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Agenda Packet City Council - 03/23/2004
CITY COUNCIL AGENDA MARCH 23, 2004 CorpusChrmistmi SII -America city 111111 0 11:45 A.M. - Proclamation declaring the month of March "Cesar Chavez Month" Recognition for Casa de Manana fire heroes Honorary Citizen Certificates for Japanese Interns: Ms. Miyako Sugimoto and Ms. Utana Takano Swearing-in ceremony for newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 23, 2004 9:00 A.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 12.00 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 Usted desea dingirse al Concilio y cree qua su ingl6s as limitado, habr8 un interprete inglds-espariol 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 Father Bernard Byrne, St. Thomas The Apostle Catholic 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 Mark Scott Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Approval of Regular Meeting of March 2, 2004. (Attachment # 1) Agenda Regular Council Meeting March 23, 2004 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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 furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed 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) 2. Motion approving the lease purchase of six (6) automated side - loading refuse trucks from the following companies for the following amounts for the total amount of $990,534. The award is based on the cooperative purchasing agreementwith the Texas Local Government Purchasing Cooperative (TLGPC). These automated side -loading refuse trucks will be used by Solid Waste Services. Financing will be provided through the City's lease/purchase financing program. (Attachment # 2) Agenda Regular Council Meeting March 23, 2004 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Rush Truck Center McNeilus Truck & Manufacturing Houston, Texas Hutchins, Texas Truck Chassis Refuse Packer Body $613,500 $377,034 Grand Total: $990,534 Motion approving the purchase of eighteen (18) riding mowers from John Deere Commercial, of Cary, North Carolina, in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) for a total amount of $101,236.50. The riding mowers will be used by the Park and Recreation Department. Funds are available in the FY 2003-2004 Park Operations Budget. (Attachment # 3) 4. Ordinance appropriating $34,902.41 from the State of Texas in the No. 1061 Police Grants Fund - Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. (Attachment # 4) 5.a. Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed Grant in the amount of $225,000 from the United States Department of Justice for the continued support of the Weed and Seed Program, Site I North. (Attachment # 5) 5.b. Ordinance appropriating $225,000 from the United States Department of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site 1 North for FY 2003-2004. (Attachment # 5) 6.a. Motion authorizing the City Manager or his designee to execute an agreementwith Mr. Lorenzo Knowles to provide $946 from the FY 2003-2004 Weed and Seed Program for mentoring the Drug Education for Youth Program and activities in Site 1 North. (Attachment # 6) 6.b. Motion authorizing the City Manager or his designee to execute an agreement with Planned Parenthood of South Texas, Inc. to provide $4,730 from the FY 2003-2004 Weed and Seed Program to implement collaborative partnerships with existing community Agenda Regular Council Meeting March 23, 2004 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) programs to provide after school, weekend and summer programs in Site 1 North. The goal is to reduce at -risk behaviors including drug and alcohol use and teen pregnancy among Weed and Seed adolescents. (Attachment # 6) 6.c. Motion authorizing the City Manager or his designee to execute an agreement with The Boy Scouts of America -South Texas Council to provide $1,113 from the FY 2003-2004 Weed and Seed Program to implement their learning for life program in the targeted census tracts through the Corpus Christi Independent School District locations. (Attachment # 6) 6.d. Motion authorizing the City manager or his designee to execute an agreement with YMCA to provide $10,000 from the FY 2003- 2004 Weed and Seed Program to implement prevention programs. The Coles Prime Time Program (licensed childcare after-school) Summer Basketball League and Summer Swim Program. (Attachment # 6) 6.e. Motion authorizing the City Manager or his designee to execute an agreement with The City of Corpus Christi, Park and Recreation Department to provide $10,000 from the FY 2003- 2004 Weed and Seed Program to implement their sports program. This would be for the Winter and Summer Basketball program for the North Side Community. (Attachment # 6) 6.f. Motion authorizing the City Manager or his designee to execute an agreement with God's Gym to provide $8,000 from the FY 2003-2004 Weed and Seed Program to implement after-school programs for youth to participate in developing and enhancing their artistic skills, fitness and conditioning workshops, mentoring and tutoring assistance. (Attachment # 6) 6.g. Motion authorizing the City Manager or his designee to execute an agreement with Beautify Corpus Christi Association to provide $8,333 from the FY 2003-2004 Weed and Seed Program to provide art projects and activities for the youth and adults of the North Side. (Attachment # 6) Agenda Regular Council Meeting Mamh 23,2004 Page 5 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Housing Authority to provide $8,334 from the FY 2003-2004 Weed and Seed Program for providing a continuation of services to the youth of public housing to include outdoor activities, life building and team concepts skills, and recreational sports. (Attachment # 6) Motion authorizing the City Manager or his designee to execute an agreement with Metro Ministries of Corpus Christi to provide $8,333 from the FY 2003-2004 Weed and Seed Program to implement basic health care services that help to fill the gap in services, stabilize the client's health situation and allow them the opportunity to focus on the social and financial problems that typically accompany homelessness. (Attachment # 6) Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed Grant in the amount of $225,000 from the United States Department of Justice for the continued support of the Weed and Seed Program, Site II West. (Attachment # 7) Ordinance appropriating $225,000 from the United States Depadment of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site II West, for FY 2003-2004. (Attachment # 7) Motion authorizing the City Manager or his designee to execute an agreement with Mr. Lorenzo Knowles to provide $946 from the FY 2003-2004 Weed and Seed Program for mentoring the Drug Education for Youth Program and activities in Site II West. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Housing Authority to provide $13,500 from the FY 2003-2004 Weed and Seed Program for providing a continuation of services to the youth of public housing to include outdoor activities, life building and team concepts skills, and recreational sports. The program will include those youth in the Calallen area. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~') Agenda Regular Council Meeting Mamh 23,2004 Page 6 .Co °e. 8.f g.ao Motion authorizing the City Manager or his designee to execute an agreement with Boys & Gids Club of Corpus Christi, Inc. to provide $6,000 from the FY 2003-2004 Weed and Seed Program to provide an after school program and promote abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an agreement with Fighting To Rid Gangs in America Foundation to provide $14,397 from the FY 2003-2004 Weed and Seed Program to implement after school and weekend alternative activities at their activity center classrooms, gym, and computer center. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an agreement with Goodwill Industries to provide $8,000 from the FY 2003-2004 Weed and Seed Program to hire, train and maintain our SEEDTECH on-site computer education lab, and all the benefits that will accompany the project. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an agreement with The City of Corpus Chdsti, Park and Recreation Department, Aquatic Division to provide $25,000 from the FY 2003-2004 Weed and Seed Program to implement their free summer swim program at Greenwood and Violet pools. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an agreement with God's Gym to provide $11,000 from the FY 2003-2004 Weed and Seed Program to implement after school programs for youth to participate in developing and enhancing their artistic skills, fitness and conditioning workshops, mentoring and tutoring assistance. (Attachment # 8) Ordinance appropriating $875,000 from the unappropriated interest earnings from Wastewater 1999A Capital Improvement Program Fund 4243 (SRF) for the Greenwood Sanitary Sewer Trunk Main Cleaning Project; and amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $875,000. (Attachment # 9) CiTY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing March 23,2004 Page 7 10.a. 10.b. 11.a. 11.b. 12. Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, Inc., of Pasadena, Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. (Attachment # 9) Ordinance appropriating $148,350 from the unappropriated claim settlement from City Hall Capital Improvement Program Fund No. 3160 for the City Hall First Floor Call Center; amending Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $148,350. (Attachment # 10) Motion authorizing the City Manager or his designee to execute a construction contract with SaI-Con, Inc., of Corpus Christi, Texas in the amount of $108,500 for the City Hall First Floor Call Center. (Attachment # 10) Motion authorizing the City Manager or his designee to execute a utility easement with the owner Spohn Hospital, in the amount of $35,000 for Parcels 1UE, 1TCE, 1A-UE, and 1A-TCE all out of the Saratoga Staples Plaza, Block 1, Lots 3 and 4 located on Saratoga Boulevard between South Staples Street and Cimarron Boulevard, in connection with the Force Main, Line C, Phase 2 Project. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a utility easement with the owner Spohn Hospital, in the amount of $42,693 for Parcel 17, out of the Saratoga Staples Plaza, Block 1, Lot 4 located on Saratoga Boulevard between South Staples Street and Cimarron Boulevard, in connection with the Buckingham Estates Lift Station and Force Main Diversion Project. (Attachment # 11) Motion authorizing the City Manager or his designee to execute Amendment No. 8 with Anderson Group Construction Management, Inc., of Corpus Christi, Texas in an amount not to exceed $183,600 to provide project management duties for the Corpus Christi International Airport Terminal Project through July 2004. (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summarT) Agenda Regular Council Me~ing Mamh 23,2004 Page 8 13. 14. 15. 16. Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Valero Refining - Texas, L.P. for the right to install, operate, maintain, and remove one 18- inch RCP storm sewer line, approximately 35-linear feet across Kaler Drive right-of-way; one 24-inch and one 36-inch RCP storm sewer line, approximately 30-linear feet across Kaler Ddve right- of-way; one 6-inch Waste Disposal line, one 8-inch Fire line and one 24-inch Electrical/Communications Duct Bank, approximately 45-linear feet across Kaler Drive right-of-way; one 24-inch Electrical/Communications Duct Bank and two 24-inch RCP storm sewer lines, approximately 50 linear feet across the Cantwell Lane right-of-way; establishing a fee of $4,236. (Attachment # 13) Motion authorizing the City Manager to execute a Deferment Agreement with Shell Land Development Management Company, Inc. (Developer), in the amount of $236,356.39 for the future street construction improvements including street pavement, curb, gutter and sidewalks, storm water, sanitary sewer and water lines along the extension of Acushnet Drive and Kram Road adjacent to Lot 2, Block 8, Saratoga Weber Plaza in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3. (Attachment # 14) Motion authorizing the City Manager or the City Manager's designee to execute a twelve-month software maintenance agreement with Court Specialists, Inc. of Friendswood, Texas in an amount not to exceed $41,229.05. Included in the maintenance agreement is the support for the External Warrants Interface. (Attachment # 15) Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A & M University- Corpus Christi in the amount of $345,000 for pollution prevention partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summar'j) Agenda Regular Council Meeting March 23, 2004 Page 9 17. 18. 19. 20.a. 20.b. 21.a. Resolution authorizing the City Manager or the City Manager's designee to execute an amendment to the Intedocal Cooperation Agreement with Texas A & M University - Corpus Christi in the amount of $45,000 to add a remote vehicle emissions sensor project called "AutoCheck" to the Pollution Prevention Partnership activities. (Attachment # 17) Ordinance authorizing the resale of one property located at 5300 Agnes shown on the attached and incorporated Exhibit A which was foreclosed upon for failure to pay ad valorem taxes, for $41,000. (Attachment # 18) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a First Amendment to the Lease Agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. (First Reading 02/10/04) (Attachment # 19) Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding the Cable Communications Commission. (First Reading 03/02/04) (Attachment # 20) Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding Rules and Procedures for Public Access Cablecasting; and providing for penalties. (First Reading 03/02/04) (Attachment # 20) PUBLIC HEARINGS: ZONING ORDINANCE TEXT AMENDMENT: Public hearing to consider a text amendment to the Zoning Ordinance to address non-illuminated temporary signs displaying the sale, rent, or lease of single-family, duplex or townhomes. (Attachment # 21) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing Mamh 23,2004 Page 10 21.b. 22. Je 23. 24. First Reading Ordinance -Amending the Zoning Ordinance of the City of Corpus Christi by amending sections 4A-2, 4B-2, 4C-2, 5- 2, 6B-2, 8-2, 8A-2, and 9-2 to allow for temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which the sign is located, with certain parameters. (Attachment # 21) ZONING CASES: Case No. 0204-02, Soroush Farahnakian: A change of zoning from a "B-l" Neighborhood Business District and "R-lB' One- family Dwelling District to a "B-4" General Business District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. The property is on Baldwin-Moore Farm Lots, being 3.289 acres out of a portion of Lot 2, bound by South Padre Island Ddve, West Point Road, and Friendship Drive (formerly Bush Drive). (Attachment # 22) Planning Commission and Staffs Recommendation: Approval of the "B-4" General Business District on Tract 1 and "B-l" Neighborhood Business District on Tract 2. ORDINANCE Amending the Zoning Ordinance, upon application by Soroush Farahnakian by changing the zoning map in reference to Baldwin- Moore Farm Lots, Portion of Lot 2, Volume "A', Page 50 from "B- 1" Neighborhood Business District to "B-4" General Business District on Tract 1 and from "R-lB" One-family Dwelling District to "B-1" Neighborhood Business District on Tract 2; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. Corpus Christi Convention & Visitors' Bureau, Quarterly Update (Attachment # 23) Presentation of 2nd Quarter FY 2003-2004 Budget/Performance Report (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing Mamh 23,2004 Page 11 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. Resolution approving the resolution authorizing the issuance of bonds by the Corpus Christi Business and Job Development Corporation and the execution of a Sales Tax Remittance Agreement, a Project Agreement, and a Bond Purchase Agreement with respect to the Baseball Stadium Project. (Attachment # 25) L. SPECIAL CONSIDERATION ITEM: 26. Discussion and consideration of options to either expand the J.C. Elliott Landfill or develop the Cefe Valenzuela Landfill in an effort to address current landfill operating issues. (Tabled 02/24/04) (Attachment # 26) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 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 sa dirige a la junta y cree que su inglF~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reunion de la junta para ayudade. PER ClTY COUNClL 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 March 23, 2004 Page 12 27. 28. 29. 30. 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 prow'sions 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 Govemment Code Section 551.071 regarding Notice of Enforcement Action, City of Corpus Christi Broadway Wastewater Treatment Facility, 1402 W. Broadway, Corpus Christi, Nueces County, Texas, TPDES Permit NO. 10401-005; RN 101610186, Docket No. 2003-1347-MWD-E; CCEDS Case No. 10113, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 regarding implementation of uniform pipeline fees, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 regarding franchise agreement negotiations with AEP Central Power and Light Company, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 regarding legal issues relating to the options to either expand the J. C. Elliott Landfill or develop the Cefe Valenzuela Landfill in an effort to address current landfill operating issues, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 23,2004 Page13 O. 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. 31. CITY MANAGER'S REPORT 32. 33. P. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:45 p.m., March 19, 2004. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 2, 2004 - 9:02 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero (Arrived at 9:13 a.m.) Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Brent Chesney Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. George Pledger of Weber Road Church of Christ and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. He noted that Mr. Chesney was absent today due to a death in the family. Mayor Neal called for approval of the minutes of the regular Council meeting of February 24, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Building Standards Board Ike Spiker (Reappointed) Rudy Garza (Reappointed) CommuniW Youth Development (78415) Program Steering Committee Ellie Cardona (Appointed) Corpus Christi Area Convention and Visitors Bureau Sandi McNorton (Appointed) Landmark Commission Myron Grossman (Reappointed) David Doyle Brown (Appointed) Herb G. Morrison III (Appointed) Julia Nguyen (Appointed) Craig Thompson (Appointed) David Wallace (Appointed) Jim Bright (Appointed) Minutes - Regular Council Meeting March 2, 2004 - Page 2 As an aside, Mayor Neal noted that today was Texas Independence Day. Mayor Neal called for consideration of the consent agenda (Items 3-20). Council members requested that Items 3 and 18 be discussed. City Secretary Chapa announced that Item 11 needed to be amended. There were no comments from the audience. A motion was made and passed to approve Items 3 through 20, constituting the consent agenda, except for Items 3, 11, and 18, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2004-072 Motion approving a supply agreement for Police Uniforms, including 450 pairs of trousers, 525 shirts, and 40 jackets, in accordance with Bid Invitation No. BI-0073-03 with Unifirst, of Corpus Christi, Texas, based on low bid meeting specification for an estimated annual expenditure of $63,711.25. The term of the contract will be twelve months with 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 Police Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 5. MOTION NO. 2004-073 Motion approving a supply agreement with the following companies for the following amounts for approximately 7,087 pipe repair clamps ranging in size from 2" to 30" in accordance with Bid Invitation No. BI-0053-04 based on low bid for an estimated annual expenditure of $216,104.59. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. Hughes Supply San Antonio, Texas Group l $163,119.10 Ferguson Enterprises Corpus Christi, Texas Group 2 $8,182.89 Titan Pipe & Supply Corpus Christi, Texas Group 3 $44,8O2.6O Grand Total: $216,104.59 The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting March 2, 2004 - Page 3 6.a. ORDINANCE NO. 025663 Ordinance appropriating $49,940 from the unappropriated fund balance of the No. 3160 City Hall Capital Improvement Program Fund; transferring to and appropriating in Public Health and Safety Capital Improvement Program Fund No. 3350 for Fire Station No. 7 Moisture Control Repairs and Modifications; and amending Ordinance No. 025647 which adopted the FY 2003-2004 Capital Budget by increasing appropriations by $98,880. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 6.b. MOTION NO. 2004-074 Motion authorizing the City Manager or his designee to execute a construction contract with Sal-Con, Inc., of Corpus Christi, Texas in the amount of $49,940 for Fire Station No. 7 Moisture Control Repairs and Modifications. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. MOTION NO. 2004-075 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the Seawall Reconstruction Project Contract B-2B with Gunther Nash, Inc., of St. Louis, Missouri in the amount of $351,256 for the McGee Beach Sand Renourishment Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. MOTION NO. 2004-076 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a Contract for Professional Services with ECMS, Inc., of Corpus Christi, Texas in the amount of $60,000 for Spur 3, Phase 2: Ennis Joslin - Ocean Drive/Alameda to South Padre Island Drive Street Reconstruction Project for additional Construction Management and Inspection Services. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting March 2, 2004 - Page 4 10. 12. MOTION NO. 2004-077 Motion authorizing the City Manager or his designee to execute Amendment No. 3 for Construction Management Services with Anderson Group construction Management, Inc., of Corpus Christi, Texas in the amount of $688,840 for various Capital Improvement Projects associated with the 2004 Capital Budget. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. MOTION NO. 2004-078 Motion approving the application from the Corpus Christi Chamber of Commerce to temporarily close the following street sections for the S.E.A. Mixer Event, March 4, 2004: Inside travel lane of Northbound Shoreline Boulevard from Power Street to Palo Alto Street, exclusive of the median crossovers at Power Street and Palo Alto Street, beginning at 6:00 a.m., Thursday, March 4, 2004 through 12:00 midnight, March 4, 2004. Bo Southbound Shoreline Boulevard from Power Street to Palo Alto Street, exclusive of the median crossovers at Power Street and Palo Alto Street, beginning at 6:00 a.m., Thursday, March 4, 2004 through 12:00 midnight, March 4, 2004. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. MOTION NO. 2004-080 Motion authorizing the City Manager or his designee to execute Amendment No. 2 with J. R. Thompson, P.E., of Corpus Christi, Texas for a total fee not to exceed $35,850 for Club Estates Channel Improvements, Phase 1. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes o Regular Council Meeting March 2, 2004 - Page 5 13. 14. MOTION NO. 2004-081 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Melesio G. Rivera and wife, Ygnacia Reyes Rivera in the amount of $43,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance in connection with a replacement dwelling, all for the purchase of fee simple property fights for Parcel 8, being all of Lots 3 and 4, Block 4, H.E. Luter Partition, with street address of 2016 Marguerite Street, necessary for the Garcia Arts Center Area Street Improvements, Phase 2. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. MOTION NO. 2004-082 Motion authorizing the City Manager or his designee to execute a contract with Leonard Scott, of Sandia, Texas to provide consulting services and serve as Project Manager for the Automated Meter Reading (AMR) and Wireless Fidelity (WiFi) Project at the rate of$37.11 per hour. The contract shall commence March 6, 2004 and extend through March 6, 2006 and may be continued for two more years. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 15.a. MOTION NO. 2004-083 Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSoff USA, Inc., of Pleasanton, California in the amount of $252,032.16 for twelve (12) months' PeopleSofi software maintenance for Asset Management, Accounts Payable, Benefits Administration, Budgeting, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time and Labor Public Sector software based on sole source. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting March 2, 2004 - Page 6 15.b. MOTION NO. 2004-084 16. 17. 19. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSofi USA, Inc., of Pleasanton, California in the amount of $38,740 for twelve (12) months' PeopleSofi software maintenance for eDevelopment, eCompensation, eBenefits, eProfile, eRecrnit, and ePay software based on sole source. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. RESOLUTION NO. 025664 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A & M University - Corpus Christi to participate and oversee quality checking, data collection, and data processing of the City's cadastral base maps. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. RESOLUTION NO. 025665 Resolution authorizing the City Manager or his designee to submit a State Energy Program Grant Application to the Texas State Energy Conservation Office in the amount ors 150,000 for a Compressed Natural Gas Fueling Facility at the Maintenance Service Center, with a City match of $258,500 out of the Gas Commercial Paper Fund No. 4550, for a total project costs of $408,500. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. ORDINANCE NO. 025666 Amending Article 1, Chapter 38, Code of Ordinances, relating to Parade Vendor Permits; and providing for penalties. (First Reading 02/24/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting March 2, 2004 - Page 7 20. MOTION NO. 2004-085 Motion authorizing the City Manager or his designee to execute a Parade Vending Agreement with the Buccaneer Commission, Inc. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Mayor opened discussion on Item 3 regarding the purchase of sedans for the Police Department. Mr. Garrett complimented the Police Department's fleet management for providing the officers with safe vehicles. 3. MOTION NO. 2004-071 Motion approving the purchase of 33 police package sedans in accordance with Bid Invitation No. BI-0030-04 with Champion Ford, of Corpus Christi, Texas based on Iow bid for a total of $703,296. All units are replacements. Funding is available from the FY 2003- 2004 Capital Outlay Fund. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Mayor Neal opened discussion on Item 11 regarding streetlight installation for Spur 3 between South Padre Island Drive and Nile. City Secretary Chapa stated that staff was requesting that this item be amended by removing the phrase "Central Power and Light". A motion was made, seconded and passed to amend the item as stated by Mr. Chapa. City Secretary Chapa polled the Council for their votes as follows: 1 I. MOTION NO. 2004-079 Motion authorizing the City Manager or his designee to have American Electric Power (AEP), at an aid-to-construction cost of $63,300, proceed with installation ofstreetlights for Spur 3 between South Padre Island Drive and Nile. The foregoing motion was passed and approved as amended with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Mayor Neal opened discussion on Item 18 regarding proposed city code amendments defining the city's role in Public Access Cablecasting. Mr. Kelly expressed his concern that the proposed amendments would make the city more involved in the management of the Public Access station rather than less involved, which was the original objective. City Manager Noe responded that the amendments solely represented technical changes to the ordinance reflecting changes in the city's relationship with Time Warner. He said, for example, that when the city first created the ordinance related to the public access channel, the city had entered into a contract with Time Warner Minutes - Regular Council Meeting March 2, 2004 - Page 8 to provide a studio. Now that Time Warner was no longer offering this service, however, an amendment was being proposed to reflect this change in the ordinance. He stressed that the city was not changing their relationship with Time Warner; rather, they were updating the ordinance by eliminating provisions that no longer applied. 18.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding the Cable Communications Commission. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting"Aye"; Chesney and Colmenero were absent. 18.b. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding Rules and Procedures for Public Access Cablecasting; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing regarding the South Texas region's rate case with American Electric Power (AEP) Texas Central Company. Mr. Geoffrey Gay, an attorney with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend of Austin, TX, provided a brief history on the rate case to date. He reported on the results of his team's detailed analysis of AEP Texas Central Company's proposed rate increases. He stated that AEP appeared to be over charging the region for electrical power, especially for street lighting. Mr. Gay recommended that the City of Corpus Christi adopt the electric rate ordinance included in the Council's packet which lowered AEP's transmission and distribution (T&D) rates by $97 million or 21 percent. He said similar rate ordinances are being considered and adopted by the other cities in the region participating in the lawsuit. He said the case had started trial this week at the Public Utility Commission in Austin. In conclusion, Mr. Gay stated that the city should enact the ordinance to make a statement that the rates should be reduced. There were no comments from the audience. A motion was made, seconded and passed to close the public hearing on this item. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 2, 2004 - Page 9 21. ORDINANCE NO. 025667 An Ordinance of the City of Corpus Christi, Texas finding, after reasonable notice and hearing, that American Electric Power Texas Central Company's electric transmission and distribution rates and charges within the City should be changed; determining just and reasonable rates; adjusting street lighting charges; adopting recommendations of consultants; providing for recovery of rate case expenses; preserving regulatory rights of the City; and providing for repeal of conflicting ordinance. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Mayor Neal referred to Item 22a, and a motion was made, seconded and passed to open the public hearing on the following item: 22.a. Public hearing on request for a variance to operate an establishment with on-premise consumption of alcoholic beverages at an establishment known as Guerrero's Place located at 706 S. Port Avenue. Mr. Michael Gunning, Assistant Director of Development Services, explained that state law prohibits bars, taverns and night clubs from locating within 300 feet of churches, daycare centers, hospitals or schools unless the City Council grants a variance. Mr. Gunning stated that the city had recently implemented a new process on the granting of variances, and this was the first case to use the process. Under the new procedure, a public notice must be published in the newspaper ten (10) days before the hearing and notices mailed to all property owners within 300 feet of the subject property. He said the Council may allow a variance to the regulation based on a number of considerations if it determines it is in the best interest of the community. Mr. Gunning reported that Ms. Margaret Rios had asked for a variance on behalf of the owner, Mr. Jose Champion, who is her grandson and resides out of state. He said the variance would allow the intended lessee, Mr. Jesse Guerrero, to obtain a liquor license for on-premise consumption of alcoholic beverages. Ms. Rios explained in her letter that she had operated the business for the last 48 years. She also wrote that she had retired their license and was leasing the property to Mr. Jesse Guerrero, whose name was on the TABC application. In 1998, the Iglesia de Dios church opened approximately 100 feet south of the subject property. In 1995, the Council granted a Special Permit for a child care center (Los Pequefios Day Care Center) approximately 240 feet west of the subject property. Mr. Gunning provided a police incident report covering the five-month period between January 1, 2003 and May 3, 2003. During that time, there were a total of 58 calls for police service at 706 S. Port. He said the bar had been closed since June 2003 when the license expired. Mr. Gunning also reported that the 700 block orS. Port had been associated with bars, drugs, prostitutes, and frequent violent encounters for many years. He concluded that the Police Department and staff recommended the denial of the variance. Mr. Kelly commented that as the Council member representing this area, he has received Minutes - Regular Council Meeting March 2, 2004 - Page 10 many complaints about prostitutes operating in front of the daycare and drunks disturbing the peace. He said the neighborhoods had indeed been adversely affected by the operations of these bars. Thus, he said he strongly concurred with staff's recommendation. There were no comments from the audience. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 22.b. FAILED The foregoing resolution failed by the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "No"; Cooper voting "Aye"; Chesney and Colmenero were absent. Mayor Neal referred to the presentations on the day's agenda. The first presentation was a report on advancements in technology provided by Mr. Ogilvie Gericke, Director of Municipal Information Services. Mr. Gericke prefaced his report by stating that the city had made significant changes in the past year in the way it organized and delivered technology. He explained the key factors influencing technology decisions. He said that from an operational standpoint, technology improved the effectiveness and efficiency of the organization through business process improvements, real time transactional reporting and key operating indicators. Technology also improved the productivity of employees through hiring, training and reward. Finally, Mr. Gericke said technology increased customer satisfaction by allowing the city to adhere to quality service level standards and the implementation of eService. Mr. Gericke reviewed the current elements of the technology system: the user, software, and hardware, all joined by connectivity. He listed the types of software, including applications, databases, and operating systems. He said types of hardware included desktop personal computers, hand-held devices, servers, and disk storage and SAN. Finally, he said connectivity transmitted data between devices, like fiber cable, WiFi, modems and T-1 lines. Mr. Gericke said one of the major changes implemented recently was the centralization of IT planning and direction under the IT Steering Committee, headed by the City Manager, the Assistant City Managers, and department heads of relevant departments. He said the committee oversees plans and multi-year strategies, identifies funding, makes recommendations on organizing for deployment, and supports technical standards. Mr. Gericke said another change was that IT delivery of service was centralized under the MIS department. Previously, he said there were separate branches of Information and Technology support services in the Police department, Municipal Court and the Health department. He said the IT Steering Committee determined that it was preferable to centralize these services in the MIS department to eliminate duplication. He said the change resulted in better project management, Minutes - Regular Council Meeting March 2, 2004 - Page 11 better resource sharing, and standardization of hardware and software. He said the change also resulted in better desk-side support. Mr. Gericke briefly reviewed the Information and Technology Budget for FY 2003-04, totaling $9.3 million. He said the cost of technology was comprised of the purchase, implementation, training, and' operations and maintenance of the technology. He noted that the operation and maintenance of the technology was comprised of ongoing costs and vendor-directed upgrades. Mr. Gericke discussed the advances in technology in a number of departments. In the Public Safety department, he noted that the city had spent $412,356 to purchase mobile data computers. He also noted that the city has begun the process to replace the computer-aided dispatch and record management system. Regarding the utilities sections, Mr. Gericke reported that the Water department has implemented a monitoring program for water production and supply using the SCADA system, at a cost of $119,268. Mr. Gericke reported that technology was an important part of the city's re-engineering effort. He said the city's work management system was being coordinated using the MAXIMO system, as part of the Re-engineering Phase 3 roll-out, at a cost of $520,224. He said the Geographic Information System (GIS) was integrated with the work management system at a cost of $673,344. Mr. Gericke reported that MIS also supported the Utility Billing, Building Inspections, Code Enforcement, and Planning (H.T.E.) sections by providing improved access to services through Web enabling at a cost of $927,792. In Municipal Court, Mr. Gericke reported that MIS had consolidated operations with the Police department and replaced old servers and PCs at a cost of $408,744. Mr. Gericke reported that the city's most expensive software is the PeopleSofi system used for financials and human resources. He said MIS has budgeted $1,355,112 to upgrade both applications, and to provide pilots for skill-based pay and eRecruit. Mr. Gericke also said MIS has budgeted $1,183,320 for user support and training, and for consolidating support at the Police department and Municipal Court. Mr. Gericke stated that MIS has budgeted $1,815,408 for improvements to connectivity and telephone services. He said the funds were being used to improve network speed and capacity, to consolidate disk storage at both the Police department, Municipal Court, and City Hall to a Storage Area Network (SAN), and to improve telephone service to the Health department, libraries and Museum. Mr. Gericke reported that MIS had budgeted $436,000 to implement online payments and communications for the E-Government department. MIS also budgeted $268,000 for the activation of the Call Center, scheduled for launch on June 1, 2004. He said $1.1 million was budgeted for the planning and pilot stage of the automated meter reading and WiFi systems. Finally, Mr. Gericke said $66,000 was budgeted for maintenance of the Library's DYNIX system to replace the old automated card catalog and tracking system. Minutes - Regular Council Meeting March 2, 2004 - Page 12 Mr. Gericke concluded his presentation by briefly discussing the proposed Technology Investment "Three-Year Plan," including the following areas and/or departments: arena; public safety CAD/RMS replacement; PeopleSoft upgrades and enhancements; online building permits; Call Center; AMR / WiFi; CMMS upgrade (Maximo); and imaging. Mr. Gericke said the plan was in progress now, and would be brought to the Council for their consideration at a later date. Mayor Neal asked if the city had hired any outside consultants to assist with long-range technology planning. City Manager Noe replied that the city was not using outside expertise for its general technology planning. He said the IT Steering Committee was charged with the city's technology planning because, with the exception of the three-year plan initiatives, most of the city's technology initiatives were designed to maintain the city's current technology. He emphasized that the city needed to focus on maximizing the use of its current technology by providing funding for staff training. Mayor Neal expressed his concern that the city stay abreast of advances in technology that will help the city operate more efficiently and more cost effectively, especially in terms of staffing. City Manager Noe replied that the city recently used technology in this way through the implementation of the SCADA and MAXIMO programs, significantly reducing the staffing needs at the wastewater treatment plants. Council Member Colmenero asked what type of preventive measures the city has taken to protect its networks against computer viruses and worms. Mr. Gericke answered that this was a major concern, and the city was using "firewalls", anti-vires software and stafftraining to protect the city's networks. The next presentation was Item 24, a Water Supply and Strategy update. Assistant City Manager Ron Massey first provided an brief review of the state water planning process. He said Senate Bill 1 was enacted in 1997 to provide for state water resources management, and consequently, the city produced its regional plan on January 3, 2001. He said the state then incorporated the sixteen regional plans into the Texas State Water Plan, published on December 31, 2001. He stated that there were two types of strategies included in the state water plan, near-term strategies (before 2030) and long-term strategies (after 2030). Mr. Massey discussed the water supply strategies for Planning Region N, the city's region. He said the near-term strategies (until 2030) included two broad user groups, the water user group small quantity and the major water providers large quantity. Mr. Massey said the plan included the following strategies for the water user group small quantity group: Gulf Coast or Carrizo aquifer- package desal plants, conservation, and system interconnects. He said, however, that the plan did not include any near-term strategies for the major water provider large group, primarily comprised of San Patricio County and Nueces County, because their water needs were met up until 2030. Regarding the long-term strategies (after 2030), Mr. Massey said the plan included the same basic strategies for the water user groups small quantity. Unlike the near-term plan, this plan did include strategies for the major water providers large quantity group as follows: an interruptible Texana water, improvements in water quality and conservation efforts, the Garwood Pipeline, and ASR in the Gulf Coast aquifer. Mr. Massey referred to a chart outlining the city's current water supply initiatives and their costs per acre-foot, compared with the cost in the regional water plan. He named the following Minutes - Regular Council Meeting March 2, 2004 - Page 13 initiatives: Texana Firm and Interrnptible water; wastewater diversion projects; Padre Island brackish desal and ASR; Garwood Pipeline; Governor's seawater desalination initiatives; and Corps feasibility studies of the Nueces River Basin. Mr. Massey said the first four initiatives were relatively low in cost, while the last two projects were attractive because they were "targets of opportunity". Mr. Massey discussed the issues surrounding the use of groundwater, a prominent topic in water management now. He said the main concerns about groundwater revolved around the water levels, the quality of the water (saltwater intrusion), and subsidence. Other concerns were the purchase of groundwater rights; groundwater competition; regulations by new districts; extensive permitting; and environmental mitigation. Mr. Massey also reported on recent events related to the use of groundwater. He said that a Senate subcommittee had been created and had been holding hearings to identify groundwater issues to be addressed in the next legislative session. He mentioned that the San Antonio Water Supply (SAWS) had signed a Letter of Intent with a group in Refugio County to move groundwater as part of their project with the Guadalupe / Blanco River Authority. He said new groundwater districts and alliances were being created, especially in Refugio County, Bee County, Victoria County and Goliad County. He said the LBG Guyton report, issued in response to the SAWS contract, was being challenged because it stated that there was sufficient groundwater available in Refugio County. He said that there were several groundwater modeling initiatives available, and several companies were offering leases for groundwater. He said this prompted the San Patricio Municipal Water District to issue their recent RFP. Mr. Massey briefly reviewed the city's 2003 total water supply. He defined two related concepts, a firm yield and a safe yield. He said a firm yield involved pumping the reservoirs dry, while a safe yield allowed for pumping until a six-month water supply was leR. Using a firm yield concept, Mr. Massey said there were 237,000 acre-feet of water available. Under the safe yield concept, there was 202,909 acre-feet of water available. Mr. Massey presented a graph illustrating the city's water supply and demand fi.om 2000- 2010. The graph included several models, namely a growth rate model, linear regression model, firm yield supply, safe yield supply and actual demand. Over the ten-year period, he said each of the models produced the same results regarding demand. The graph showed, for example, that the growth rate model projected that water demand would be 156,416 acre-feet in 2010, while the linear regression model projected that water demand levels would be 155,731 acre-feet. The graph showed that the safe yield model projected water demand to be 201,834 linear feet and firm yield was 235,650 acre-feet. In addition, Mr. Massey said the graph displayed the actual demand from 2002- 2003. He noted that in 2000, the actual demand was 128,227 acre-feet, but it decreased in 2002 to 112,996 acre-feet because of heavy rainfall. Mr. Massey also presented a graph which projected supply and demand to 2060. According to the projections, he said the city would have a sufficient water supply until 2028, rather than 2025, as previous projections had predicted before the city had built the Lake Texana pipeline. Mr. Massey referred to a pie chart illustrating the pementage of sales for the city's water users. The City of Corpus Christi comprised 62.83 percent of the water sales. Minutes - Regular Council Meeting March 2, 2004 - Page 14 Mr. Massey discussed the process for the raw water cost adjustment (RWCA). He said the process was implemented in 1997, and was designed to recover all water supply expenses on an annual basis, yet remain revenue neutral. It consisted of the ratio of total annual expenses divided by the estimated units of water sold per 1,000 gallons, which would be passed on to the consumers. He said if the city over collected, the balance would be applied to the next year's revenue stream to reduce the revenues, and vice versa. Mr. Massey referred to a graph depicting the historical raw water costs per thousand gallons over the last ten years (1995-2004). The rate increased by 16.3 cents, or 18 percent, over this period, culminating in a 90 cent charge in 2004. Of the 16.3 cents, he said 12 cents was attributed to low sales, and 4.3 cents was due to increasing expenses. Mr. Kinnison asked if there were any RWCA projections for 2004-2005. Ms. Martha Messer, an accountant in the Finance Department, stated that her preliminary projections showed a four percent increase to approximately 92.5 cents per thousand gallons. Mr. Massey said that the RWCA was under collected in 2003 by $3.9 million, which meant that this amount would be automatically rolled over into the projected expenses for 2004. Mr. Kelly asked why, over time and with the adjustments, the raw water costs had not stabilized. Mr. Ed Garafia, Director of the Water Department, replied that the estimate for the gallon units sold could be volatile. The gallon units sold per thousand, or demand, was dependent on several factors, such as the weather, which could be difficult to predict. Mr. Massey said staff was now using a four-year average to base their projections. City Manager Noe added that staff could provide a report comparing staff's estimates for water usage from 1997 to the present and, if applicable, the amounts that were carried forward. Mr. Massey cautioned that the increase in raw water costs was not solely because of under collection the previous fiscal year; rather, increases in expenses were additional factors, such as when the city made capital expenditures for new water sources (i.e. construct the Garwood pipeline) or for maintenance on existing water sources (i.e. repairs to Wesley Seale dam). Mayor Neal asked staff to revisit the original raw water cost formula to demonstrate that the revenues have only been used to defray the cost for developing new sources of water and/or for repairs on existing sources of water. Mr. Massey discussed the previously mentioned San Patricio Municipal Water District's Groundwater Land Lease Request for Proposal (RFP) in more detail. He said the initial capacity being requested was 10 MGD, with the capability to expand to 40 MGD, to be transported to their facility in Ingleside. He said the district proposed to design, construct, own and operate the facility. Additionally, the San Patricio district was requesting information on the quantity and quality of the groundwater; a price proposal (dollars per 1,000 gallons or acre-feet); the identity of the lessor; and information on any third parties involved (regulatory approvals, potential opponents). Mr. Massey provided a chart enumerating the impact San Patricio's initiative could have on the city's raw water costs. If water sales increased by 10 MGD, the RWCA would decrease to 81 cents, assuming sales of $39,850,000 per 1,000 gallons. Conversely, if sales decreased by 10 MGD, the RWCA would increase to 99 cents per gallon, assuming sales of $32,550,000 per 1,000 gallons. Mr. Massey said the rate was basically 10 cents per 10 MGD. Mayor Neal asked how many MGD San Patricio used now. Mr. Garaita replied that they used approximately 19,000 acre-feet, and purchased an additional 3,700 acre-feet of treated water. Minutes - Regular Council Meeting March 2, 2004 - Page 15 Mr. Scott observed that the city did not include groundwater as a strategy in their initial regional plan because the acquisition would have increased raw water costs without an increase in sales, since the city had already met its water needs in the near-term and would not draw from the groundwater until later. City Manager Noe added that if the city wanted to consider using groundwater as a water supply, it should be considered as part of the plan for the region. City Manager Noe said staffwould provide the requested information on the raw water cost adjustment at the next Council meeting on March 23. The final presentation was Item 25, a discussion on the development of the Bond 2004 program. Assistant City Manager Mark McDaniel discussed various issues related to affordability. He said the debt for the bond issue could be structured in the following two ways: a $70 million issue that would require no tax increase for debt service; or a $100 million issue that would require a three-cent tax increase for debt service. He said another issue was the operation and maintenance (O&M) costs for the proposed projects that may require an additional tax increase. Finally, another issue was the utility relocations for a number of the proposed projects that will require additional utility rate increases. City Manager Noe added that the city had the data on this issues for the Council's consideration in the decision making process for the bond package. Assistant City Manager McDaniel stated that the bond packages assumed a three percent annual growth rate in property values and a 4.98 percent interest rate. He also discussed the potential impact of Proposition 13, saying that in Year 1 (2004), the impact would be a quarter cent, growing to 2.76 cents in Year 10 (2014). He clarified that the $70 million bond package without a tax increase assumed that Proposition 13 was not a factor. Mayor Neal asked how long it would take staffto provide prioritization on the major street projects. He commented that based on the large scope of needs in the community and the amounts other governmental entities were issuing, he felt that the $100 million would be more appropriate. Council Member Kinnison commented that he would like to see staff's prioritization of the projects because he wanted to know which projects would have the greatest impact on the community. He also said he would like to see the O&M costs and utility relocation costs associated with the proposed projects. Mr. Kinnison said he was concerned