficult to develop. However, it will have excellent access to the Packery Channel and adjacent commercial areas. Due to its proximity to the proposed visitor-oriented activities along Packery Channel, the area is suitable for commercial beach support activities, such as restaurants, surf shops, etc. C) The area located north of the State Park on the west side of State Highway 361 is planned for residential mixed uses and conservation. Large portions of this area are composed of low- lying wetlands. Due to the sensitive nature of these lands and because the area does not have direct access to the Gulf, a maximum overall residential density of 8 units per acre will be allowed. Cluster-type developments will be encouraged through the use of incentives and are preferred over traditional residential development patterns. Commercial uses at intersections with collectors along State Highway 361 are appropriate. D) Planned commercial uses at the intersection of collector streets may be considered on a case- by-case basis as development pressure occurs. Strip commercial development will be prohibited along State Highway 361, unless professionally recognized access management techniques are provided (marginal access, shared driveways, etc.). This will enhance public safety and preserve the traffic capacity of State Highway 361. Refer to Figure 5 for appropriate placement of commercial land uses. E) A primary goal is to acquire parkland dedication committed from the Terra Mar Subdivision. The preferred locations for the park acquisition are adjacent to the Wilson Cut near State Highway 361 or adjacent to Corpus Christi Bay to facilitate water related recreational activities. F) Preserve and enhance public beach access at approximate one half-mile intervals. G) Vehicular access along the Gulf beach shall not be restricted unless necessary for public safety. POLICY STATEMENT B.10 -JFK Causeway Regarding development in this area, the following policies apply: · .:~ A) The bait and fishing stands located along the John F. Kennedy (JFK) Causeway are at the primary entrance to the Island and are among the first sights visitors see of the Island. The City will place a high priority on the visual enhancement of this area. B) Paved parking and structural improvements will be required. C) The City will encourage efforts to beautify, enhance, preserve and protect the area. Mustang-Padre Island .4rea Development Plan Draft October 17, 2003 Page 20 POLICY STATEMENT B.11 Utility lines will be placed underground, where possible, and will minimize disturbance of wetlands, dunes, or other sensitive habitats. This will improve the aesthetics of the area and improve public safety, particularly in times of weather emergencies. A) The installation of new electrical, telephone or other utility lines along expressways, arterials, and collector streets, or the substantial expansion of existing elec~cal, telephone, or other utility lines along these roadways must be accomplished underground or underwater. B) To the extent practicable, all new utility lines must be located or constructed within existing utility corridors. Existing utility lines are to be relocated underground wherever possible, as the City and/or State undertake highway-widening projects. POLICY STATEMENT B. 12 As indicated by Senate Bill 478 of the 70th legislature, the State, for any State land proposed to be leased for non-governmental purposes, may develop a plan in the best interest of the State to secure needed zoning or other land-use regulation from the City. The City will work together with the General Land Office to formulate a plan and appropriate zoning regulations to allow development to take place in an orderly manner. Once approved by the City and the State, such plans will enable the City to apply all agreed to development ordinances and standards. POLICY STATEMENT B.13 To insure compatibility of energy production activities and tourist-oriented development, the City will develop design compatibility guidelines and require new oil and gas producers to conform to these standards. Development plans for extraction or support facilities will undergo site plan review and inspection for compliance and appropriate screening will be required. POLICY STATEMENT B.14 Evaluation of proposals for specific recreational vehicle (RV) sites will be based on compatibility with existing and future land use, access to arterials or expressways, access to beach/water areas, access to wastewater facilities, and the evaluation criteria in this section. The Islands are the number one destination point for visitors that come to Corpus Christi and because of the sensitive island ecology, RV sites must be strategically located on the Islands. In addition, access to the City wastewater system is preferable to the installation of septic systems to serve these activities. Existing RV sites include the County's Padre Balli Park, Mustang Island State Park and the Padre Island National Seashore. Applicable design standards pertain to design of internal access drives, travel trailer spacing, maximum density, recreational areas, lighting, signage, refuse disposal, and the accessory uses allowed within the park. Additionally, T-lA Zoning District regulations require that the travel trailer park be screened from public streets, highways, and adjacent property by a standard screening fence. POLICY STATEMENT B.15 The following additional criteria will be applied to the evaluation of RV proposals: A) The proposed travel traller/RV park will be located with direct access to an arterial street, or interstate highway as indicated on the adopted City's Urban Transportation Plan. B) Sufficient infrastructure will be in place, or provided by the developer, to serve the needs of the proposed RV park. Mustang-Padre Island .4rea Development Plan Draft October 17, 2003 Page 21 C) A landscaping plan will be required for the purpose of creating an attractive RV park and an aesthetically appealing view from adjacent public rights-of-way. Minimum design objectives for RV park landscaping will be: a. A 30-foot greenspace/open area, to be landscaped and maintained by the property owner, must be provided along the periphery of the RV park when adjacent to a single-family residential zoning district. b. Palm or Live Oak plantings along all street frontages. Trees must be planted at 30-fi. on center, within 5 feet of the right-of-way line and a minimum of 7-foot trunk height. c. Landscape screening (oleanders, salt cedars, etc.) along arterial and collector frontages D) A site plan will be submitted with the zoning application indicating, in detail, the following: 1) Internal access drives 2) Travel/RV spaces or lots 3) Location and type of accessory uses 4) Parking spaces 5) Location and size of recreation/amenity area, including restrooms with showers, laundry facilities, playground, and public facilities 6) Signage (interior and exterior) 7) Location and screening or refuse containers 8) Landscaping (interior and exterior) 9) Landscape screening 10) Sidewalks (if proposed) 11) Boat launching facilities (if proposed) POLICY STATEMENT B. 16 The minimization of curb and median cuts along South Padre Island Drive/Park Road 22 and State Highway 361 is a primary objective of this plan. Median breaks and curb cuts along South Padre Island Drive/Park Road 22 and State Highway 361 will be allowed only at intersections with roadways designated as collector or arterial. To reduce future curb cuts and create a more unified type of developmem, the City will encourage marginal access along South Padre Island Drive/Park Road 22 and State Highway 361. To encourage efficient circulation, future signalization, etc., median and marginal access road curb cuts must not be offset. Such cuts will be directly across from each other, allowing safer crossing of the roadway. A) Many of the properties along South Padre Island Drive/Park Road 22 have narrow lot widths (25'). This creates the potential for numerous curb cuts and a haphazard type of commercial development. B) The City will amend the Platting and Zoning ordinance to include minimum lot size requiremem for each residential and commercial district in this area. This amendment will help prevent inadequate lot sizes and the potential for a proliferation of curb cuts similar to the current situation on South Padre Island Drive/Park Road 22. C) The sharing of driveway access by adjacent lots will be encouraged and incentives created to accomplish this objective. Mustang-Padre lsland Area Development Plan Draft October 17, 2003 Page 22 C. TRANSPORTATION POLICY STATEMENT C.1 No changes to the Corpus Christi Urban Transportation Plan map are recommended at this time. Any policy in this section that suggests changes to the Urban Transportation Plan will be implemented as an amendment to that plan. Figures 6 and 7 illustrate the Transportation Plan for this area. POLICY STATEMENT C.2 Emergency access offthe Islands is important now and will become more important as the Island population grows. The City, in coordinating with the federal, state, and county governments, will develop a long-term emergency action plan for maintaining sufficient emergency access off the Islands. PROGRAM RECOMMENDATION C.3 The City will develop a program that will identify those public or public/private transportation improvements that would directly benefit the local tourist industry. Once identified, these potential improvements will be prioritized through cost/benefit analysis and incorporated into the Capital Improvements Program. POLICY STATEMENT C.4 The City reserves the opportunity to create a second elevated bridge structure crossing of the Laguna Madre as part of the proposed South Loop project. A) The Texas General Land Office now owns most of the property south of the Kleberg County line. This severely limits the amount of development possible in that portion of the area. Therefore, the absolute need for such a crossing has been greatly diminished. B) For the foreseeable future, the improvements to the J.F. Kennedy Causeway will be sufficient to handle emergency access off the Islands. C) Thc purpose of the second crossing would be to direct traffic away from the City and to relieve the traffic demand at the interchange of South Padre Island Drive and 1-37. Experience has shown that during hurricane emergencies, traffic backs up on South Padre Island Drive and portions of 1-37. The second crossing should be linked-up with the regional transportation network such that traffic is funneled away from the City without further exacerbation of these problem areas. D) Should development and population trends indicate a possible need for such a crossing, a feasibility study will be undertaken which addresses: Need Location · Timing · Cost and funding · Economic and environmental impacts · COBRA implications Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 23 POLICY STATEMENT C.5 To facilitate access management on South Padre Island Drive/Park Road 22 and State Highway 361, future development will require access controls, i.e. marginal access drives, shared driveways, shared parking, etc. Implementation may occur via the Transportation Plan or incentives such as parking credits. POLICY STATEMENT C.6 The linear nature of the barrier islands creates long, straight stretches of road conducive to high- speed vehicular travel, namely State Highway 361. The City will minimize direct driveway access to this roadway to promote public safety, minimize access conflict points and preserve road capacity. One suggested concept, illustrated in Figure 8, was designed with the input of the Mustang-Padre Island Stakeholders Group. Design objectives will be: A) Provide parallel marginal access roadways to compliment the ultimate development along State Highway 361 B) Only streets designated as collectors or arterials will be allowed to directly intersect State Highway 361. All other roadways would access State Highway 361 via the marginal access roads. C) Provide bicycle lanes along the marginal access roadways to facilitate tourism and public safety D) Curbs and gutters with adequate stormwater drainage system E) Ample landscaping to promote an a~active, tourist-oriented environment POLICY STATEMENT C.7 Development trends and patterns support the following standards, as illustrated on the City's Transportation Plan, for public beach access roads. Spacing is approximately 1/2 (one- half) mile in Nueces County Beach areas on Mustang and Padre Islands. In Kleberg County the spacing standard for public beach access roads is 1 - 2 miles. This design standard will provide sufficient access while discouraging unnecessary cuts through the dunes. POLICY STATEMENT C.8 The City will pursue grant funding for acquisition and improvement of public beach access in cases where the platting process does not obtain sufficient pedestrian and vehicular access. POLICY RECOMMENDATION C.9 The City supports locating terminal sites for high-speed water transportation in the area. Possible locations include Packery Channel and the Intracoastal Waterway. However, any proposed site must be located and designed to mitigate any negative noise, traffic, or other effects that would be detrimental to adjacent existing/proposed uses. Providing a buffer of open space, screening, landscaping, terminal design and orientation, etc. may reduce such negative effects. A) Thc Zoning Ordinance may bc reviewed and amended, if necessary, to address water transportation terminal sites. Development of any water ~ransportation terminal site must be reviewed by the Planning Commission/City Council to assure appropriate buffering measures will be built into the terminal design. B) Initially, emphasis will be placed on locating a terminal site to accommodate the visitor or day-tripper population. The primary market for the HSWT is expected to be the visitor or day- tripper, rather than the commuter. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 24 D. PUBLIC SERVICES POLICY STATEMENT D.I - PARKS & RECREATION Thc City will research possible additional funding mechanisms to facilitate beach cleaning. The current beach fee system does not fully fund beach cleaning operations. A report on the research findings will be submitted to the Director of Parks and Recreation and the Parks and Recreation Advisory Committee. Possible funding options may include: A) Increases in the current fee and permit system B) Federal and State grants C) Creation of day-use areas that require an entry fee POLICY STATEMENT D.2 - PARKS & RECREATION The park dedication requirement in the Platting Ordinance will be amended to specify that the developer will be required to make specified park improvements concurrent with the residential development. This will help improve the delivery of park services and ensure the adequate development of parks. POLICY STATEMENT D.3 - PARKS & RECREATION This policy statement is in reference to the dedication of parkland (45.95 acres) in the Commodore's Cove Unit II, Cape Summer Unit I and Cape Summer Unit II developments. The requirement for obtaining the required park dedication will be: Commodore's Cove Unit II - the developer will fully improve the existing Commodore's Park to standards approved by the Parks and Recreation Advisory Committee using monies-in-lieu of land dedication. Cape Summer Units I and II - the developer will provide a fully improved park, 10 acres in size. The park located in the Cape Summer development must be centrally located to both Unit I and Unit II. Such park improvements must also be to standards approved by the Parks and Recreation Advisory Committee. This policy, therefore, requires that of the 45.95 acres of park dedication, 10 acres will be in land and the remaining will be monies-in-lieu. The developer will use such monies, exhausting the remaining amount, to complete the aforementioned improvements and must do so before the residential development is 50% complete before the City will accept such dedication. POLICY STATEMENT D.4 - PUBLIC SAFETY The City will keep statistics on the number of crimes where the criminal element uses the canal system for access or escape. Currently, the number of crimes that have occurred with access/escape from the water areas is not known but it is believed that there is not a problem of sufficient magnitude to warrant a water patrol. Monitoring of this concern will allow the City to identify trends and determine when a water patrol might be necessary. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 25 POLICY STATEMENT D.5 - PUBLIC SAFETY The City will pursue an interlocai agreement with Kleberg County regarding policing of the beach between the city limit line and the National Seashore. The distance between this stretch of beach and Kingsville, where the Kleberg County Seat is located, is a deterrent to proactive law enforcement efforts. The public safety would be well served by enhanced law enforcement presence. POLICY STATEMENT D.6 - STORMVqATER SYSTEM The City will conduct a critical analysis and needs assessment of the area's storm drainage system and amend the Storm Water Drainage Master Plan as determined necessar3, based on the study's results. This is considered to be a high priority. POLICY STATEMENT D.7 - WATER AND WASTEWATER SYSTEMS Figures 9 and 10 illustrate existing City water and wastewater mains and provide projections for ultimate growth. These figures will be used for planning for future expansion of the water and wastewater systems. POLICY STATEMENT D.8 - PROVISION OF SERVICES The City will support and facilitate the creation of a public improvement district to provide public infrastructure improvements in portions of the area not adequately supported by existing public infrastructure. The City would finance such improvements and assess the costs in an equitable manner among district properly owners in accordance with Chapter 372 of the Texas Local Government Code. POLICY STATEMENT D.9 - PROVISION OF SERVICES The area south of Mustang Island State Park receives all services from the City of Corpus Christi. Nueces County Water Improvement District No. 4 provides water and wastewater services to the State Park and areas north of the State Park, with the City providing all other services. This arrangement will continue for the foreseeable future. The City will continue to work closely with the District in the future to identify issues and ensure adequate provision of infrastructure and services to the District's service area. This will include: A) Creation of joint/compatible development standards between City and District No. 4 B) Provision of adequate and reliable water services to all area property owners C) Provision of adequate and reliable wastewater services to all area property owners Mustang-Padre lsland ~4rea Development Plan Draft October 17, 2003 Page 26 E. DUNE PROTECTION INTRODUCTION State law requires all coastal counties (or coastal cities that have been delegated authority by counties) to protect critical dunes and dune vegetation from direct or indirect adverse effects of construction in a critical dune area or seaward of the dune protection line. The sand dunes that lend beauty to the coastal landscape also serve an invaluable practical purpose - they give resilience to the barrier island shoreline. Sand dunes are a coastal community's front line of defense against tropical storms and hurricanes. By absorbing the force of the storm surge, critical sand dunes help prevem inland property loss and the loss of lives. Protecting critical sand dunes is the least expensive and most efficient defense against storm-surge flooding and beach erosion. Critical sand dunes prevent or delay intrusion of floodwaters into inland areas. Dunes hold sand that replaces eroded beaches after storms and buffer windblown sand and salt spray. This natural