that the community would overextend itself financially if it were to approve the large bond issues being proposed by the city and CCISD, in addition to the previously approved bond issue by Del Mar College. He said he feared that the city would end up with the highest tax rate in the state if it passed all of these large bond issues, to the detriment of area businesses and the citizens. He also asked for information on the effects of Proposition 13 on the bond issues. Mr. Colmenero observed that if Proposition 13 were approved, the tax burden would be borne by only 4/5tbs of the community. He also commented that the community would have to decide whether the city's infrastructure and other needs should be addressed now, or deferred to a later date at a higher cost. Mr. Scott stated that an $100 million bond issue seemed appropriate, but he had concerns about the increases in the tax rate. He was also concerned about the local development community's Minutes - Regular Council Meeting March 2, 2004 - Page 16 ability to complete all of the projects. City Engineer Escobar replied that in his discussions with the development community, they felt they could handle the work. He also said that his sense was that the out-of-town businesses would fill in the gaps, keeping the costs competitive. Mr. Kelly asked staff to provide information on what additional projects the $30 million difference between the $70 million issue and the $100 million issue could provide. Mayor Neal called for a brief recess to present proclamations. The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about the Council members allegedly charging their Chamber of Commerce membership dues to their council accounts, and also regarding bilingual postings for the Public Information Act. Mr. Bill Kopecky, 3609 Topeka, spoke in favor of implementing Proposition 13. Mr. Abel Alonso, 1701 Thames, spoke against the implementation of Proposition 13. Mr. Sirfrederickvonusa King 7a, 905 Cleveland #4, spoke regarding his concerns about the effects of the Packery Channel project on the environment. Mayor Neal resumed the discussion on the Bond 2004 program. Mr. Noyola stated that he preferred not to have a tax increase, but he knew that the community badly needed street improvements, so a $100 million bond issue may be more appropriate. He said he could support a $100 million issue if the projects were fairly spread out among the council member districts. Ms. Cooper spoke in support of the $100 million bond issue. She said the city may be reticent to choose a large bond issue for fear of overburdening the taxpayers, in light of CCISD's proposed bond issue, Del Mar's recent large bond issue, and the County's plans to raise taxes. But ultimately, Ms. Cooper said the city needed to let the taxpayers decide where they wanted their tax dollars to go. She said the city should not let a fear of overburdening the taxpayers prevent them from making progressive, essential improvements that the community badly needed. She said that if the city made a strong case for their bond issue, the citizens may decide to vote against CCISD or against the county. Mr. Kinnison reiterated his concern that the community would overextend itself by voting for an $100 million bond issue that includes a three-cent ad valorem tax increase, and probable utility rate increases and tax increases for O&M costs. Mr. Garrett stated that the $70 million bond issue would be more attractive because it would not increase taxes. Mayor Neal asked staffto provide information on the proposed projects for a $70 million bond issue, and break out the additional projects that an $100 million bond issue would fund, including provisions for the bayfront master plan. He also asked staff to include the utility relocation, O&M costs, and effects of Proposition 13 in the scenarios. Mr. McDaniel answered that staffwould provide the information for the March 30 or the first meeting in April. Minutes - Regular Council Meeting March 2, 2004 - Page 17 Mayor Neal called for the City Manager's report. City Manager Noe reported that a press conference would be held this Thursday at 11:00 a.m. at the American Bank on Shoreline Plaza regarding a new window decal promotion for the All-America City award. He also referred to a memo outlining a number of staff changes, including the appointment of Ms. Debbie Marroquin as Acting Budget Director and Assistant City Manager Margie Rose as Acting Parks Director. Finally, Mr. Noe said that the following items were scheduled for Council consideration at the March 23 meeting: presentation on the Velocity Games; parameter sale on the bond issue for the baseball stadium; and the landfill discussion tabled on February 24. Mayor Neal called for Council concerns and reports. Mr. Kinnison congratulated Flour Bluff, Tuloso-Midway, Carroll, Moody, and King High Schools for participating in the Academic Decathlon held in San Antonio last weekend. He recognized King High School for placing fifth in the state in the large school category, the highest level ever achieved by a CCISD school. He noted that his son was a member of the King High School team, and congratulated him. Mr. Kinnison also announced that the NCAA has named Corpus Christi as a site selection finalist for a women's NCAA tournament game. He said SMG was working with Texas A&M University- Corpus Christi to hopefully secure the tournament for next year. Mr. Kinnison also noted that the Council had received the County's response, through their attorney, Mr. Van Huseman, to the city's letter regarding the county jail contract. He commented that their response indicated some level of confusion about the city's offer. He said their response indicated that if the city was proposing to spend $1.8 million on a new center, and the county was asking for $2 million, then it seemed both sides were close to making a deal. City Manager Noe answered that there was some level of confusion. He said the county was actually offering to completely operate the j ail for the $2 million, including the i.d. services. He said, however, that the city was not comfortable with this offer because they were unsure what level of i.d. services the county would provide. He said the letter was more of a comparison of the current offer of $797,000 to the $2 million. Mr. Noe stated that there was a benefit to meeting one more time to make sure the county understands the offer. He said the simplest way to do this was to offer them a contract outlining the terms in detail. Mr. Kinnison asked how the city could present this information to the County Commissioners Court as a whole, because he felt that the entire court was not fully informed about the city's offer. Mr. Noyola suggested that the city and county have a joint meeting to discuss the matter. Mr. Kinnison replied that based on the current environment, he felt the meeting would deteriorate. He suggested that if a joint meeting were to take place, it should be with a small groups of county commissioners and council members. Mr. Noe said the biggest disappointment he had with the county's response was that it did not come directly from the County Judge or a county commissioner; rather, their attorney replied on their behalf. Mr. Kinnison said he understood that any county commissioner could ask to place an item on the agenda. City Manager Noe said he would be willing to sign up for public comment at a commissioners court meeting if desired. Mayor Neal cautioned that he had seen the County Judge pass over items on the agenda if he did not choose to discuss them. Mr. Noe stated that he would be happy to transmit another letter asking the County Judge to place the issue on the agenda. He added that staffwas moving forward on plans to create the magistration center now. Mr. Kinnison emphasized that he did not feel that the taxpayers would benefit if the city were to construct and operate its own magistration center, so every effort should Minutes - Regular Council Meeting March 2, 2004 - Page 18 be made to negotiate with the county. He also said he hoped the newspapers and the editorial board would provide the public with the facts about the matter, since there was a degree of misinformation circulating about the city's offer. Ms. Cooper asked about the status of the nightclub that was going to constructed on Staples Street across from King High School. Mr. Kinnison replied that the project was still in progress, but their time line had been delayed. Ms. Cooper stated that it was difficult to make a right turn onto McArdle Road toward the malls because of the construction. She thought the turn was too sharp, and she asked staffto investigate. She also asked staff to investigate a problem with a turn from Staples Street to the expressway. She announced that the next town hall meeting would be held on April 5 at Lindale Senior Center, hosted by Council Member Colmenero and the other at-large council members. Mr. Kelly commented on the report in the City Manager's Transmittal regarding a leaky roof at Northxvest Library. He commended staff for addressing the problem so effectively. Mr. Noyola asked staff to speak with TxDOT about improving the signage marking the turn on Hwy. 44 to the airport going west. He also reported that there was trash in gutters on Saratoga Boulevard near Weber and Kostoryz, and trash in the gutters on Kostoryz near the turn to Galvan Elementary. He also provided the location of a stack of tires he had reported seeing last week, saying that they were on Bear Lane near Old Brownsville Road and CliffMaus. Finally, Mr. Noyola agreed with Mr. Kinnison that the city must make every effort to speak with the county to resolve the jail issue. Mr. Scott asked when the next update on the desal project on Padre Island was scheduled. City Engineer Escobar replied that the next update was scheduled for March 23. He said he would also like a document from the City Manager outlining the costs for the Southside Transmission Line, including the costs for the Laguna Madre. Mr. Scott asked City Manager Noe about a letter from Mr. Bill Durrill expressing concern about the quality of development on Saratoga Boulevard. City Manager Noe replied that Mr. Durrill's concem was about regulating the style of development, but he reported that regulations on signage were in progress. Mr. Kinnison interjected that he would like a written update on the signage regulations, and he agreed with Mr. Durrill that Saratoga Blvd. did need regulations regarding development. City Manager Noe replied that the regulations were part of the area development plan, but staff could develop a schedule to provide a separate ordinance on signage. Mr. Kelly added that the same signage issues applied to F.M. 624 in his district. Mr. Noe replied that the ordinance would apply citywide, not just to Saratoga. Mr. Scott asked if the county was assisting the city in controlling traffic on the island during Spring Break. Assistant City Manager Margie Rose said the county constable's office was providing assistance during beach activities. Mr. Scott said that the county's limited assistance was another example of the county's lack of cooperation. He invited the Council to attend the Rotary Club meeting at noon this Thursday at the Ortiz Center to hear Mr. David Dean, Executive Director of TX-21, speak regarding state transportation issues. Finally, he asked Mr. Noe to work with SMG to assist them in generating sales at the arena to ensure a successful opening. City Manager Noe said he speaks with Mr. Marc Solis daily to discuss plans on the arena. Mr. Colmenero echoed Mr. Scott's sentiments regarding the arena. Regarding the Minutes - Regular Council Meeting March 2, 2004 - Page 19 Neighborhood Improvement Program, he asked to have more reviews on past projects to ensure the areas would sustain the improvements. City Manager Noe replied that staff was working on one- year sustainability plans for each of the previous areas. Mr. Colmenero asked that several lamps that were removed on Furman Avenue be replaced. Finally, he asked for an update on negotiations for international air service at the airport. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:17 p.m. on March 2, 2004. COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of six (6) automated side- loading refuse trucks from the following companies for the following amounts for the total amount of $990,534. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These automated side-loading refuse trucks will be used by Solid Waste Services. Financing will be provided through the City's lease/purchase financing program. Rush Truck Center Houston, Texas Truck Chassis $613,500 McNeilus Truck & Manufacturing Hutchins, Texas Refuse Packer Body $377,034 Grand Total: $990,534 Purpose: Basis of Award: Price Analysis: Funding: These refuse trucks will be used by the Solid Waste Services Department as part of the third phase of the City-wide automated collection system. The remaining Twenty-two thousand residents residing in the north, central and south areas of the City will be serviced under this final phase of the program. The truck chassis will be ordered by Rush Truck Center and delivered to McNeilus Truck & Manufacturing (McNeilus) for installation of the refuse packer bodies. McNeilus wilt deliver the trucks to the City in the fall of 2004. Local manufacturers' dealers will provide warranty support service. The split awards are required due to the establishment of two independent contracts by TLGPC. An additional $400 will be paid to TLGPC as an administration and contracting fee. The trucks will be purchased through the cooperative purchasing agreement with the TLGPC. TLGPC is administered by the Texas Association of School Boards (TASB) and co-sponsored by the Texas Municipal League (TML) and the Texas Association of Counties (TAC). TLGPC acts as an independent agency awarding exclusive cooperative purchasing contracts for its members. The City purchased five similar trucks in 2003 for a unit price of $164,839. The current unit price is $165,089. These refuse trucks will be funded through the City's lease/purchase financing agreement for a 60-month period. The estimated interest rate is 2.5 %. The actual interest rate will be determined after acceptance of the vehicles. The annual payment for all six (6) refuse trucks is $210,952.44. The 60 months total, including principal of $990,534 and interest of $64,228.20 is $1,054,762.20. The amount shown below is for one month payment for this fiscal year. Funds to support the balance of the lease will be requested by Solid Waste Services for FY04-05 and all subsequent budget years. Solid Waste Services 530190-1020-12510 FY03-04 (1 month) pMrioCchua~e m~Bean~r ~a~ eCie r~al 'S e rv ice s Manager $17,579.37 3~23~2004 Refuse Trucks - Side Loaders Truck Chassis 2004 Perterbilt 320 chassis Packer Bodies McNeilus 2875 packer bodies City of Corpus Christi Purchasing Division Bid Tabulation Qty 6 6 Unit each each Rush Truck Center Houston, Texas Unit price Total $102,250 $613,506 McNeilus Trcuk & Manufacturing Hutchins, Texas Unit Price Total $62,839 $377,034 Awa rd Tota I $613,500 $990,534 $377,034 Grand Total 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of eighteen (18) riding mowers from John Deere Commercial, Cary, NC, in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC), for a total amount of $101,236.50. The riding mowers will be used by the Park & Recreation Department. Funds are available in the FY2003-2004 Park Operations Budget. ****************************************************************************** BACKGROUND: Purpose: The mowers will be used by the Park Maintenance Division of the Park & Recreation Department. They are additions to the fleet and are required to initiate a change to the operations of the Division. Mobile crews that have historically been responsible for trim work on parks will now be equipped with mowers to do a turnkey job while at the job site. The change is targeted at improving services and lowering the overall costs of maintaining City parks. Award Basis: The mowers will be purchased through the cooperative purchasing agreement with the TLGPC. TLGPC is administered by the Texas Association of School Boards (TASB) and co-sponsored by the Texas Municipal League (TML) and the Texas Association of Counties (TAC). TLGPC acts as an independent agency awarding exclusive cooperative purchasing contracts for its members. Funding: Maintenance Services 550020-1020-12910 Capital Outlay Line Item 105A Mir Procurement and General Services Manager $101,236.50 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03~23~04 AGENDA ITEM: Appropriating $34,902.41 from the State of Texas in the NO. 1061 Police Grants Fund - Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. Amending the FY 03-04 budget adopted by ordinance NO. 025394 by adding $34,902.41 to the NO. 1061Police Grants Fund - Law Enforcement Officer Standards and Educationl and declaring an emergency. ISSUE: Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND INFORMATION: The funds are received from the State as directed by Government Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. REQUIRED COUNCIL ACTION: Appropriation of funds. PREVIOUS COUNCIL ACTION: The City has received this funding since 1996 and has appropriated funds each year. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. Attachments: Deposit slip Letter from Texas Comptroller of Public Accounts CITY O~ C~ORPUS CHRISTI CASH RECEIPT REPORT: Processed Dept.'S-~pre~r~p"~cd/Revicwed by: ~,'~*1 (?)