defense can be strengthened by increasing the height and stability of existing dunes and by building new ones. The growth of coastal population and the increasing development and recreational use of the barrier islands, threaten the stability of the dune environment. Construction and heavy recreational use of the beaches and dunes contribute to dune deterioration. The vegetation that secures sand is destroyed, sand is lost, and roads, trails and storm runoff breach the dune ridge. Dune damage that results from human activities accelerates the damage caused by the ever-present wind and wave action. Inland areas become mom vulnerable to hurricanes and tropical storms when the continuous dune ridge is weakened. Protecting dunes also preserves and enhances the beauty of the coast. To succeed, dune improvement and protection efforts must be undertaken by federal, state, and local government entities. But even more valuable are dune protection efforts by property owners who recognize the value of a viable dune system. DUNE PROTECTION LINE POLICY STATEMENT E.1 The City will continue to enforce dune protection and beachfront construction regulations in Kleberg County and will continue to encourage Nueces County to delegate dune protection authority to Corpus Christi for areas within the City's jurisdiction. The City has been authorized to establish and enforce dune protection regulations in Kleberg County and has requested such authority from Nueces County. The Dune Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 27 Protection Line as established by the City of Corpus Christi, in the City's corporate boundaries in Kleberg County will be effective for Nueces County upon delegation. This Dune Protection Line generally coincides with the maximum allowable distance by state law - 1,000 feet landward of mean high tide at the shoreline of the Gulf of Mexico. This line will also coincide with Nueces County's existing Dune Protection Line, which has been in effect since 1973. The Dune Protection and Beachfront Construction boundaries are illustrated in Figure 11. POLICY STATEMENT E.2 The only exception to established dune protection policy is the area landward of the North Padre Island Seawall ("Seawall"). The City will continue to support exemption of the Seawall area from dune protection guidelines. Several important factors distinguish thc area behind the Seawall from all other areas adjacent to thc Gulf of Mexico within Nueces County: A) The dunes located landward of thc Seawall do not meet the following criteria for critical dunes: 1) Sand does not return to beach 2) Isolated area does not contribute to dunes systems to north or south 3) The Seawall serves as protection from storm surge and no dunes exist to provide the same protection in this area. B) The area is protected from storm surges by the significant Seawall improvements of the Padre Isles and Lake Padre developments. C) The area between the Seawall and Leeward Drive is completely outside the 100-year floodplain as designated by the Federal Insurance Administration. D) The area landward of Leeward Drive is within flood zones Al3 (elevations 9 or 10 feet above mean sea level): the same flood designations as most of the Padre Isles development. For the reasons stated above, the man-made dunes west of the concrete seawall are not "critical dunes" and are not subject to dune protection regulations. DUNE PROTECTION PERMIT E.3 The Dune Protection Line serves to identify which dunes are "critical dune areas" as def'med by state law. Its placement determines what areas within a proposed development require a Dune Protection Permit before construction may begin. The City of Corpus Christi will administer the Dune Protection Permit process for those areas within its city limits and its extraterritorial jurisdiction within Kleberg County. However, in Nueces County, Corpus Christi has not been granted dune protection authority. As such, it is the only city on the Texas Gulf Coast that has not been delegated dune protection authority by its respective county. Because of separate jurisdictional authority, coordination between the City, Nueces County and Kleberg County will be critical to the success of the City's Dune Protection Regulations and its administration. This coordination will ensure that the policies and objectives of the Texas Coastal Management Program will be implemented in an efficient manner. Specifics on the regulatory requirements of the City of Corpus Christi's Dune Protection Permit are contained in the "Dune Protection and Beach Access Regulations" under applicable sections addressing dune protection. Portions of the Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 28 plan dealing with dune protection include required findings, prohibited activities, and the "mitigation sequence" of development in or near critical dune areas. The mitigation sequence consists of four basic alternatives to dune protection. These four alternatives include avoidance, minimization, mitigation, and compensation and are addressed in detail in the Dune Protection and Beach Access Regulations, Chapter 10 of the City Code. POLICY STATEMENT E.4 The City will continue to pursue delegation of dune permit authority by Nueces County in order to create a single approval authority for dune permitting, beachfront construction certificate and platting. This will facilitate the "one-stop" development process adopted by the City. The current process of obtaining approval of a proposed development requires that the County and the City both approve a plan. The submission, presentation and fees are redundant. The current process is a hindrance to economic development within City jurisdiction and gives other cities, like Port Aransas, a competitive advantage in attracting development. Nueces County granted Port Aransas dune protection authority in 1986 and Kleberg County granted the same to Corpus Christi that same year. The City of Corpus Christi maintains that it is at least as qualified to hold such authority. POLICY STATEMENT E.5 Ali pedestrian walkovers will be built over the dunes with ramps in a manner that does not require cutting through or removal of the dunes. Such structures must comply with the recommendations of the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 29 F. BEACH ACCESS PURPOSE AND SCOPE The purpose of this section is to preserve and enhance the public's right to use and have access to and from the public beach and to support the providing of standards certifying construction on land adjacent to the Gulf of Mexico consistent with such public rights. The geographic scope of the City's jurisdiction for beach access includes all areas within the City's corporate limits and its extraterritorial jurisdiction on Padre and Mustang Island located between the Gulf beach and the closest paralleling public roadway or 1,000 feet, whichever is greater. In addition, the City is authorized to regulate the platting of property and to annex properties within the City's extraterritorial jurisdiction. Two areas are exempted by General Land Office rules fi.om local beachfront construction certification requirements. These exempted areas are the Mustang Island State Park and the Padre Island National Seashore. The City is requesting State and Federal agencies controlling beachfront property to provide enhanced access and parking facilities. In addition, certain uses and development such as oil and gas exploration and livestock grazing are exempted from the requirements of a dune protection permit, but not a beachfi'ont construction certificate. Shoreline areas experiencing erosion are of particular concern, as any structures located adjacent to these areas will be at the highest risk of damage in the shortest time period. Under rules established by the General Land Office, which are applicable to both beach access and dune protection review procedures, construction in the eroding areas must be responsive to the risk of erosion in the future. An erosion area boundary has been identified through utilizing erosion data provided by the Bureau of Economic Geology. This boundary projects potential erosion 50 years into the future. Additional construction standards will apply within this area. These standards are included within the Dune Protection and Beach Access Regulations. EXISTING BEACH ACCESS Approximately 24.7 miles of public beach is within the city limits and extraterritorial jurisdiction of the City. Currently, seven vehicular roads provide public access to the 14.7 miles of public beach within the Corpus Christi's area of control with 3 additional beach access roads located within State and National parks. An additional 10 miles of beach are in either the exempted areas of the Mustang Island State Park or the Padre Island National Seashore. Beach Access Road # 2 is located approximately one-half mile north of the northern boundary of Mustang Island State Park. This is the only beach access road between the State Park and Beach Access Road # 1, located approximately 7.3 miles north of Beach Access Road #2 and 3.6 miles north of the Port Aransas city limits. All of the remaining ten beach access roads within the City of Corpus Christi's area of control are concentrated within a four-mile area between Beach Access Road #3 and Beach Access Road # 6. This area includes the Seawall and Nueces County's Padre Balli Park and Packery Channel. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 30 The Mustang Island State Park entrance road provides the only vehicular access to the two-mile long public beach between Fish Pass and south to the vehicular barrier located 0.3 miles north of Beach Access Road #3. Beach Access Road #3 is located within Mushang Island State Park and approximately 3/4 mile north of the State Park's southern boundary. It provides access to the beach between the State Park's vehicular barrier on the north side of Corpus Christi Pass and Zahn Road. Beach Access Road "North", as it is commonly referenced, is located approximately one mile south of the northern boundary of the Padre Island National Seashore. This road provides the only beach access road between Beach Access Road # 6 and the vehicular barrier just south of Access Road "North" at the north end of the National Seashore, a distance of approximately eight miles. A barricaded parking and day-use area exists on a portion of the public beach between Padre Balli Park entrance road and Bob Hall Pier. Vehicular traffic is routed immediately landward of both of these areas. Currently, most of the public beach within the City's jurisdiction is fully accessible to vehicular traffic and public parking on the beach. The only restriction on vehicular traffic and public on-beach parking exist along the Seawall. Public parking is prohibited and vehicular traffic is restricted to one-way southbound along the Seawall because the public beach has eroded to the point that the remaining narrow beach area will not permit safe two-way traffic or parking. POLICY STATEMENT F.1 The City of Corpus Christi will continue the issuance of Beachfront Construction Certificates within the City's area of jurisdiction. The purpose of the Beachfi'ont Construction Certificate in regard to beach access is to ensure the rights of the public are being adequately protected. BEACH ACCESS POLICIES F.2 This section provides the long-range policies and objectives addressing vehicular and pedestrian access to the public beaches and public beach parking. The General Land Office (GLO) rules are very specific as to the requirements of a beach access plan. The central concern as stated in the Purpose section, is to protect the public's right to use and have access to and from the public beach and of providing standards certifying construction on land adjacent to the Gulf of Mexico consistent with such public rights. Mustang-Padre Island ~4rea Development Plan Draft October 17, 2003 Page 31 The City must achieve, at a minimum, the following policies and objectives: A) Dedication of collector roadways, as a function of platting, will be utilized as much as possible to protect the public right to beach access and enhance public safety. B) Park dedication, where feasible, will be used to complement the acquisition of public beach access and public parking for beach users' vehicles. C) The City will regulate pedestrian and vehicular beach access, traffic, and parking on the beach only in a manner that preserves or enhances existing public right to use and have access to and from the beach. D) The City will not pursue closure of any portion of the public beach to vehicular traffic, without an overwhelming public safety concern. However, protected pedestrian and beach user areas may be provided on the beach, only as considered necessary for public safety. The purpose of the protected areas is to separate vehicular traffic from pedestrian and beach user areas while also providing through movement of traffic. E) The City will not impair or close an existing access poim or close a public beach to pedestrian or vehicular traffic without prior approval from the GLO. For the purposes of this Plan, beach access and use is presumed to be preserved if the following criteria are met: 1) Public parking on or adjacem to the beach accommodates a minimum of one car for each 15 linear feet of beach. 2) Where vehicles are prohibited from driving on and along the beach, public pedestrian access ways are no farther apart than 1/2 mile. The minimum spacing may be reduced based on factors such as existing beach access roads, dune formations, washouts, breaches, blowouts, wetlands, platt'mg, blockage of ownership, and existing development. However, each ingress/egress access way for pedestrians must be based on the minimum spacing of 1/2 mile. 3) Signs conspicuously explain the nature and extent of vehicular controls, parking areas, and access points. The City may establish its own beach access and use standards for GLO approval and certification if the GLO finds that such standards preserve and enhance the public's right to use and access the public beach. F) It is an objective to provide portable public restrooms, showers, drinking water fountains, and other such amenities at locations where the highest beach use occurs. G) It is an objective to provide oversize parking stalls to accommodate oversize vehicles wherever public parking areas are provided. H) The City will not abandon, relinquish, or convey any right, title, easement, right-of-way, street, path, or other interest that provides existing or potential beach access, unless an alternative equivalent or better beach access is provided. 1) The City will pursue the development of off-beach public parking as soon as possible in order to enhance public beach access and to ensure public land ownership and access along the Gulf beach. Improvement of the seawall parking lot is considered to be a high priority. The City will develop sufficient facilities to allow for prohibiting vehicle movement on the beach, should it become necessary. Such provision is determined to serve park/recreation objectives at the local and state levels. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page $2 BEACH ACCESS PLANNING AND DESIGN F.3 The existing beach access system may be adequate now and in the near future for assuring adequate access to the public beach. However, numerous natural and man-made processes have caused significant erosion of the public beaches along the Gulf Coast, including Mustang and Padre Islands. Figure 12 is an invemory of the Beach Access System. If these processes continue, as they are projected to, the public beach may become so narrow that continued vehicular use of the beach might be physically impossible or pose a threat to public safety. Future opportunities for providing public access to the public beach may be seriously diminished as development of private property landward of the public beach occurs. Also, the increased use of public beaches will create conflicts with vehicular and pedestrian movement. In consideration of the aforementioned variables, the City will pursue and support the following policies: A) Continue to allow vehicles on the beaches within the City's area of jurisdiction except where it is determined to be in the overall public safety interest to prohibit vehicles. B) The City will endeavor to provide additional beach access. Additional beach access roads would provide access from either State Highway 361 (See Figures 6 and 7), South Padre Island Drive/Park Road 22, or additional public roadways constructed to preserve public beach access. To fulfill this objective, the City's Transportation Plan provides for the following: · In the Kleberg County portion of the City's ET J, three additional beach access roads will be provided at approximately two-mile intervals. · North of Mustang Island State Park, the City will use dedication or condemnation to ultimately provide beach access roads a~ approximately one-half mile intervals. C) There will be no greater distance than one-half mile between public pedestrian beach access ways, should the adjacent public beach limit vehicular access. D) Off-beach parking facilities will be made sufficient to meet the long-term need for accommodating beach users' vehicles. E) No person will create, erect or construct any obstruction, barrier, or restraint that will interfere with the free and unrestricted right of the public to enter or leave or use any public beach. However, protection of private property from damage or intrusion caused by the public may be allowed if in compliance with the Open Beaches Act. Mustang-Padre Island Area Development Plan Draft October ! 7, 2003 Page 33 G. PACKERY CHANNEL PURPOSE AND SCOPE The purpose of this section is to express the intent and policies of the City in regard to Packery Channel and related issues. This will include the three phases of the Packery Channel development project and the related Tax Increment Finance District. Two important factors relating to Packery Channel are the protection or enhancement of the environment and the potential for related economic development to the local economy. The Packery Channel offers benefits in both of these areas. According the Environmental Impact Statement prepared by the USACE, this conclusion is supported by: A Storm Damage Reduction and Environmental Restoration Project at North Padre Island, Texas (Project) is authorized by Section 556 of the Water Resources Development Act of 1999 (Public Law 106-53). The House of Representatives Conference Report (H.R. 106-298) further identifies Congressional intent for this authorization to be the proposed non-Federal sponsor's project at Packery Channel in Nueces County, Texas. The non-Federal sponsor is the City of Corpus Christi. The Project consists of construction of a channel between the Laguna Madre and the Gulf of Mexico across North Padre Island, referred to as Packery Channel. The U.S. Army Corps of Engineers, Galveston District, has prepared an Environmental Impact Statement (EIS) to address Project impacts. Dredging Packery Channel will provide sand for nourishment of the eroding beach at Packery Channel that will result in future storm damage reduction to North Padre Island. The Project will also create a water exchange pass between the Laguna Madre that will result in ecosystem restoration. Three alternatives are examined and include Packery Channel, Fish Pass (a channel north of Packery channel), and South Alternative (a channel south of Packery Channel). The environmental benefits of all alternatives are small. Because of larger environmental impacts from the Fish Pass and South Alternative, Packery Channel was selected as the final alternative in the EIS. · The selected Project consists of dredging a 12-foot deep by 122-foot wide channel (280-foot span crest to crest of shoreline armoring) to connect the existing Packery Channel to the Gulf of Mexico and dredging the existing channel to a depth of-7 feet (mean sea level) and a width of 80 feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet. Approximately 967,500 cubic yards of material will be dredged during construction, most of which will be placed on the beach south of the proposed jetties. Sandy maintenance material from the channel east of the SH 361 Bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrifi side of the jetties. Approximately 15,000 cubic yards of estimated maintenance dredging every 5 years will be placed in a confined upland site. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 34 · A 1997 HSGA study projects that the project will positively impact, both directly and indirectly, the local job market. The study finds that by 2018, the project will have produced some 3,500 new jobs. The new employment will provide an additional $13.8 million in annual wages to thc area's economy. · The HSGA study also projects that the new Packery Channel will result in an additional $42 million spent by visitors to the area by 2008. That figure increases to $89 million by 2023. In terms of existing investment in infrastructure (roads, wastewater, water system, etc.) by the City, the Packery Channel, relative to the other alternatives is in a far better location to make efficient use of the existing infrastructure. Furthermore, the Packery Channel location will encourage more compact future development, rather than providing a catalyst for growth to the north or south in undeveloped areas. POLICY STATEMENT G.1 The City will vigorously support and encourage the development and improvement of Paekery Channel for the purpose of providing a recreational boat pass and enhanced water exchange to the Laguna Madre from the Gulf of Mexico (See Figure 13). The project will provide greatly improved recreational facilities, economic development potential on adjacent public and private lands and will re-nourish adjacent Gulf Beaches. The Packery Channel Project, when completed, will provide a world-class multipurpose development unique to the Texas Coast with the potential to attract tourists from all over the state and nation. The project is consistent with John F. Kennedy Causeway Recreation Area Master Plan Study adopted by the Texas General Land Office in 1990. POLICY STATEMENT G.2 State land, leased by the City, on either side of the Packery Channel must be developed in a manner consistent with Dune Protection and Beach Access Regulations and in accordance with the Texas General Land Office. A major goal for the City will be to provide a world-class public recreational opportunity for the visiting public and citizens of Corpus Christi and to achieve a combination of recreational and tourist-oriented economic development. POLICY STATEMENT G.3 Private land located north and south of the Packery Channel must be developed with a mix of high-density/intensity tourist oriented commercial and residential activities. Development standards for these areas will be of a very high order requiring abundant landscaping, a consistent urban design theme and public improvements that exceed standard requirements. Consideration must be given to allowing outdoor repair and maintenance facilities for boats and other vessels as such a use is warranted by development patterns and demand. POLICY STATEMENT G.4 A navigable connection between Packery Channel and Lake Padre is considered a priority. Such a connection will facilitate the development of a future marina capable of accommodating sailing and power vessels and will provide sufficient water access to Lake Padre residents and business owners. Any future street or bridge crossings of this channel will not be allowed, as it would hinder the ability of larger vessels to access Packery Channel. MustanR-Padre Island Area Development Plan Draft October 17, 2003 PaRe 35 H. CAPITAL IMPROVEMENTS The purpose of this chapter is to outline the capital improvements needs as identified in the Mustang-Padre Area Development Plan. Each project will be identified by type of improvement (water, street, etc.) and a description of the project will be included. These projects will be considered for possible inclusion in future capital budgets. For reference, Appendix C includes the Areas short-term and long-range capital improvement needs as identified or programmed in the "Fiscal Year 2003 Capital Budget and Capital Improvement Planning Guide." POLICY STATEMENT H.1 Following the adoption of the Area Development Plan, Staff will incorporate the Plan capital improvements into the overall eitywide Capital Improvement Program in keeping with the overall prioritization and funding available at the time. PLAN IDENTIFIED CAPITAL IMPROVEMENT NEEDS H.2 PARK AND RECREATION 1) Seawall design objectives must include: A) Construction of a public parking lot on city land adjacent to the seawall B) Creation of a pedestrian promenade from the proposed public park lot at the seawall to the beach C) Public safety improvements along the length of the seawall need to be addressed including, ADA compliance, public lighting, safety hand railing, shade, etc. 2) The City will place a high priority on creating a specific Beach Master Plan, according to recommendation in the Parks, Recreation and Open Space Master Plan. The Beach Master Plan will include the following elements regarding all Gulf beaches and City park land adjacent to the Laguna Madre: Facilities such as bathhouses, showers, portable toilets, etc. Access facilities - parking, dune walkovers, day use areas, etc. · Boat ramps and/or portage areas · Shade structures and pavilions · Beach maintenance and operations facilities · Other associated recreational facilities 3) Packery Channel Improvements - Design objectives for recreational improvements will include: · Creation of infrasla-ucture to support small to mid-sized special events, etc. · Concessions Bath houses and restrooms on both sides of the channel · Boat ramps · Public fishing facilities · Adequate parking, including spaces for vehicles towing boat trailers Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 36 PUBLIC HEALTH AND SAFETY The City will create a water exchange between the existing Padre Isle canal just north of Cruiser St. and Lake Padre. Such an improvement would improve the water quality and decrease stagnation in that section of the Padre Isles canals. STREETS 1) The City will fund improvements to enhance pedestrian and bicycle amenities along South Padre Island Drive/Park Road 22. The aim is to make this thoroughfare safer for alternative modes of transportation. Such improvements may include: · Pedestrian-friendly intersections · Sidewalks · Bicycle lanes · Wider shoulders 2) The public rights-of-way along South Padre Island Drive/Park Road 22 and State Highway 361 will be landscaped to provide a more aesthetic environment. A design will be developed and installed that beautifies these transportation corridors. The landscape theme will be consistent with the area environment and include plantings such as palms and oleanders. These improvements would, ideally, be undertaken by the State, perhaps with City participation. Designs will be developed depending on availability of material, etc. such as: · Continuous row of oleanders in the median · Dwarf oleanders and grass in parkway areas · Intersection landscaping on South Padre Island Drive/Park Road 22 at the intersections off State Highway 361, Whitecap, and Encantada. · The intersection landscaping must adhere to requirements of the City's driveway ordinance and be designed so that sight triangle distances will not be blocked. 3) In order to take advantage of elevation improvements to the JFK Causeway and to accommodate emergency access off the Islands, the City will, where feasible, elevate existing major intersections (arterial to arterial, arterial to collector, collector to collector) to an elevation equal to the lowest elevation of the improved JFK Causeway. Major intersections with an elevation lower ,than that of the improved JFK Causeway should be considered in the Capital Improvements Program for improvement. 4) The City will make safety improvements to the intersection of Encantada and South Padre Island Drive/Park Road 22. The current configuration is confusing and creates an unsafe point of conflict, particularly for motorist a~tempting to enter northbound South Padre Island Drive/Park Road 22 from Encantada Avenue. STORMWATER The City will commission a study to determine the environmental impacts that future chaunelization will have on the Island environment, flora and fauna, and water table. Channelization often occurs with residential and marina developments and as a storm drainage feature. Channels, however, introduce brackish water inland, which may have negative environmental consequences and could possibly conflict with the City's plans for a desalination plant. The study will determine the extent of impact future channels could have on the overall environment and recommend to what extent such channels should be allowed or disallowed. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 37 WASTEWATER Prior to annexation by the City, properties along South Padre Island Drive and along Palmira Street were platted with only access to water or wastewater service but not both services. The City will, wherever possible, facilitate provision of water and wastewater service to these platted properties. A possible alternative to the existing situation is to create a Public Improvement District. Such a district would allow the City to finance needed improvements, then assess the costs of the completed improvements among the property owners within the district. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 3~ APPENDIX A - MUSTANG PADRE ISLAND AREA DEVELOPMENT PLAN ISSUES Environment Dune Protection - Dune protection rules are the primary regulatory vehicle to preserve the sea wall effect/hurricane protection of the barrier island foredune ridge. New developments within 1,000 feet of mean high tide are required to obtain a dune protection permit. Corpus Christi is the only city on the Texas Gulf coast, which has not been granted dune protection authority by its respective county. Within Nueces County, the City of Port Aransas has had dune protection authority for almost ten years. This arrangement arbitrarily gives the City of Port Aransas a competitive advantage over development of Island properties in the City of Corpus Christi. Dune Permitting: The current process of obtaining approval of a development requires that the County and the City approve a plan. The submission, presentation and fees are redundant. Often the goals and recommendations of one body are in conflict with the other. This creates a significant impediment to the developer, as he or she will have to meet the development requirements of two governmental entities rather than just one. A single approval authority for dune permitting, beachfront construction certificate and platting is strongly recommended. Flood Hazard Areas - Much of Mustang and Padre Island are located in FEMA Flood Hazard Areas. New development through the City permit process must comply with FEMA requirements. With annexation, all new development on the Island must obtain a building permit before conslruction. The building permit process as presently administered requires compliance with FEMA Flood Hazard rules. Wetlands - Mustang and Padre Islands contain extensive jurisdictional wetlands areas. As a Phase 1 city (large and medium sized cities over 100,000 population) the Environmental Protection Agency has placed stringent requirements on the City for protection of wetlands areas. City requirements in the City Code of Ordinances, including the Platting Ordinance, require a preliminary determination of wetlands before issuance of a construction permit. · Identify what development incentives could be provided to create a "buffer area" surrounding wetlands. · For informational purposes, place wetlands, dunes and FEMA boundaries on a map in the plan to illustrate areas of environmental concern. · Should the City protect non-jurisdiction wetlands? Coastal Barrier Resources Act {COBRA) - The City has promised to pursue removal of the Coastal Barrier Resource Act designation on Island properties annexed in 1999 thru 2002. How can the City best pursue this objective? Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 39 Should the City develop policies designed to acquire or preserve wildlife habitat and open spaces? · Should the City consider establishing conservation zones? · Should the City pursue acquisition of remaining Oak Mott tracts as a birding area? · Should the City establish special open space or green space zoning for those unique natural areas where no development of any kind is contemplated, i.e. dunes, beach, wetlands? For example a Conservation/Preservation Zoning District is a possibility. Existing and Future Land Use High density residential and tourist oriented development of the highest possible character has been the vision for the Gulf beach areas. The Laguna Madre side of the Island is usually considered for high quality lower density residential development. As density increases, should requirements to provide higher quality and more amenities per dwelling trait increase? Should public and private development along Park Road 22 and State Highway 361 be subject to higher standards of development than typical developments? Should areas west of Park Road 22 and State Highway 361 be recommended for a combination of medium and low-density residential development? Should the City encourage nodal high-density commemiai development as apposed to allowing strip commemial development along Park Road 22 and State Highway 361 ? Should the city provide incentives for protection of environmentally sensitive areas on the Islands? Two areas that have been suggested are Packery Channel Dunes along Playa del Carmen and to the south and west along Playa del Carmen. What areas would warrant protection? What incentives could be offered, i.e. parking reductions, greater density of development, etc.? Urban Design Guidelines and Zoning Urban design is a term used to define how a community manages the physical and visual character of its built environment. Urban design has become an increasingly dominant issue on Mustang and Padre Islands in response the City's desire to promote Island growth, development and the City's number one tourist attraction. The design quality of the built environment can have a profound effect on the economic and social health of a city. The quality of the built environment on the islands affects the Corpus Christi image and attractiveness to developers searching for high quality business and residential locations. By contrast, a poorly designed urban environment can be a detriment to investment and economic development. A high quality visual environment is a fundamental requirement to attract long-term, high-quality investment. The issue of urban design must be addressed if Corpus Christi is to achieve the quality of development that most citizens desire. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 40 · Where should Urban Design guidelines be considered? Entryways to the Island and Gulf beaches. Along Park Road 22 and State Highway 361. Increasing the visual quality of the development along the JFK Causeway Area as outlined in the Village Master Plan. · What development issues should be considered for inclusion in urban design requirements for the Islands? Higher density mixed-use development Mixed-use compatibility Pedestrian amenities Greater signage control Increased landscaping for private and public development Architectural Controls Beach access and parking View corridors · Should the City consider an Overlay Zoning District for all of Mustang and Padre Islands to further urban design objectives? Neo-traditional development is characterized by medium to high density, mixed use, pedestrian friendly design and amenities, small front yard setbacks, storefronts, narrower streets and urban design guidelines. Should the City promote "neo-traditional" development on the Island or otherwise allow a higher degree of design flexibility? Si~na~e - Existing agreements provide for limits on signs on the east side of SH 361. Should efforts be taken to limit billboards? Should the review of zoning and rezoning requests include the evaluation of whether the existing infrastructure can effectively handle the additional intensity of land usage? Storm Drainage What best management practices for storm drainage should be pursued on the Island? Can storm drainage improvements be intergraded with wetlands? If so how, can integration be accomplished? Should the City explore surface drainage options in lieu of requiring curb, gutter, and underground drainage systems, due to the drainage characteristics of the Island? Should the City develop a drainage Master Plan specifically for the Island? Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 41 Utilities Water - What is the future water main plan for the Island? Wastewater - What is the future wastewater plan for the Island? "B' Lots of Blocks 20 and 21~ Padre Island Unit 1 - Some of the lots along Park Rd. 22 do not have adequate access to infrastructure (roads, utilities). How can the City facilitate full access to the required infrastructure? There are three parallel power lines on the Island. Should efforts be taken to reduce/consolidate overhead lines? The City currently requires streetlights on all projects. How can the City reduce "light pollution" on the Island while maintaining adequate lighting for public safety? Transportation Local access to SH 361 - Should various traffic management techniques be explored to make this transportation spine safer? Alternatives discussed included: · Increased enforcement of the speed limit · Decreasing the speed limit · Minimizing the number of driveways accessing onto the highway through the use of local paralleling collector streets · Increasing the minimum spacing requirements of driveways · Constructing paralleling "marginal access" roadways where possible. The location and cross-section of SH 361 could be reviewed. The current development on the east side of SH 361 will make a parallel road difficult on the east side of SH 361. The unique topography and natural resources on the west side will also make a parallel roadway on the west equally difficult to plan. Should a cross-section with marginal access roads be considered? Park Road 22 and State Highway 361 - Since a grid system of arterials is not available, should the City, wherever practical, create a parallel collector system to State Highway 3617 Beach Access · Access points and parking lots should be developed in a manner so as to protect the environment in the sensitive dune, beach, and wetland areas. How can the City provide sufficient beach access and parking to the Gulf beach while being sensitive to environmental concerns? · Should the City update the Beach Access Plan and incorporate it into the Mustang Padre Island Area Development Plan? Mustang-Padre Island .4rea Development Plan Draft October 17, 2003 Page 42 The development community has expressed concerns about the impact of the City's Beach Access Plan upon development. Currently 80 to 100 feet of reservation or dedication is required by the City of Corpus Christi for future beach access points at ½ mile intervals between SH 361 and the beach. Should the City consider the use of grants and/or bond programs to purchase the five remaining beach access points required by the Urban Transportation Plan? Bicycle Trails - The group suggested adding a bicycle trail into the Plan. There was general consensus in the stakeholders group that there