~.J. Date~f ~)q Ext: ~,~0 ]~ Bank Bag #: '~ PAY ACCOUNT FUND ORG. PROJECT/ BUDGET AMOUNT REMARKS GRANT YEAR CODE CASH VERiFICATION COUNT AMOUNT CURRENCY ........... $100s $ 50s $ 20s $10s $ 5s $ls $ $ $ $ $ $ COiN .................. $0.50 $0.25 $0.10 $0.05 $0.01 CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL $ s 3H eton. fl I * If you have inserted a 2-digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment C6de in the first column, you must complete the remaining columns. I.e., Account, Fund, Org., Project/Grant, Budget Year, ~.mount, and Remarks. WHITE/YELLOW- CENTRAL CASHIEPdNG PINK- DEPARTMENT COPY GREEN - PERMANENT FILE COPY Revised 11/01/99 TEXAS COMPTROLLER OF PUBLIC ACCOUNTS AUSTIN, TEXAS 78774-0100 February 27, 2004 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-0000 Vendor number: 17460005741-051 Enclosed is your annual allocation payment from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 34,9o2.41. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full-time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January I of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer or licensed jailer on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2oo5, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2oo5 Allocation Basis form to us no later than April 16, 2004. The information provided on this form must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us toll free at 1-800-531-5441, extension 3-4530, if you have any questions or if we can be of assistance. The Austin number is 512/463-4530. (From a Telecommunications Devtce for the Deaf (TDD) ONLY call 1-800-248-4099 toll free. The ~stin TDD number is 512/463-4621.) Enclosures Form 40-305 (Rev.2~o/3) pAyTNG AGEH~Y · PAY THXR~ ,~ T.~ TO THE CXTY OF CORPUS CHRISTI POLICE DEPARTHENT ORDER PO BDX OF CORPUS CHR~ST~, TX VOID AFTER 08/'31/2006 ORDINANCE APPROPRIATING $34,902.4'1 FROM THE STATE OF TEXAS IN THE NO. 1061 POLICE GRANTS FUND-LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR TRAINING OF POLICE PERSONNEL AND PURCHASE OF TRAINING EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $34,902.41 is appropriated from the State of Texas in the No. 1061 Police Grants Fund - Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: March 15, 2004 Lisa Aguilar (_~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3~23~04 AGENDA ITEM: (Caption as it should appear on the agenda) ITEM A: Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed grant in the amount of $225,000 for Site I North for the continued support of the Weed & Seed Program from the U.S. Department of Justice (DO J). ITEM B: Ordinance appropriating $225,000 in Site I North from the United States Department of Justice for the continued suppod of the Weed and Seed Program FY 03/04in the Federal/State Grant Fund No. 1067. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. REQUIRED COUNCIL ACTION: ITEM A: City Council action is required to accept a renewal grant award in the amount of $225,000 for Site I North from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2003 to 12/31/2004. ITEM B: City Council is required to appropriate $225,000 in Site I North from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2003 to 12/31/2004. PREVIOUS COUNCIL ACTION: For the past seven years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The City Council, on March 25, 2003 appropriated a $225,000 Weed and Seed FY02-03 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. FUNDING: Federal Grant CONCLUSION AND RECOMMENDATION: ITEM A: Staff recommends acceptance of $225,000 for Site I North from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2003 to 12/31/2004. ITEM B: Staff recommends appropriations of $225,000 in Site I North from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 0810112003 to 12/31/2004. Attachments Contract / Subrecipient Summary Margie C. Rose, Assistant City Manager / Interim Director Park and Recreation Department BACKGROUNDINFORMATION Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999 The Executive Office for Weed & Seed directed The City of Corpus Christi to separate their two sites for funding and recognition and insure 50% of our budget went to the Law Enforcement side of the program. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has funding, Site I has $225,000 of available funds, Site II has $225,000 of available funds for a total of $450,000 from the Department of Justice. Site I North must use $112,500 for CCPD weeding efforts. Site II West has $112,500 for CCPD weeding efforts. /~3uS/o4 NON 10:59 FAX 202 616 1159 DOJiOJPi~EED&SEED ~ 002 U.S. Depa[lment of Justice Office of lusficc Programs Office of Com~un~cafl'ons ~r~i~ta~, D, C, 20J$1 GRANT NOTIFICATION Gr~i Number:. 2002-W$-QX-0005 N~me & Afld~s~ of Recipient: Ci~ ~Co ~,~ ~ Site I No~h Po Box 923 1201 Le~ i~ Ci~ Hall Cily, S~te & Z~: Corm ~ i~, Te~ 78469-9277 R~ipimt ~oje~ ~r/Contl~: Geo~ Noe Phone: Title of ~m: ~ 2~3 ~live ~c~ ~or Weed ~d Seed Pmg~ ~ide a~d Application ~t: Confin~ffon Tire of ~oj~: ~ 2~3 Exe~five Offio for W~d ~d ~ed ~o~ Guide ~d Appli~tion ~t: Con--non Si~s Execotivc O~ce for We~; and Seed l~n A Holbca~ A~,arflin~ A~'ncy: Supplement; Yes Stammcy Aulho~jty fo~ ~: Title 1 of :se ~nib~s Crime Coati and S~e $~ Act of 1968. 42 U.$,C. 3701, ET, SEQ., ~: L~al C~A N~ 16_595 Project Descdption: This supplement n~lnv-sems the third awa~l under I ~e required five year re-cenifiestion ~O support the Weed and Seed su-ate~, for Corpus Christi Site [. Thc original target area ha., ~ expanded to include Census Tracts 6, 1 I, and a pon'ion off-act 10. Dminl~ this project p~od~ lo~al law cnforgr, ment wi'Il ~o11 ibla~a~: with Fcderal arid State law crd'oivcnwnt a~n~ios tO ~du~ drag trafficking and drag-related crime with special en. ,ha.sis on transient and victlmless crimes in the target area_ Community policii~g will focus on increasing policc 'risibility by incrcl ~ ina thc number of Di~cted Patrol Offiocrs and zstabli.shing greater ~opgrative rela. fio~hips with residenls, business owners and; ~mmonity agencies. Prevention, intervention, end treauneRt initiatives will involve the o0ntinued support and expansion of~ ~ aningful youth ser~icell, family services, reclx, ui0nal, onltta'al~ health educatin~al and social prog~ taus in an attempt to ~: cate a positive coramunity enviromnznt ~nd attitodc toward fighting crime. Neighhorhned restoration will involv~ Federal, gl ! tc, local, and private sector resources converging on dis~ssnd neighborhoods to increase economic a~cl community opportunities ii r ~e reslilents 0fthe targeted ga. Corpus Christi Sim I h~s allocated $112,730 of th ! total $:125,000 awed to support it~ weeding activ/ties, including community ~lieing. 03/08/04 ~ON 11:00 FAX 202 616 1159 DOJ/OJP/WEED&SEED ~003 U.S. Deps~tment of Justice Office of Sustice Programs 0:~ of Cornn, un~¢at~ons Each Wccd and Sccd s~t~ is r~qulred to demonsm e its local comdination cfforts in its apgllcat~on for Official Recognitioa. Sites mu~t ~ubmit a f~rm commltme~t of' either timc or msou :ca to thc project in a specific Memorandum of Understanding (MOD"). ca/ncf For more information about this grant, contact thc ~)FAce of $~stice Program's Office of CommUmcations at 202/3070?03. ORDINANCE APPROPRIATING $225,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE NO. 1067 PARK AND RECREATION GRANTS FUND FOR THE CONTINUED SUPPORT OF THE WEED AND SEED PROGRAM, SITE I NORTH FOR FY 2003-2004; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $225,000 is appropriated from the U.S. Department of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site I, North, for FY 2003- 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: March 15, 2004 Lisa Aguiiar--~~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charier rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3~23~04 AGENDA ITEM: (Caption as it should appear on the agenda) Item A. Motion authorizing the City Manager or his designee to execute an agreement with Mr. Lorenzo Knowles to provide $946 from the FY03/04 Weed and Seed Program for mentoring the Drug Education for Youth Program and activities in Site I North. Item B. Motion authorizing the City Manager or his designee to execute an agreement with Planned Parenthood of South Texas, Inc. to provide $4,730 from the FY03/04 Weed and Seed Program to implement collaborative partnerships with existing community programs to provide after school, weekend and summer programs in Site I North. The goal is to reduce at-risk behaviors including drug and alcohol use and teen pregnancy among Weed & Seed adolescents. Item C. Motion authorizing the City Manager or his designee to execute an agreement with The Boy Scouts of America-South Texas Council to provide $1,113 from the FY03/04 Weed and Seed Program to implement their learning for life program in the targeted census tracts through the CCISD locations. Item D. Motion authorizing the City Manager or his designee to execute an agreement with YMCA to provide $10,000 from the FY03/04 Weed and Seed Program to implement prevention programs. The Coles Prime Time Program (licensed childcare after school) Summer Basketball League and Summer Swim Program. Item E. Motion authorizing the City Manager or his designee to execute an agreement with The City of Corpus Christi, Park and Recreation Department to provide $10,000.00 from the FY03/04 Weed and Seed Program to implement their sports program. This would be for the Winter and Summer Basketball program for the North Side Community. Item F. Motion authorizing the City Manager or his designee to execute an agreement with God's Gym to provide $8,000 from the FY03/04 Weed and Seed Program to implement after school programs for youth to participate in developing and enhancing their artistic skills, fitness and conditioning workshops, mentoring and tutoring assistance. Item G. Motion authorizing the City Manager or his designee to execute an agreement with Beautify Corpus Christi Association to provide $8,333 from the FY03/04 Weed and Seed Program to provide art projects & activities for the youth and adults of the North Side. Item H. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Housing Authority to provide $8,334 from the FY03/04 Weed and Seed Program for providing a continuation of services to the youth of public housing to include outdoor activities, life building and team concepts skills, and recreational sports. Item I. Motion authorizing the City Manager or his designee to execute an agreement with Metro Ministry of Corpus Christi to provide $8,333 from the FY03/04 Weed and Seed Program to implement basic health care services that help to fill the gap in services, stabilize the client's health situation and allow them the opportunity to focus on the social and financial problems that typically accompany homelessness. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. REQUIRED COUNCIL ACTION: Authorization to execute agreements. PREVIOUS COUNCIL ACTION: For the past seven years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The City Council, on March 25, 2003, appropriated a $225,000 Weed and Seed FY02-03 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. FUNDING: Federal Grant CONCLUSION AND RECOMMENDATION: Weed and Seed Steering Committee recommends that the City Council authorizes the City Manager or his designee to execute the agreements. David Ondrias, Acting Director Park and Recreation Department Attachments Contract / Subrecipient Summary BACKGROUNDINFORMATION (Additional Background) The Weed and Seed Steering Committee received 35 Requests for Proposals. Seven agencies were selected for funding. The amount of funds to be distributed for Subgranting by DOJ in Site I North is $59,789 and in site II West its $78,843.The Steering Committee limited grants to a maximum total of $25,000 per request. Groups could request no more than three proposals for funding. Notice requesting proposals for programs for the target areas were posted in the Caller Times on May 25th & June 1, 2003. Pre-proposal meetings were held at City Hall basement training room on June 9th & 13th, 2003. A total of 35 proposals were received totaling $529,726. The Weed and Seed Steering Committee met to review and listen to presentations given by the applicants on July 7, 2003. They met again on July 24, 2003 to vote on and select FY03/04 funded agencies. Ten voting members of the Steering Committee were present and scored their proposals. The Steering Committee evaluated our required funding for HUD, Neighborhood Restoration/Economic Development and Alcohol and Drug Abuse. As a final result of their review they recommended funding on 9 proposals for Site I North: Beautify Corpus Christi Association for $8,333, Planned Parenthood of South Texas, Inc. for $4,730,YMCA for $10,000, Corpus Christi Housing Authority for $8,334, Gods Gym for $8,000, City of Corpus Christi Park and Recreation for $10,000, Metro Ministry of Corpus Christi for $8,333, Lorenzo Knowles for $946, and Boy Scouts of America- South Texas Council for $1,113 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3123/04 AGENDA ITEM: (Caption as it should appear on the agenda) ITEM A: Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed grant in the amount of $225,000 for Site II West for the continued support of the Weed & Seed Program from the U.S. Department of Justice ITEM B: Ordinance appropriating $225,000 in Site II West from the United States Department of Justice for the continued support of the Weed and Seed Program FY 03/04in the Federal/State Grant Fund No. 1087. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. REQUIRED COUNCIL ACTION: ITEM A: City Council action is required to accept a renewal grant award in the amount of $225,000 for Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2003 to 12/31/2004. ITEM B: City Council is required to appropriate $225,000 in Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2003 to 12/31/2004. PREVIOUS COUNCIL ACTION: For the past seven years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The City Council, on March 25, 2003 appropriated a $225,000 Weed and Seed FY02-03 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. FUNDING: Federal Grant CONCLUSION AND RECOMMENDATION: ITEM A: Staff recommends acceptance of $225,000 for Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2003 to 12/31/2004. ITEM B: Staff recommends appropriations of $225,000 in Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 08/01/2003 to 12/31/2004. Attachments Contract / Subrecipient Summary Margie C. Rose, Assistant City Manager / Interim Director Park and Recreation Department BACKGROUNDINFORMATION Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. The Executive Office for Weed & Seed directed The City of Corpus Christi to separate their two sites for funding and recognition and insure 50% of our budget went to the Law Enforcement side of the program. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has funding, Site I has $225,000 of available funds, Site II has $225,000 of available funds for a total of $450,000 from the Department of Justice. Site I North must use $112,500 for CCPD weeding efforts. Site II West has $112,500 for CCPD weeding efforts. a3 o~ 04 MON 11.00 FAX ~0~ 616 1159 DOJ OJP WEED&SEED ~004 u.s. Department of JmOce Office of Svstice Pro,rams Office of Comrnunlcations Wa~dn~ton. D.C. 20§$! GRANT NOTIFICATION Grant Numbe~. 200~W$-QX-OI28 Name & Add~ of Kccipicat; City, State & ZIP: City Of Co ,cs Christi Site Ii West Po Box 92:' Coq>us Ch~ i ;ti, Texas 78469-9277 Recipient Project Director/Cuntaet: Genrgc Nde City Manager Phone: (361) 880-3419 Title of Program'_ FY 2003 Executive Offic~ for Weed and Seed Program Guide and Application Kit: Continuation Sites Title of Project: FY 2003 Executive Offic,, for Weed and Seed Program Guide and Application Kit: ContJnuatian Sites Ammmt of Award: $ 225,000 Date of Award: 02109[2004 Awarding Agency: Supplcmant: Exc~'utive Offi~ for Wet ~ and Seed Erin A I1oI~ Statutory Authority for Program: Title l of: se Omnibus Crime Contel and Safe Streets Act of 1968. 42 U.S.C. 3701, ET. SEQ., as amend ~ t. Impact/Focus: Local [ CFDA Number:. 16.595 Proj~zt Deanription: This ia thc sr~ond award under the required five ] ~ ar re-certification to $tri:rport thc Wccd sad Sc~d st~ateg~' For Corpus Christi (West) Sire 11. The original ~arl~l ama has ct, pan I :d to include c,~usus t~av~ 8, 11.18.02. 35. t6,01.36.0~ and 36.03. During this groj~:t period, local law enforcement will collalx I ate with IZcd~ral and 5ta~: law mfotc~mcnt agencies to ri:duce drag trafficking and gtug-v:la~d cfim~ in idontificd "hot ~otz" w ttin thc t~§¢t arca,a. Community policing will fo~a.s on increasing police ~is~ility by im:rcaaiag thc number of Di~otsd Palzol Offic: cs and ~labliahing greater Conln:rafive relatiomhips with re~idonts, business own~ and community agencies. Prevention, ial~, vontion, and ~reatm~nt initiatiws will involve the cOnEaucd support and expanaioa of mcaaing~d youth servieea, family services, reci ;ational, cultural, health cai% educational and social prO-~a in an aRempt to create a positive community un'drommmt and att/~de toward fighting crime- Neighborhood restoration will Involve Federal, State. Io~al, and private s~ctm' gsomccs converging on I st~ssed neighborhoods to icc/ease economic and community oppoil'unifies for the r~sid~a~s office targeted area. Corpus Christi (West) Site II has allocated $128,4: 2 of the total $225,000 award to suppo~ its we~ding activitieg including commanity policing. Each Weed and Seed site is required to demonstra I ', its local coordination effo~ta ia i~, application for Official R~ogintion, Sites must 03/08/04 iON 11:00 FAX 202 616 1159 DOJ/OJP/~ED&SEED ~005 U.S, Department of ,Iuatice Office of Justice Progmms O~ce of Com,nu~ica~ons ubmit a finn ~omraitm~-nt of ¢i~¢r time or msou :es to ~he project ill a specific Memormxdum of U~de~nding (]~IOU), ~f For more infcrmation about this ~ffant~ co.act ~¢, )ffice of hl.stic¢ Pr~glram'$ Office of Commmucations at 202/307-0'703. ORDINANCE APPROPRIATING $225,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE NO. 1067 PARK AND RECREATION GRANTS FUND FOR THE CONTINUED SUPPORT OF THE WEED AND SEED PROGRAM, SITE II WEST, FOR FY 2003-2004; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $225,000 is appropriated from the U.S. Department of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site II West, for FY 2003- 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: Mamh 15, 2004 Lisa Aguilar '~__~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex ^. Kinnison Jesse Noyola Mark Scott CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3~23~04 AGENDA ITEM: (Caption as it should appear on the agenda) Item A. Motion authorizing the City Manager or his designee to execute an agreement with Mr. Lorenzo Knowles to provide $946 from the FY03/04 Weed and Seed Program for mentoring the Drug Education for Youth Program and activities in Site II West. Item B. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Housing Authority to provide $13,500 from the FY03/04 Weed and Seed Program for providing a continuation of services to the youth of public housing to include outdoor activities, life building and team concepts skills, and recreational sports. The program will include those youth in the Calallen area. Item C. Motion authorizing the City Manager or his designee to execute an agreement with Boys &Girls Club of Corpus Christi, Inc. to provide $6,000 from the FY03/04 Weed and Seed Program to provide an after school program and promote abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. Item D. Motion authorizing the City Manager or his designee to execute an agreement with Fighting To Rid Gangs In America Foundation to provide $14,397 from the FY03/04 Weed and Seed Program to implement after school and weekend alternative activities at their activity center classrooms, gym, and computer center. Item E. Motion authorizing the City Manager or his designee to execute an agreement with Goodwill Industries to provide $8,000.00 from the FY03/04 Weed and Seed Program to hire, train and maintain our SEEDTECH on-site computer education lab, and all the benefits that will accompany the project. Item F. Motion authorizing the City Manager or his designee to execute an agreement with The City of Corpus Christi, Park and Recreation Department, Aquatic Division to provide $25,000 from the FY03/04 Weed and Seed Program to implement their free summer swim program at Greenwood and Violet pools. Item G. Motion authorizing the City Manager or his designee to execute an agreement with God's Gym to provide $11,000 from the FY03/04 Weed and Seed Program to implement after school programs for youth to participate in developing and enhancing their artistic skills, fitness and conditioning workshops, mentoring and tutoring assistance. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. REQUIRED COUNCIL ACTION: Authorization to execute agreements. PREVIOUS COUNCIL ACTION: For the past seven years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The City Council, on March 25, 2003 appropriated a $225,000 Weed and Seed FY02-03 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. FUNDING: Federal Grant CONCLUSION AND RECOMMENDATION: Weed and Seed Steering Committee recommends that the City Council authorizes the City Manager or his designee to execute the agreements. David Ondrias, Acting Director Park and Recreation Department Attachments Contract / Subrecipient Summary BACKGROUNDINFORMATION (Additional Background) The Weed and Seed Steering Committee received 35 Requests for Proposals. Twelve agencies were selected for funding. The amount of funds to be distributed for Subgranting by DOJ in Site I North is $59,789 and in site II West its $78,843.The Steering Committee limited grants to a maximum total of $25,000 per request. Groups could request no more than three proposals for funding. Notice requesting proposals for programs for the target areas were posted in the Caller Times in May 25, and June 1, 2003. Pre-proposal meetings were held at City Hall basement training room on June 9th & 13th, 2003. A total of 36 proposals were received totaling $529,726. The Weed and Seed Steering Committee met to review and listen to presentations given by the applicants on July 7, 2003. They met again on July 24, 2003 to vote on and select FY03/04 funded agencies. Twelve voting members of the Steering Committee were present and scored their proposals. The Steering Committee evaluated our required funding for HUD, Neighborhood Restoration/Economic Development and Alcohol and Drug Abuse. As a final result of their review they recommended funding on 7 proposals for Site II West: City of Corpus Christi Park and Recreation for $25,000, God's Gym for $11,000, Lorenzo Knowles for $946,Fighting To Rid Gangs in America Foundation for $14,397, Goodwill Industries for $8,000, Corpus Christi Housing Authority for $13,500, and Boys & Girls Club of Corpus Christi, Inc. for $6,000 9 '-4' ' AGENDA MEMORANDUM DATE: March 23, 2004 SUBJECT:. Greenwood Sanitary Sewer Cleaning Project (Project #7292) AGENDA ITEM: Ordinance appropriating $875,000 from the unappropriated interest earnings from Wastewater 1999A CIP Fund 4243 (SRF) for the Greenwood Sanitary Sewer Trunk Main Cleaning project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $875,000; and declaring an emergency. Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main Cleaning project. ISSUE: This project will provide for the cleaning and televising of major trunk lines in the Greenwood Sanitary Sewer basin area. This project is necessary to prevent overflows and comply with state and federal environmental regulations. FUNDING: Funds for this project are available in the FY 2003-2004 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, ~' ! ~-'~D~,.'Angel R. Escobar, P. E., Director of Wastewater Services Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Greenwood Sanitary Sewer Trunk Main Cleaning (Project No. 7292) PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. August 28, 2003 - Executed Amendment No. 6 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation project in the amount of $24,906 for the Greenwood Sanitary Sewer Trunk Main Cleaning project. 2. January 13, 2004 - Executed an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro South, Inc. in the amount of $3,882 for Geotechnical Study/Manhole Subsidence Exploration Old Brownsville Road at Navigation Boulevard. FUTURE COUNCIL ACTION: 1. Possible future construction contract to repair specific damages found during televising of line, if necessary. pROJECT BACKGROUND: This project will address the Greenwood Basin Service area. This is the major sanitary sewer trunk system from the north of the city down Flato Road to Bear Lane, continuing to Navigation, Horne, Angela, Greenwood and culminating at the Greenwood Plant. All lines are considered to be the backbone trunk main system to the Greenwood plant. Specific spot inspections made in spring/summer of 2003 indicated a build-up of grit in the bottom of the manholes. This indicated the inflow/infiltration of material into the line which reduces capacity and could result in overflows through the manhole covers. This project will provide for the cleaning and televising of significant lines within the Greenwood system to restore capacity and minimize the opportunities for overflows during rain events. CCTV inspections of the lines after cleaning will detect deficiencies in the condition of the lines and allow for specific repairs where needed to restore the integrity of the line. PROJECT DESCRIPTION: The project consists of cleaning and televising approximately: 2,600 linear feet (If) of existing 36-inch diameter pipe; · 7,940 LF of existing 42-inch diameter pipe; · 5,300 LF of existing 48-inch diameter pipe; · 800 LF of existing 30-inch diameter pipe; · including all appurtenances and associated work in accordance with the plans, specifications and contract documents; IEXHIBIT "A" II Page 1 of 2I II BID INFORMATION: The project consists solely of a base bid. The City received proposals from two (2) bidders on March 3, 2004. (See Exhibit "C" Bid Tabulation) The bids ranged from $705,590.00 to $1,218,792.50. The Engineer's estimated construction cost for the project is $609,905. Both bids received were above the estimate of probable construction cost. In discussing the bids with representative of both firms to ascertain the concerns that influenced their bid, the City's consultant, HDR Engineering, Inc. determined that the uncertainties in the point repair contributed to the higher contract prices. Due to the need to complete this project and the costs associated with re-bidding, HDR Engineering, Inc., and City staff recommend that based on Iow bid and satisfactory references, that a construction contract be awarded to Specialized Maintenance Services Inc. of Pasadena, Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main Cleaning project. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by the end of July 2004. FUNDING: Funds for this project are available from FY 2003-2004 Wastewater Capital Improvement Budget. EXHIBIT "A" Page 2 of 2 H :/HO ME~VE L MAR\G Et, AWASTEWAT~714 3\AGE NOA BACKGROUND GREENWOOD SANITARY SEWER TRUNK MAIN CLEANING PROJECT BUDGET March 23, 2004 FUNDS AVAILABLE: IWastewater Capital Improvement Budget FUNDS REQUIRED: ESTIMATED BUDGET 874,305.00 Construction Cost (Specialized Maintenance) $ 705,590.00 Construction Contingencies 70,559.00 Design Consultant (HDR Engineering) 24,906.00 Testing 28,250.00 Engineering Reimbursements 25,000.00 Administrative Reimbursements 15,000.00 Incidental Expenses (Printing, Advertising, etc.) 5,000.00 Total ..................................................................................................... $ 874,305.00 EXHIBIT "B" ] TABULATION OF BIDS Page 1 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CRHISTL TEXAS TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, March 3, 2004 TIME OF COMPLETION: 90 Calendar Days (Add. No.1) ENGINEER'S ESTIMATE: $609,905.00 Greenwood Sanitary Sewer Trunk Main Cleaning: Specialized Maintenance Services Chief Environmental Surveys, Inc Project No. 7292 4533 Pasadena Blvd. 1535 Post Oak Rd. Base Bid Tabulation Pasadena, TX 77503 Houston, TX 77055 Bid Item DESCRIPTION QTY UNIT UNIT PRICE I AMOUNT I UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Mobilization, Demobilization and Bonds 1 L.S. 8,640.00 8,640.00 25,000.00 25,000.00 - Clean existing 36"dia CIPP lined VCP sanitary sewer 2600 L.F. line along Flato Road (MH 10383 to MH10399A) 13.00 33,800.00 42.50 110,500.00 - - Inspect and televise existing 36"dia CIPP lined VCP A3 sanitary sewer line along Flato Road (MH10383 to 2600 L.F. MH 10399A) 5.00 13,000.00 5.00 13,000.00 - - A4 Clean existing 42"dia CIPP lined RCP sanitary sewer 5270 L.F. line along Flato Road (MH10399A to MH10095) 13.00 68,510.00 48.50 255,595.00 - Inspect and televise existing 42"dia CIPP lined RCP A5 sanitary sewer line along Flato Road (MH10399A to 5270 L.F. MH10095) 1 5.00 26,350.00 5.00 26,350.00 - - A6 Clean existing 42"dia CIPP lined RCP sanitary sewer 2670 L.F. line along Bear Lane (MH10095 to MH9864) 13.00 34,710.00 48.50 129,495.00 - - Inspect and televise existing 42"dia CIPP lined RCP A7 sanitary sewer line along Bear Lane (MH10095 to 2670 L.F. MH9864) 5.00 13,350.00 5.00 13,350.00 - - Clean existing 48"dia Pipe Insertion Method lined A8 RCP sanitary sewer line along Navigation Blvd./Home 2680 L.F. Road (MH9864 to MH10028) 13.00 1 34,840.00 58.50 156,780.00 - - Inspect and telvise existing 48"dia Pipe Insertion A9 Method lined RCP sanitary sewer line along 2680 L.F. Navigation Blvd./Horne Road (MH9864 to MH 10028) 5.00 13,400.00 5.00 13,400.00 - Clean existing 48"dia Pipe Insertion Method lined A10 RCP sanitary sewer line along Angela Street 3975 L.F. (MH 10024 to M12884) 13.00 51,675.00 58.50 232,537.50 - - Inspect and televise existing 48"dia Pipe Insertion All Method lined RCP sanitary sewer line along Angela 3975 L.F. Street (MH10024 to MH2884) 5.00 19,875.00 5.00 19,875.00 - M vx Cc_ CD _ M _ IV C5 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CRHISTI, TEXAS Page 2 of 2 TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, March 3, 2004 TIME OF COMPLETION: 90 Calendar Days (Add. No.1) ENGINEER'S ESTIMATE: $609,905.00 Greenwood Sanitary Sewer Trunk Main Specialized Maintenance Services Chief Environmental Surveys, Inc Cleaning: 4533 Pasadena Blvd. 1535 Post Oak Rd. Project No. 7292 Pasadena, TX 77503 Houston, TX 77055 Base Bid Tabulation Clean existing 54"dia Pipe Insertion Method lined Al2 RCP sanitary sewer line along Angela Street 780 L.F. (MH2884 to MH2859) 13.00 10,140.00 79.50 62,010.00 Inspect and televise existing 54"dia Pipe Insertion A13 Method lined RCP sanitary sewer line along Angela 780 L.F. Street (MH2884 to MH2859) 5.00 3,900.00 5.00 3,900.00 Clean existing 30"dia Pipe Insertion Method lined A14 VCP sanitary sewer line along Old Brownsville Road 2200 L.F. (MH9905toMH10411) 13.00 28,600.00 25.00 55,000.00 Inspect and televise existing 30"dia Pipe Insertion A15 Method lined VCP sanitary sewer line along Old 2200 L.F. Brownsville Road (MH9905 to MH1041 1) 5.00 11,000.00 5.00 11,000.00 A16 Point Repair (Included to establish a bid pride) 1 EA. 180,000.00 180,000.00 75,000.00 75,000.00 A17 Pyre length for Point Repair (Included to establish a 10 L.F. 15,000.00 150,000.00 500.00 5,000.00 - - bid ice A18Trench Safety for Point Repair (Included to establish 10 L.F. 500.00 5,000.00 - - a bid dce A 1 9 Toxicity Characterization of sediments and sludge 2 1 EA. 1,500.00 3,000.00 1 500.00 1,000.00 A20 10isposal of toxic sediment and sludge waste 10 C.Y. 80.00 800.00 500.00 5,000.00 - - TOTAL BASE BID E $ 705,590.00 $ 1,218,792.50 $ N C5 File : \Mproject\councilexhibits\exh7292.dwg AGNES LANE HORNE CITY PROJECT No. 7292 LOCATT_ON MAP NOT TO SCALE EXHIBIT "D" GREENWOOD SANITARY SEWER TRUNK MAr. N CLEANING PROJECT CI~ OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 ____--'- DATE: 05-18-2004 ~ ORDINANCE APPROPRIATING $875,000 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM WASTEWATER 1999A CIP FUND 4243 (SRF) FOR THE GREENWOOD SANITARY SEWER TRUNK MAIN CLEANING PROJECT; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 BY INCREASING APPROPRIATIONS BY $876,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $875,000 is appropriated from the unappropriated interest earnings from VVastewater 1999A ClP Fund 4243 (SRF) for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. SECTION 2. That Capital Budget adopted by Ordinance No. 025647 is amended by increasing appropriations by $875,000. 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: March 15, 2004 Lisa Aguilar~2 Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas Day of ., 2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott .. ~.