would be serious safety concerns if the trail were located on SH 361 due to the high traffic volumes and speeds. Would the City benefit from pursuing the addition of bicycle lanes on the Island, particularly along SH 361 and Park Rd. 22, or even bicycle trails to major points of interest? Street Design - The unique nature of the Island lends itself to non-standard street sections. · Should cul-de-sac lengths and shapes, construction material and width be reviewed to allow flexibility in design? · Should the method of determining when a street is a collector and/or the size of collectors be reviewed? Packery Channel Recreational amenities - What recreational amenities should the City pursue as part of the Packery Channel Project? Possible amenities might include: boat ramps, bathhouses, parking, pavilion, observation platforms, concessions/sublease areas (restaurant, tackle shop, rentals), channel fishing areas, etc. Beach Festivals location - Once Packery Channel is under construction (July 2003) the former J.P. Luby Park will no longer be available to accommodate large beach festival events. Where is the best place to relocate the large festivals like Beach to Bay, Sea Sculptures, Music Concerts, etc.? What facilities are needed to best facilitate these events? Beach Renourishment - The Packery Channel Project includes a sand storage and beach renourishment program for the eroding beach in front of the sea wall. Should the plan have a supporting policy indicating the beneficial storage and renourishment aspects of the Paekery Channel Project? Because of possible erosion problems, enforcement of no-wake in Packery Channel is very important. How should the City step up enforcement measures? Public Facilities Maintenance of Sea Wall and Padre Isles Canals and Bulk Headine - These facilities are privately owned and the City's policy has been, and is, that the property owners will continue to maintain them. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 43 Public Facilities - Should the City initiate an Island Public Facilities Survey to determine where, and in what quantity public facilities such as roads, public parking, public showers, portable restrooms, etc. exist and are needed in the future? Should the City develop a Beach Master Plan to address the issue of beach facilities and services? Beaches Should portions of the Gulf beach be designated for non-vehicular pedestrian traffic next to the water while maintaining a vehicular route next to the dunes? If so what areas are most appropriate? What beach improvements are needed for the long-term public use of the beach - public showers, beach access roads, off-beach parking, water and wastewater for public bathrooms, etc.? High-rise development vs. Low-rise development on Mustang Island between dunes and SH 361 - Provided all dune and beach access requirements are met, should the city promote and encourage high intensity development on the properties that fi'ont onto the Gulf beaches or should the city continue to allow either low or high density development? Parks Park Dedication - Should private land containing an Open Beaches easement (vegetation line to mean low tide) and or critical dune areas be subtracted from private land subject to the 5% park dedication requirement during the Platting Process? Should the City accept private land subject to the Open Beaches easement and or critical dune areas for parkland? The Platting Ordinance includes these areas in the calculation of park dedication requirements. Public Safety Hurricane Evacuation - Should the City monitor development as to its impact upon evacuation tunes and make this a criterion to evaluate development? Development of a Post-Disaster Recovery Plan - This plan would distinguish between immediate repair and cleanup actions needed to protect public health and safety and long-term repair and redevelopment activities. Should the City develop such a plan? Intraeoastal Bridge - Due to the slope of the grade and lack of adequate width, what actions should the City undertake to expedite the replacement of the bridge? Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 44 APPEND~ B - ~STA DEL ~ Vista Del Mar (Annexation Tract Concept Plan LEGEND Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 45 APPENDIX C - CAPITAL IMPROVEMENT NEEDS SHORT-TERM CAPITAL IMPROVEMENT NEEDS PUBLIC HEALTH AND SAFETY 1) Mustang Island Fire Substation: This project will provide for a 24-hour manned modular substation on Mustang Island to enhance and support fire protection on Mustang and Padre Islands. This Fire Station will provide service to Mustang Island and back-up service to Station # 15 on Padre Island. Ambulance Service will be provided out of Station #15, however, the substation will be a First Responder and will be equipped with the necessary medical equipment and medication carried on an ambulance so medical treatment is not delayed. Land has been acquired and a contract for design issued. At the time of this writing, construction is underway. 2) North Padre Island Storm Damage Reduction and Environmental Restoration {'Packery Channel): This project is designed to reduce storm damage and provide environmental restoration along North Padre Island. North Padre Island is subject to severe storm damage, erosion and scouring. Lack of an opening limits water exchange and tidal flows between the Gulf of Mexico and the Lagnna Madre/Corpus Christi Bay complex. This project will include jetties, jetty walkways, shoreline stabilization, bridge protection, dredging and recreation components. At the tune of this writ'rog, ground has been broken and construction contracts have been awarded. 3) JFK Causeway Improvements: The JFK Causeway is the only non-ferry evacuation route for the more than 10,000 fall-time residents of Padre and Mustang Islands. The Causeway is prone to flooding during periods of mild tropical storm activity. The purpose of this highway protection project is to provide a safe and efficient island evacuation route during periods of high tides and tropical storm activity. The raising of the causeway by four to five feet will provide a more reliable evacuation route for island residents during thc recurring period of tropical weather events. Construction was initiated in early Spring, 2002. WASTEWATER 1) Kennedy Causeway Lift Station: Growth in the area has increased demand for sewer service far exceeding the minimal system initially installed. This project will replace the existing lift station with new pumps, controls and force main, as required, to comply with state and federal regulatory requirements. The anticipated completion date for this project is April 2004. 2) Packery Channel Utility Crossine Casine: This project will result in the installation ora structural casing under the channel to be dredged, for future wastewater service main line installation. The anticipated completion date is to be decided. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 46 WATER 1) Southside Water Transmission Main~ Phase 7: The last leg of transmission main improvements will end with the extension of a 30" main. Construction of the new main (approximately 11,200 feet) includes following a north route just south of Whitecap Blvd., then turns eastward into the City's property at the Whitecap Wastewater Treatment plant and continues in the Whitecap Blvd. right-of-way until it reaches the existing distribution system at Whitecap Blvd. and Park Rd. 22 intersection. A routing study was completed for this section of thc project as part of the design contract for Segment A (Phases2, 2a &3). This project is pending the results of the desalination study. 2) Padre Island Pump Plant Improvements: Long-term improvements to the Padre Island Pumping Plant include thc extension of the Southside Transmission Main and the possibility of a desalination facility at some time in the future. Interim improvements are required to maintain adequate pressures and meet regulatory requirements. A new pump is necessary to provide an adequate potable water delivery system to Island residents, pending either the completion of the Southsidc Transmission Main to thc Island or thc construction of a desalination facility. Anticipated completion date for this project is in January 2004. WATER SUPPLY 1) Padre Island DesalinafionFacility: In an effort to secure alternative sources of water, the City is considering a desalination facility to be located on Padre Island. The proposed facility would be able to produce three to five million gallons per day of drinking water utilizing brackish groundwater supplemented by seawater. Current funding will provide for a feasibility study and siting analysis for a facility to be located at either North Padre or Mustang Island. At the time of this writing, the feasibility study is underway. LONG-RANGE CAPITAL IMPROVEMENT NEEDS STREETS 1) Aquarius Street Extension - Das Marinas to Commodores Drive: This project involves the construction of a new street connection between Das Marinas and Commodores. Presently, only a caliche roadway, Aquarius would be constructed as a functional collector roadway with one ~ravel lane per direction and curbside parking lanes, including curb/gutter, sidewalks, underground utilities, lighting and associated ADA improvements. WASTEWATER 1) Padre Island Area Lift Station and Force Main Improvements: Lift station and/or force main improvements will be completed to accommodate actual development patterns in the Padre Island area. These include modifying/upgrading the Coquina Bay, Se Pines, and Gypsy lift stations as well as replacing force mains that extend between the Sea Pines and Gypsy lift stations and from the Gypsy lift station to the Whitecap Boulevard trunk gravity system. Mustang-Padre Island Area Development Plan Draft October 17, 2003 Page 47 2) Whitecap Wastewater Treatment Plant Bulkhead Replacement: The existing plant is built on dredged fill behind a