-- AGENDA MEMORANDUM DATE: March 23, 2004 SUBJECT: City Hall First Floor Call Center (Project ~4309) AGENDA ITEM: Ordinance appropriating $148,350 from the unappropriated claim settlement from City Hall CIP Fund No. 3160 for the City Hall First Floor Call Center; amending Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $148,350; and declaring an emergency Motion authorizing the City Manager or his designee to execute a construction contract with SaI-Con, Inc. of Corpus Christi, Texas in the amount of $108,500 for the City Hall First Floor Call Center. ISSUE: This project will provide for the remodeling of an existing area on the 1st floor of City Hall to accommodate the City's Call Center. FUNDING: Funds for this project are available in the unappropriated interest proceeds in the City Hall Bond Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. ~n~Z,'Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Exhibit"D" Location Map BACKGROUNDINFORMATION SUBJECT: City Hall First Floor Call Center (Project No. 4309) PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. September 05, 2003 - Executed Agreement for Architect/Engineering Services with Dykemas Architects, Inc. in the amount of $11,000 for the City Hall First Floor Call Center. October 10, 2003 - Executed an amendment to a contract for Architect/Engineering Services with Dykemas Architects, Inc. in the amount of $8,000 for the City Hall First Floor Call Center. FUTURE COUNCIL ACTION: 1. Nothing anticipated for this contract. PROJECT BACKGROUND: This project will provide for the relocation of the City's Call Center Department from the fifth to the first floor of City Hall. The Call Center will be located in an area formerly occupied by the Parks and Recreation Department. This project is being done in an effort to make the call center more accessible to the public and provide an enhanced and productive work environment to staff. The Call Center is responsible for receiving and documenting public complaints and initiating prompt response by contacting and following through with the appropriate department. PROJECT DESCRIPTION: The project consists of interior construction and remodeling including, but not limited to: · New Walls, Acoustical ceilings, Carpet, · Paint, · Electrical wiring to office and phone areas, and · Re-connection of air conditioning and electrical equipment (all to current ADA standards) BID INFORMATION: The project consists solely of a base bid. The City received proposals from six (6) bidders on March 3, 2004. (See Exhibit "C" Bid Tabulation) The bids ranged from $6,192.20 to $123,400. The Iow bidder, Devolve Corporation, made a mistake and requested to withdraw their bid. They are a sub-contractor and sent their bid to the City in error. The next Iow bid was from SaI-Con, Inc. for $108,500. The Engineer's probable cost of construction for the project is $82,000. The lowest responsive bid was EXHIBIT "A" Page 1 of 2 32% moro than the estimated cost. In roviewing the bids the City's consultant, Dykemas Architects, Inc., determined they had underestimated the amount of data cabling involved, the costs associated with hooking into the back-up generator and several items relating to the three addendums. Nonetheless, the five effective bidders were very competitive and within 14% of each other. Due to the need to complete this project and the costs associated with re-bidding, Dykemas Architects, Inc. and City staff, recommend that based on Iow bid and past satisfactory experience with city projects, that a construction contract be awarded to SaI-Con, Inc. of Corpus Christi, Texas in the amount of $108,500 for the City Hall First Floor Call Center. CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days, with completion anticipated by the end of June 2004. FUNDING: Funds for this project are available from unappropriated interest earnings in the City Hall Bond Fund. EXHIBIT "A" 1 Page 2 of 2 CITY HALL FIRST FLOOR CALL CENTER PROJECT BUDGET March 23, 2004 FUNDS AVAILABLE: ESTIMATED BUDGET FUNDS REQUIRED: Construction Cost (SaI-Con, Inc) $ 108,500.00 Construction Contingencies 10,850.00 Design Consultant (Dykemas Architects) 19,000.00 Testing 3,500.00 Engineering Reimbursements 3,000.00 Administrative Reimbursements 1,000.00 Incidental Expenses (Printing, Advertising, etc.) 2,500.00 Total ..................................................................................................... $ 148,350.00 EXHIBIT "B" J TABULATED BY: John R. Dykema, Jr, AIA DATE: Wednesday, March 3, 2004 TABULATION OF BEDS 1NEERING - CITY OF CORPUS CHRISTI, TEXAS 60 Calendar Days Page 1 of 1 ENGINEER'S ESTIMATE: 582,000.00 City Hell Fhsl Floor Call Cerra -*4309 Sal Cm Inc. 1442 CliffMaa DRSS Cmotrontm P. 0. Box 8313 Elit Constmedm 54114 Pressler 6enaee Com . Co. 746 Prino Barmen Cammmial 1710 SP.LD. ITEM DESCRIPTION m Christi, Texas 78405 Christ, Texas Texas 78413 Christi, Texas 'Texas 78416 Taal Base Bhl $6,192.20 ITEM DESCRIPTION - UNIT UNIT PRICE - AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A-1 City Hall Past Floor Call Center 1 EA $108,500.005108,500.00 5109,864.00 8109,864.00$118,900.M 3118,900.00 3120,500.00 5120,500.00 $123,400.00 $123,400.00 Total pass and 3108,500.00 $109,864.00 S118,900.00 $120,500.00 8123AMM City Hall Part Flom Call Cenar-*4309 eeDewhe Cory 12626 Fuqua Street Hximbot,Taus 77034 ITEM DESCRIPTION TY. B1MT UNIT PRICE AMOUNT A-1 City Hall Fhat Ftor Call Cen¢r 1 EA $6,192.20 $6.192.20 Taal Base Bhl $6,192.20 0*Nm42mpmaive bids ae Hand last and mlyfmmfmsmwis] pmpmes, with mplanatim why it wu non-rs mive foot not. De he Cory. - This campary is a mbcontmcur and proposal was sent m Ci" mor- -0 m or. vm ro M* mQ J � M\^ / J e File : \Mpcoject\councilexhibits\exh4$O9.dwg LU Z o 112 INTERSTATE 37 CZTY PROJECT No. 4309 LOCATZON MAP NOT TO SCALE CITY HALL FIRST FLOOR CALL CENTER CITY OF CORPUS CHRISTI, TEXAS EXHZBZT lID '1 CITY COUNCIL EXHIBIT ~ DE~R~ENTOFENGINE~ING SERWC~ PAGE: 1 of I __--.-- ~: 03-18-2004 ~ ORDINANCE APPROPRIATING $148,350 FROM THE UNAPPROPRIATED CLAIM SETTLEMENT FROM CITY HALL CIP FUND NO. 3160 FOR THE CITY HALL FIRST FLOOR CALL CENTER; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 BY INCREASING APPROPRIATIONS BY $148,350; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $148,350 is appropriated from the claim settlement earnings from City Hall CIP Fund No. 3160 for the City Hall First Floor Call Center. SECTION 2. That Capital Budget adopted by Ordinance No. 025647 is amended by increasing appropriations by $148,350. 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 , 2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: March 19, 2004 isa~Ag6ilar - Assistant City Attorney for City Attorney Samuel L. NeaT, Jr. Mayor Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott AGENDA MEMORANDUM March 23, 2004 SUBJECT: Force Main, Line C, Ph.2 - Parcels 1UE,1TCE,1A-UE,IA-TCE Buckingham Estates Lift Station & Force Main Diversion - Parcel 17 Acquisition of Utility Easements AGENDA ITEM: A. Motion authorizing the City Manager or his designee, to execute a Utility Easement with the owner Spohn Hospital, in the amount of $35,000 for Parcels 1UE,1TCE,1A-UE and 1A-TCE all out of the Saratoga Staples Plaza, Block 1, Lots 3 and 4 located on Saratoga Blvd. between S. Staples Street and Cimarron Blvd., in connection with the Fome Main, Line C, Phase 2 Project (#7299). Motion authorizing the City Manager or his designee, to execute a Utility Easement with the owner Spohn Hospital, in the amount of $42,693 for Pamel 17, out of the Saratoga Staples Plaza, Block 1, Lots 4 located on Saratoga Blvd. between S. Staples Street and Cimarmn Blvd., in connection with the Buckingham Estates Lift Station & Force Main Diversion Project, (#7117). ISSUE: These dual projects are being coordinated to install force main and effluent wastewater lines in the same right of way. Twenty one separate parcels are required for both projects composed of permanent utility and construction easements. Staff has negotiated with the landowner, Spohn Hospital, to acquire easements on their land. The total offer, based on the appraised value, exceeds $25,000 and requires City Council approval. REQUIRED COUNCIL ACTION: 1 ) Authorize the acquisition of these parcels and approve expenditure of funds from the Wastewater ClP Fund; and 2) authorize the acquisition of any other parcels in the project where acquisition cost exceed $25,000. FUNDING: Funding is available from Wastewater CIP funds. RECOMMENDATION: Approval of the motion as presented. ~:~L. Angel R. E's(;obar, P. E. ' ' Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C Information Summary \\CLSTRI USERS2 SERVER\USERS2\HOME\EUSEBIOG\GEN~Agenda Items\Force Main, Line C, Ph 2. Spohn~Agenda Memorandum,doc - BACKGROUND INFORMATION SUBJECT: Force Main, Line C, Ph.2 - Parcels 1UE,1TCE,1A-UE,IA-TCE Buckingham Estates Lift Station & Force Main Diversion - Parcel 17 Acquisition of Utility Easements PRIOR COUNCIL ACTION: 1. February 22, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of $37,306 for engineering services associated with the Buckingham Estates Lift Station project. (M2000-050) 2. January 15, 2002 - Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730). 3. April 16, 2002 - Motion authorizing the City Manager of his designee to execute Amendment No. 1 to the engineering services contract with Coym, Rehmet & Gutierrez Engineering, Inc. in the amount of $299,040 for the Buckingham Estates Lift Station Project #7117. (Motion No. M2002-101 ) 4. November 18, 2003 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Buckingham Estates Lift Station & Force Main Diversion Project (#7117), 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. (Resolution No. 025562) 5. December 16, 2003 - Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Country Club for Force Main Repairs/Replacement Line C, Phase I - Corpus Christi Country Club, including any easements necessary for the project. (Motion No. 2003-441) 6. December 16, 2003 - Motion authorizing the City Manager of his designee to execute a construction contract with Cash Construction of Pflugerville, Texas in the amount of $641,830 for the Force Main Repairs/Replacement, Line C, Phase 1 - Corpus Christi Country Club. (Motion No. 2003-442) 7. December 16, 2003 - Motion authorizing the City Manager of his designee to execute a construction contract with Ramos Industries, of Pasadena, Texas in the amount of $1,315,060 for the Force Main Repairs/Replacement, Line C, Phase 2 - Kenith Circle to Cimarron Boulevard. (Motion No. 2003-443). PRIOR ADMINISTRATIVE ACTION: None Exhibit A FUTURE COUNCIL ACTION: Authorize construction contract(s) and expenditures for the upgrade of the Buckingham Estates Lift Station and force main pipeline, and; authorize the payment of any Special Commissioners' Awards in connection with acquisition of any parcels by condemnation. PROJECT BACKGROUND: There are two projects coordinating together in an effort to utilize the same right of way. The dual projects involved will construct both force main and effluent wastewater lines along the routes shown on the attached Exhibit B. Force Main, Line C, Phase 2 - this route extends from Kenith Circle to Cimarron Boulevard and shown as points A to B on the attached Exhibit B. A 24" force main pipeline will be installed within this route in addition to a 16" diameter P¥C effluent line. The effluent line, which originates at the Oso Wastewater Treatment Plant, will transport effluent water to golf courses owned by Corpus Christi Country Club (CCCC) and Kings Crossing Country Club (KCCC). The effluent lines will be installed under separate agreement with both clubs. Buckingham Estates Lift Station and Force Main Diversion - extends from points C to D as shown on Exhibit B. An 18" diameter PVC force main line will be installed between these points. A 16" diameter PVC effluent line will be installed alongside the force main line up to point E. At point E, the effluent line will cross Yorktown Boulevard and will turn south along right of way obtained from the Kings Crossing Country Club. Parcel Acquisition: For both routes, it is necessary to acquire utility easements and temporary construction easements from twenty one separate landowners. City staff obtained appraisals of these easements and is currently negotiating with the landowners for their acquisition. The total appraised value of $77,693 was offered to Spohn Hospital for six separate parcels composed of both permanent and temporary easements. A breakdown of the separate appraised values is shown on the Information Summary marked as Exhibit C. Spohn Hospital accepted the offer and executed the easement instruments. These utility easements will allow the City to install other utilities within this right of way, if the need arises. H:\HOME\EUSEBiOG\GEN~Agenda Items\Force Main, Line C, Ph 2. Spohn\Background.doc Exhibit A SUBJECT PARCELS '~'UE, 1-TCE AND BUCKINGHAM LIFT STATION VICINITY I~AP CITY PROJECTS #7299, 7117 ~or ro sc~ FORCE MAIN, LINE C, PH. 2 (#7299) FROM KENITH CIRCLE TO CIMARRON BLVD. (A TO B) BUCKINGHAM L.S. FORCE MAIN (#7117) FROM SARATOGA T0 ¥0RKTOWN/S.$TAPLE8 (C T° D) EXHIBIT B CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I o~= I DATE: 3/23/2004 INFORMATION SUMMARY Owner: Spohn Hospital, a Texas non-profit corporation Location: Saratoga Blvd. Between S. Staples and Cimarron Blvd. Zoning: B-4, General Business District Size: Parent tracts - Utility Easement (total) - Construction Easement (total) - 31.06 acres .559 acres .870acres Total Length: +1,741 linear feet of utility easement. Platted: Yes Tax Value: Not given. Appraised Value: $6.00 per square foot as per Sidney Smith, III, MAI of American Appraisers, Inc. The $6.00 was discounted due to the acquisition of easements versus fee simple takings. Parcel 1UE $23,049 Pamel 1TCE $ 7,693 Parcel 1A-UE $ 3,541 Parcel 1A-TCE $ 717 Parcel 17UE $27,639 Parcel 17TCE $15,054 Total $77,693 Negotiated Price: The appraisal value of $77,693 was offered to the owners, Spohn Hospital. The owners accepted this value and have executed the Utility Easement instruments. H:\HOME\EUSEBIOG\GEN~Agenda Items\Force Main, Line C, Ph 2. Spohn\lnformation Summary,doc Exhibit C 12 AGENDA MEMORANDUM March 23, 2004 SUBJECT: Corpus Chdsti Intemational Airport Terminal Construction - Project No. 1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in an amount not to exceed $183,600.00 with Anderson Group Construction Management, Inc., of Corpus Chdsti to provide project management duties for the Corpus Chdsti Intemational Airport Terminal Project through July 2004. ISSUE: Intedor build out of the Federal Inspection and Transportation Secudty Administration lease spaces requires continued project management through July 31, 2004. This can be most economically achieved through a contract amendment with AGCM. FUNDING: Funding is available in the Airport Capital Projects Fund. RECOMMENDATION: Approval of the Motion as presented. Dave Hamd(~k Angel R. Escobar, P. E. / ~ Director of Aviation Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Actions Contract Summary Site Map H:~-IOME\KEVINS\GEN~AIR\NEWTERM',AGCM\CMAmd8Memo.doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: Project Management: AGCM has performed project management, project liaison, and inspection services for Corpus Christi International Airport (CCIA) since November 2000. They are actively managing the Terminal Apron Project - Phase 2, Entrance Roadway Reconstruction - Phase 1, the Parking Lot Improvement and Expansion Project, and Terminal Project. The interior build out of lease space for the Federal Inspection Station and Transportation Security Administration requires an extension of project management, project liaison, and inspection services through July 2004. This amendment provides for project management for the projects. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Council has taken numerous actions associated with this project. The more significant are attached. See Exhibit B. FUTURE COUNCIL ACTIONS: · Award of interior build out contract for Federal Inspection and Transportation Security Administration lease spaces. · Approval of any change orders in excess of $25,000 that may be necessary during the project. FUNDING: Funding is available in the Airport Capital Projects Fund. BOARD/COMMITTEE REVIEW: The contract amendment for construction management, project liaison and inspection services were reviewed by the Airport Advisory Board. The Board recommends approval of the amendment. ExhibitA ] Page 1 of 1 H :\HOME\KEViNS\GEN~AI R\N EWTE RM~AGCM\CMAmdSBkgExhA.DOC PRIOR COUNCIL ACTIONS Au,qust 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CClA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 ClP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 ~ Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) Auqust 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi · International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of I EXHIBIT B 1 Page 1 of 6 H:\HOM E\KEVIN S\GEN~AI R\N EWTE RM~AGCM\CMAmd 8PriorActionsExhB,doc 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, walt laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airpod Terminal Building (M2001-387). October 23, 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional fitters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326.24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Futton/Coastcon in the amount of $23,490.93 for the Corpus Christi International Airport Terminal Construction project. (M2001-401). April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102). May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Christi International Airport Terminal Construction project. (M2002- 132). June 61 2002 - Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commemial island to parking tot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002-192). December 17, 2002 - Motion authorizing the City Manager to execute Amendment No. 13 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $366,158.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102). May 27, 2003 - Motion authorizing the City Manager, or his designee, to execute change order 45 with Fulton/Coastcon, Inc., A Joint Venture, in the net amount of $425,410.87 for Corpus Christi International Airport New Terminal Building for concrete and structural steel for the retail and Transportation Security Administration lease areas and an exterior finish system for the Air Cargo Building (M2003-198). H :\H O ME~KEVINS\GE N~AIR\N EWTE Ri'v~AGCM\CMAmd8PdorActionsExh B.doc I EXHIBIT B Page 2 of 6 25. 26. 25. 26. June 24, 2004 - Motion authorizing the City Manager to execute Amendment No. 4 to the project management contract with AGCM, Inc. in the amount of $165,400.00 for the for the Corpus Christi International Airport Terminal Project to extend services through November 2003 (2003- 219). Au,qust 19, 2003 - Motion authorizing the City Manager to execute Amendment No. 5 to the project management contract with AGCM, Inc. in the amount of $138,100.00 for the for the Corpus Christi International Airport Entrance Road, Parking Lot and Terminal Apron Projects (2003-275). October 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $150,350 for additional construction phase services for the Corpus Christi International Airport Terminal project. (M2003-361) January 13, 2004 - Motion authorizing the City Manager, or his designee, to execute change order 54 with Fulton/Coastcon, Inc., A Joint Venture, in the net amount of $1,250,000.00 for Corpus Christi International Airport New Terminal Building to complete the building shell for the Federal Inspection and Transportation Security Administration lease areas to a "dried in" level (M2004-011 ). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award~of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 2212001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel suppod. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. Page 3 of 6 H :\HOM E\KEVI NS\GEN~AIR\N EWTERM~AGCM~CMAmd8PdorActionsExhB.doc 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. Au,qust 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continental Express. 