sheet pile bulkhead. This steel bulkhead is in need of structural modifications and improvements. Portions of the bulkhead have collapsed, requiring interim repairs. This project addresses the long-term solution to the structural stability of the bulkhead. WATER 1) Southside Transmission Main Phases 6 & 7: This project includes construction of the £mal sections of the Southside Water Transmission Main. This project will begin at Laguna Shores Drive (end of Phase 5) and extend a 30-inch main across the Laguna Madre to Padre Island and the intersection of Whitecap Boulevard and Park Road 22. A routing study has been completed for this section of the project and preliminary cost estimates have been compiled. WATER SUPPLY 1) Padre Island Desalination Facility: In an effort to secure alternative sources of water, the City is considering a desalination facility to be located on Padre Island. The proposed facility would be able to produce three to five million gallons per day of drinking water utilizing brackish groundwater supplemented by seawater. Current funding will provide for a feasibility study and siting analysis for a facility to be located at either North Padre or Mustang Island. Mustang Padre /.land Arm lb,dapnmt Plan Ma/t (Naber 17,200-1 Page 49 Figure 4 — Future Land Use, South Portion of ADP ® Mustang -Padre Lsland Arm /X, b, 1ne Plan Malt (MaAer Pl a 49 Page 19 Figure 5 — Future Land Use, North Portion of ADP Figure 6— Transportation Network, Soutb Portion of ADP s...wu» ��........ ter,.... w.n� rinq.e. �w.a.. Ems'✓ n.u,r��`"" J+ ter./ -_ lklw.tisr� �/eru.ian Pmj Ced 1,000 D"kV Urks 50,000 SW Feel ORKa/Canme l f C (Prol65A df C450Dge Unils I � 85 Ase Gourse ted 1,745 Dwelleg Unh - )D HOWUMolel Rooms Quem Feet OMm/Cw wcisl 10 Ase Goff Carse fir, m' .. / £ �4 STATE NYW%1 Nott wregw,ApppfPln ma ma. S: /.ppaim. B B t 4ewl of V. Dd PARK RD MadeusloPmai m rppmwd M Cnr Cowin yI L�{ Nae: TNs n a 1N 6m of Id, obladn'a� pelices A C Pl. of Ne rt nprebauin an. anprebmave Pkn M1eg waingc Ir ga4E®a eeubliM mtln8 ma�ki iio®tlaia This my ie vu ro wk W �yvabcmgbyietlfiodna+m�tt Cary Cwmil roan. Prajeaed 1,000 Dwelalg lsvu 2,000 HoteMlolN Ra s 500,000 Square Feel Offioe/Cammerdal MavargPadrr Ldaad Arm Drw p.l P/ae Oraff OY bff 172003 Page m MUSTANG ISLAND STATE PARK Source: Department of Development Services Figure 7—Transportation Network, North Portion of ADP .� ati.mmw a . ..... � e.......+ rnrcrxo w,wq m..a ruo- Nac Thio meq u PW PiAMmtiCve oP ,m obl� ab Ddiue of Jm Ca,op Ameive lan A ompeeM1vuire elWI mi aruumrc zatinp rc8„leum+er eosbi w G M ha Cn it This , u eo wle mM mry rot be ved by imeVeo hreemirc City Cmrcil im<m. Ma ng -Padre Is/and Arm Dewlaplemr Plan Draft Ouoser 17, 2W Page 51 Source: Department of Development Services n '•a i R�� IQ 1VA F, I 9 Y — l.ttj' Water De1Y1CCS on rmum tamaau am 65 Aar Muslang-Padre Island Arm Deadopmenl Plan DraJl Od Aa 11,1003 Page 53 HYV/361 MUSTANG ISLAND STATE PARK P The City don eM pmvlde wort mics Sm the Ste Pak natio to Pat Amus. Soarce: Department of Development Strom 1.000 D"Ikp Unke we: TNn mep ie i!Rsmnt e a toe., abj...e pd. or BeNo1aVMoml Roams C50012E Conanhmd�< PNe A C.PreM Na doll not mlYtipBC 'imine re FBM Olfiea/Calnnrertle �Bul. a m IW zauae aimia hmetlaia Tho nup u m a emk mE mry rot bened by imdfb Eaaeeim Cirocao Ivnw. am 65 Aar Muslang-Padre Island Arm Deadopmenl Plan DraJl Od Aa 11,1003 Page 53 HYV/361 MUSTANG ISLAND STATE PARK P The City don eM pmvlde wort mics Sm the Ste Pak natio to Pat Amus. Soarce: Department of Development Strom Maaaag-Padre lslamdAem D.Wbpmms Plan Draft Oaeba 17,1003 Page M Figure 10—City Wastewater Services on Padre Island :..o....rw..r.� i ��P.v.re... �rn`a.saw • w.... � 2 �v u. . M..aa+r'r m..n Barra.. mw•.u.wmr N t� W Wfa�Y . The City does na provide wutewater services from the Sh Pad north to Pan Anosu. Source: Depornnent of Development Services Prajede01,000'M M Unna Nae: Thio «y ium,w.e w way ogaov« ms pais M as 7,000 MO Moss) Raane ConF w e Plan A ComPMh Plm "I na cortiune mune 500,000 Squma Feet OaaelCanmernel a{Nwiiour «auelYh mw8 mwkt hoodvi« 11w rtap i. na ro arak aid mryM bnaudby inelfto detmnirc City Comeil mwn. . The City does na provide wutewater services from the Sh Pad north to Pan Anosu. Source: Depornnent of Development Services Maaang-Padee is/and Aero DeudaPm Plan D,. t Oe be 19,1003 Page 55 Figure 11 -City of Corpus Christi Dune Protection and Beach Construction Certification Beach / Dune System Beach seagio55 Bed vegetated Flat Bockduno Fowtluno Bocksho,e Fpla9 ue Ridge (d, beach) .et bet t) Wa2a FUbHc Fbadway w.�ro e. aam Maar, y �y� n. 4rh T'.0, to, ide Approxmole line of vegetotlon 7 <. ® .....�._..... Protected Fbiedune Rdge •oe o.waA •...'°•••• m �eewaw e. u. Cdlkel Ouse Ana I,WJ a�Eaq a1tM.nry��L. Beachfront Conametion CedrCation Nea Mavang-Padre /shad Arm Dadapw f Plw Draft Oa.M 17, 2bM3 Page 56 Figure 12 —Existing Beach Access System Inset Beach Access Rood Beo Access Rood A :, Bexh Access Rowed 4 Laguna Madre MEL ��yC d4 Beach Access Road #5, Pik Beech Pack Rood „. Beech Access Rood lb Ptrk>ng bea n MuvanR-PoAre /stand Aim Devdapmen, Plan D.ah Ombff I1,1003 Papa9 Figure 13—PackeryChannel and Proposed Recreational Development 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: 11/11/03 AGENDA ITEM: Presentation on the Airport Terminal Reconstruction Projects and Air Service Efforts. STAFF PRESENTER(S): Name Title/Position Department 1. Dave Hamrick Director Aviation BACKGROUND/ISSUE: The Corpus Christi International Airport is undergoing several capital projects including the terminal reconstruction, roadway/parking improvements, the commercial apron expansion and partial replacement. Air service development at the Corpus Christi Intemational Airport has long been an objective of both the Airport Board and City. Airport staff has made continued efforts to increase air service and currently has several projects in progress. REQUIRED COUNCIL ACTION: No Council action required. Department Head Signature Powerpoint Presentation [] Corpus Christi International Airport Council Update November 11, 2003 Projects • Commercial Apron — Phase 1 • Commercial Apron — Phase 2 • Automated Lighting Control System • Terminal Reconstruction • Jetbridge Acquisition and Installation Projects (Cont'd) • Parking Lot/Roadway Phase 1 • Roadway Phase 2 • TxDot Grant for SH -44 @International Dr. • Tower Demolition • Covered Parking Air Service • Domestic Efforts • Foreign (International) Efforts Terminal Apron Construction, Phase 1 Terminal Apron Construction, Phase 1 November 6, 2003 Project Completed Commercial Apron — Phase 1 $1,275,229 project Enlarged the commercial apron Added 2 paved roads on the airfield Addressed drainage issues 90% of project was funded by a federal grant. Project is complete and the apron is in use. 0 NEW TERMINAL BUILDING - COMMERCIAL APRON Terminal Apron Construction, Phase 2 Anticipated Completion Date end of December � I T z z r c - N NEW TERMINAL BUILDING - COMMERCIAL APRON Terminal Apron Construction, Phase 2 Anticipated Completion Date end of December Terminal Apron Construction, Phase 2 Anticipated Completion Date end of December Apron Phase 2 $2,027,163 project -90% Federal funded Original low bidder debarred Local company that was the 2nd low bidder. Added additional concrete Replaced some existing pavement Provided new asphalt Weather delays on Project is over 90% complete Anticipated completion -end of December Airport Beacon Project is Complete & in Use Airport Lighting Control System (ALCS) $640,162 project -90% federally funded Necessitated by FAA relocation New computerized control of all of the runway and approach lighting systems Construction of a new rotating beacon Project is complete and in use Terminal Reconstruction Project Terminal Reconstruction Project Funded by a combination of bonds, reserves, Passenger Facility Charges (PFCs) and federal participation Over 90% complete Remaining: Transportation Security Administration Federal Inspection Station Jetbridge Acquisition and Installation Four Jetbridges have been installed. Fifth scheduled for delivery and installation in December. Project was funded by a combination of P.F.C.s and federal participation Initial problems with the bridges have all been resolved except for the uneven floor. Manufacturer's engineers are working on developing a solution to the problem. Parking Lot/Roadway Phase 1 Project North -Bound International Loop Rd { . �1 .. Tr •i f ; wen n 4 e r - , Parking Lot/Roadway Phase 1 Realigned the loop road Increased the number of parking spaces from 877 to approximately 1,350. Funded by a combination of bonds and P.F.C.s Complete except for landscaping Scheduled to be completed by the end of November. Roadway Phase 2 Project includes: Overlay of International Drive Landscaping Upgrading the drainage to handle a 25 year storm event. Project was funded by a combination of P.F.C.s, bonds, Stormwater funds and federal participation. Project is scheduled to be completed by the end of December. SH 44 & International Drive Landscaping Project SH 44 & International Drive Landscaping Project SH -44 and International Drive Landscaping Project will completely re -landscape the intersection of SH -44 and International Drive Landscaping will include irrigation and a one-year maintenance agreement after which the airport will assume maintenance responsibilities. The City paid for the landscaping design and TxDot has authorized $160,00 of state funds to pay for the project. Tower Demolition Project Tower Demolition This project will consist of the asbestos removal and demolition of the old city -owned tower building. Project will not begin until after construction of the TSA facilities in the new terminal building. This project will be funded 90% by federal grant. Issue: Asbestos removal is estimated to be more that originally programmed. Working with the FAA for additional funding. City of Corpus. Chrlst