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 24. September 26, 2001 ~ Award of Amendment,No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 25. December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. 26. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Genster and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 27. February 191 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal Building Main canopy. H:\HOME\KEVINS\GEN~AIR\N EWTERM~AGCM\CMAmdaPriorActions Exh B.doc Page 4 of 6 28. October 31,2001 - Award of Change Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors for baggage doors, include baggage equipment on emergency power, revise cooling tower foundation, and relocate water line to improve future access. 29. November 14, 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and other modifications. 30. December 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon for addifional space for a baggage office and operations suite for Continental Airlines and modification of transom to electric vault door. 31. January 31, 2002 - Award of Change Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon for security modifications associated with 9/11 and installation of high speed operator on Gate 24B. 32. February 12, 2002 - Award of Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon for additional security expenses, bag conveyor openings, and fire damper. 33. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for exterior baggage operations, and stucco fascia along roof edge. 34. May 2, 2002 - Award of Change Order No. 32 in the amount of $24,840.92 to Fulton/Coastcon for additional offices, relocation of ticket counters and return air openings. 35. May 151 2002 - Award of Change Order No. 33 in the amount of $24,871.93 to Fulton/Coastcon for mechanical and structural modifications. 36. May 29, 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. 37. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for various minor enhancements (carpet, voice/data circuits, door pulls, security modifications, etc.). 38. August 7, 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. 39. September 5, 2002 - Award of Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food court. 40. October 30, 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modifications, lock sets, PA service, etc. 41. November 5, 2002 - Award of Change Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon for electrical modifications, advertising modifications, rent car telephones, and window blinds. 42. February 61 2003 - Award of Change Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon for food court ceiling and relocation of visitor information desk. 43. February 17, 2003 - Award of Change Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon for additional electrical power to rent car offices, vending machines, enclosure of open administrative space, storage of equipment City requested advanced delivery, and additional security costs. 44. February 28, 2003 - Award of Change Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon for various electrical, plumbing, signage, fire alarm, and HVAC modifications. H:\HOM E\KEVI NS\G E N~AI R\N EWTE RM~AGCM\CMAmdSPriorActionsExhB.doc Page 5 of 6 45. March 21, 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car parking lot, removal of manholes under additional retail space, new gate operator support, conduit to new checkpoint location. 46. April 10, 2003 - Award of Change Order No. 46 in the amount of $24,919.61 to Fulton/Coastcon for valance support, fire alarm monitoring modules for jet bridges, HVAC modifications, western power feed to jet bridge power center, and interior trash receptacles. 47. April 301 2003 - Award of Change Order No. 47 in the amount of $24,393.37 to Fulton/Coastcon for painting old terminal, hardware revisions, exterior operators for fire doors, relocation of fire hydrant, fiber optic network, power for vending, retail and check point lights, and adding regulator and vent to boiler. 48. June 25, 2003 - Amendment No. 14 to M. Arthur Gensler and Associates in the amount of $24,900 for relocation of the jet bridge emergency generator, women's restroom, security checkpoint, and modification of Gate 6 for international and domestic arrivals. 49. June 27, 2003 - Award of Change Order No. 48 in the amount of $23,998.95 to Fulton/Coastcon for painting type-S light fixtures, adding four smoke alarms to baggage claim, backflow check valve at Gate 2, photocells for type-M light fixtures, electrical support for Southwest Airline move, revise cargo facility CCTV cameras, chiller expansion tank, revise doors for the temporary Southwest Airline ticketing location. 50. July 7, 2003 - Award of Change Order No. 49 in the amount of $23,562.00 to Fulton/Coastcon for Hayden W. Head sign. 51. July 28, 2003 - Award of Change Order No. 50 in the amount of $22,923.05 to Fulton/Coastcon for modifications to the Southwest Airline Air Traffic Operations area, modification of existing fire sprinklers, additional ticket lobby restroom signage, underground utilities for concourse expansion, power to temporary Aero Mex location, revision of cargo building participation to tenants' requirements, removal of transite material, and wall grills in cargo building. 52. September 23, 2003 - Amendment No. 15 to M. Arthur Gensler and Associates in the amount of $16,250 for documentation of revisions to west and east administrative offices, specification of furniture, meetings with Ad Task Force, improvement of lighting in security checkpoint area, design and document Terminal primary sign and lighting adjacent to McGregor murals. 53. September 24, 2003 - Award of Change Order No. 51 in the amount of $24,802.51 to Fulton/Coastcon for automated chiller valve operation, 277 volt lighting circuits, and chiller piping modifications. 54. October 24, 2003 - Award of Change Order No. 52 in the amount of $24,189.76 to Fulton/Coastcon for upgrade of the temporary partition, additional signage, and finish trim not included on plans. 55. November 6, 2003 - Award of Change Order No. 53 in the amount of $23,766.51 to Fulton/Coastcon for modification of AHU ducts, modification of Southwest Airline ticket counters, additional exterior hose bibs and gate operator power. 56. December 12, 2004 - Award of Amendment No. 6 to AGCM in the amount of $23,750 for project management services associated with parking lot and roadway improvements. 57. January 121 2004 - Award of Amendment No. 7 to AGCM in the amount of $25,000 for the continuation of project management services. H:\HOME\KEVINS\GEN~AIR\NEWTE RIVAAGCM\CMAmd8PriorActions Exh B.doc Page 6 of 6 CONTRACT SUMMARY AMENDMENT No. 8 CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL CONSTRUCTION PROJECT CONTRACT FOR PROJECT MANAGEMENT/PROJECT LIAISON/INSPECTION SERVICES The City of Corpus Christi requires additional project management services associated with the interior build out of the Transportation Security Administration and Federal Inpsection Station Lease Spaces Project No. 1071. The continuation of those services require an administrative amendment to authorize an additional fee. Section IV. FEE is revised to read: IV. FEE Fee for Basic Services Authorized. The City will pay the AGCM a fee not to exceed $1,360,750 for all services and expenses specified in Section II.A. - II.E. The fees will be full and total compensation for services outlined in Section II.A. - II.E. and for all expenses incurred in performing these services. The fee consists of a fee in the amount of $1,343,120 for services specified In Section II.A. - II.E., and additional services that may be directed, and an allowance not to exceed $17,630.00 for expenses. Summar~ of Authorized Fees. Original Contract Task No. Description Fee II.A~F Basic Services & Special Services $191,400 II.G Expenses $5,000 Original Contract $196,400 Amendment No. 1 II.A-F I Basic Services & Special Services $15,000 Amendment No. I $15,000 Amendment No. 2 II.A-E I Basic Services & Special Services $1 5,000 Amendment No. 2 $15,000 Amendment No. 3 II.A-E Basic Services & sp~ecial Services $588,000 II.F Expenses $10,500 Amendment No, 3 $598,500 H:\HOME\KEVINS\GE N~AIR\NEWTERM~AGCM\CMAMD8SumExhC.wpd Exhibit C Amendment No. 4 II. A-E I Basic Services & Special Services $165,400 Amendment No. 4 $165,400 Amendment No. 5 I1. A-E Basic & Special Services $137,355 I1. F Expenses $745 Amendment No. 5 Subtotal $138,100 Amendment No. 6 II.A-E Basic & Special Services (Roadway & $23,750 Parking Lot) Amendment No. 6 $23,750 Amendment No. 7 II.A-E I Basic & Special Services (Terminal Building) $25,000 Admendment No. 8 I $183,600 Total Fee $1,352,150 H:\HOME\KEVINS\G EN~AIR\NEWTERM~AGCM\CMAM D8SumExhC.wpd Exhibit C File : \Mproject\councilexhibits\exh1071a.dwg ~ San Patricio County ~ ! ' ] ~ ~ ~~~ CHRISTI OCArlO MAP NOT TO SCALE PARKING ~~ ~ ~NDING ~ ~NDING APRON APRON PROJECT LOCATION NOT TO SCALE CZTY PROdECT No. 1071 EXHZBZT "D" CORPUS CflRZSTZ Z~TERNATZONAL AZRPORT CZTY COUNCZL EX~ZBZT ~ TER~ZNAL COflSTRUCTZON PROGRA~ 2000 ~r¢,~r~r~r or r~¢¢~rrR¢~¢ SrRWCrS F~ AlP 5-48-0051-28-00 PAGE: I of 1 ~ CI~ OF CORPUS CHRISTI, TEXAS DATE: 0~-~6-2004 ~ 13 CITY COUNCIL AGENDA MEMORANDUM DATE: March 17, 2004 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Valero Refining-Texas, L.P. for the right to install, operate, repair, replace, and maintain orielS" RCP storm sewer line, approximately 35 linear feet across the Kaler Drive street right-of-way; one 24" and one 36" RCP storm sewer line, approximately 30 linear feet across the Kaler Drive street right-of-way; one 6" Waste Disposal line, one 8" Fire line, and one 24" Electrical/Communications Duct Bank, approximately 45 linear feet across the Kaler Ddve street right-of-way; one 24" Electrical/Communications Duct Bank and two 24" RCP storm sewer line, approximately 50 linear feet across the Cantwell Lane street right-of-way; establishing a fee of $4,236.00; and declaring an emergency. ISSUE: Valero Refining-Texas, L.P., has submitted a request to install five (5) private storm sewer lines, two (2) waterlines, and two (2) Electrical/Communications Duct Banks across two (2) city public rights-of-way, to serve their new office building and laboratory building site as well as their new shop/warehouse site on either side of the street rights-of-way. REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion of public right-of-way for private purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. 'B. A. Bailey, A~.CP'~ Director of Dev~ment Services Attachments: Exhibit A - Background Exhibit B - Ordinance Exhibit C - Site Location Map Exhibit D - Fee Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Valero Refining-Texas, L.P. has requested a Use Privilege Agreement (UPA) from the City to install, operate, repair, replace, and maintain, an 18" RCP pdvate storm sewer line, crossing the Ka[er Drive street right-of-way, approximately 35 linear feet, with a 24", and 36" RCP private storm sewer line, crossing the Kaler Ddve street right-of-way approximately 30 linear feet each; an encased 8" pdvate fire line, an encased 6" waste disposal line, and a 24" Electrical/Communications Duct Bank, crossing the Kaler Drive street right-of-way, approximately 45 linear feet each; along with 2-24" RCP private storm sewer lines and a 24" Electrical/Communications Duct Bank, crossing the Cantwell Lane street right-of-way, approximately 50 linear feet each. Valero Refining-Texas, L.P. is installing the private storm sewer pipes and fire line to serve their new office building and laboratory building site, as well as their new shop/warehouse site on the east side of Cantwell Lane. In addition to the storm water RCP pipes Valero will be installing electrical/communication duct bank to interconnect the new services with the existing system they have in the vicinity area. A private waste disposal (oily water) discharge line will also be constructed from the laboratory which will connect to the Valero wastewater treatment facilities. Valero Refining-Texas, L.P. will own all the private storm water pipes, private waste disposal line, private fire line, and electrical/communication duct bank and will be solely responsible for all maintenance and removal of said lines. An Engineering Permit will be required for any future maintenance and removal of the private storm water RCP pipes, private waste disposal line, private fire line, and electrical/communication duct bank that are installed within the city street right-of-way. Permanent type line markers will be placed as close as practical over the pipelines and duct bank on either side of both Kaler Dr. and Cantwell Lane street rights-of-way to indicate the location of all the private lines owned by Valero Refining. Line markers will contain labeling identifying pipeline owner and a broad description of the product transported by each of the pipelines/duct bank. All City and private franchised utilities were contacted regarding this UPA. The City Water Department is requiring that owner encase the 6" waste disposal water line and the 8" fire line crossing public rights-of-way. Storm Water requires that all storm water sewer lines crossing public street rights-of-way to have a minimum 36" depth clearance. Valero Refining will construct a concrete casing around the 24" Duct Banks crossing both street rights-of-way. None of the other City and private franchised utilities had any objections, provided the applicant meets the specified conditions set out in the UPA. The applicant has been advised and concurs with all the conditions of the Use Privilege Agreement. A one-time fee of $ 4,236.00 is being recommended for the UPA (See attach "Exhibit D"). EXHIBIT A FROM: B.A. Bailey, AICP, Director of Development Services DATE: March 17, 2004 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: March 23, 2004 ORDINANCE CAPTION: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Valero Refining-Texas, L.P. for the right to install, operate, repair, replace, and maintain onelS" RCP storm sewer line, approximately 35 linear feet across the Kaler Drive street right-of-way; one 24" and one 36" RCP storm sewer line, approximately 30 linear feet across the Kaler Drive street right-of-way; one 6" Waste Disposal line, one 8" Fire line, and one 24" Electrical/Communications Duct Bank, approximately 45 linear feet across the Kaler Drive street right-of-way; one 24" Electrical/Communications Duct Bank and two 24" RCP storm sewer line, approximately 50 linear feet across the Cantwell Lane street right-of-way; establishing a fee of $ 4,236.00; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: SPECIFIED CONDITIONS AS PART OF CLOSURE: Valero Refining must encase the 8-inch fire line and the 6-inch waste disposal line crossing the Kaler Drive street right-of-way. Valero Refining will also construct a concrete casing around the 24" Duct Banks crossing both the Kaler Drive and Cantwell Lane street rights-of-way. Valero Refining must place and maintain permanent type line markers as close as practical over the pipelines on either side of the street at each crossing of the public street rights-of-way. Markers must contain labeling identifying pipeline owner and a broad description of the product transported in the pipeline. Valero must have a 36" minimum depth clearance when constructing the private lines across both the street rights-of-way. That Owner will comply with the required utility separation clearance as stated in "Paragraph I "of the Use Privilege Agreement Must notify City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies, 48 hours prior to any construction work. Valero Logistics Operations, LP. will be responsible for any damage to waterlines and all other existing utilities within the construction areas. REQUESTED BY: B.A. Bailey, AICF~ D,~ector of Development Services DATE: ~t~/'~ APPROVED: DATE: EXHIBIT B ,~, .-~' ' /,., / ~/~/ / ~ ~ /O~k / ~ ~ Park / / VICINITY MAP VALERO REFINING-TEXAS L.P. USE PRIVILEGE AGREEMENT Prepared by: 8ass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (561) 882-1265 (fax) EXHIBIT C Job No: 0308,.3 Scale: 1 "= 1000' Dote: 3-16-04 Drowing No: 03083 P/otsca/e: 1:1 Sheet I of 1 (SEE SHEET 9. OF 10 I I I F.H. KALER PARTITION USE PRIVILEGE AGREEMENT Boss z, We/s~'~Z}~'-~*r~'~aVALERO REFINING-TEXAS, L.P. 3054 So. Alameda St. Corpus Christi, Tx. 78404 (56~) 882-.5521 (phone) NOTE: COORDS ARE STATE OF TEXAS, LANIBERT GRID, SOUTH ZONE, Plotscale: 1:1 (.361) 882-1265 (fax) NAD 83, U.S. FEET Sheet I EXHIBIT C Job No: 03083 Scale: 1"=30' Date: 02-09-04 Drawing No: U.P.A. DWG of 10 LOT 10 F.H. KALER PARTITION VOL g, PG. 58 M.R.N.C.T. PRIVATE STORM WATER J[ , / (SEE SHEET 6 OF 10 N=17183464.45y FOR PROFILE) E= 1324606.57 ~ S79' 31 1'3 '* ~.00 ~ N=17185458.99 ~~ (/ E= 1324636.07 cx LOT 5 ~1 F.H. KAl. ER PARTfIION o Q ~ LOT 6B ('~ F.H. KALER PAliili~ON VOL 90 PG. 58 LOT 9~ M.R.N.C.T. F.H. KALER PARTITION IUL~ VOL. 9, PG. 58 M.R.N.C.T. |S79'3,O'31~'E / (SEE SHEET 10 OF 10 N= 17183296.72__.,,// 31:~00' X FOR PROFILE) E= 1324575.51 ~ N= 17183291.26 E=1324605.01 USE PRIVILEGE AGREEMENT EXHIBIT C VA/FR L.P. ~o: o3o8 B~ss & Welsh Engineering ~ ~ Scol~: 1"=30' 3054 So. Alameda St. Date: 02--09--04 Corpus Christi, Tx. 78404 Drawing No: U.P.A.DWG (361) 882-5521 (phone) NOTE: COORDS ARE STA~ OF TE~, ~MBERT GRID, SOUTH ZONE, Plotscole: 1:1 (361) 882-1265 (fax) NAD 83, U.S. FE~ Sheet 2 of 10¢ TRACT 13 VOL- 26. PG. 52 M.R.N.C.T. N=17183915.09 E---1325039.11 --~ ~ (SEE SHEET '~ OF 10 FOR PROFILI~) ~L 9, PG. 58 ......c.~. z~ 0,50 ACRES (VDL, ~36, : USE PRIVILEGE AGREEMENT EXHIBITC Prepared by: Boss ,~ ~/e/sh Engi~,eeri,~gVALERO REFINING-TEXAS, L.P.Sco, e:J°b ~o:,.=3o.0,0~:3 .3054 So. Alamedo St. Dote: 02-09-04 Corpus Christi, Tx. 78404 Drowing No: U.P.A. DWG (561) 882-5521 (phone) NOTE: COORDS ARE STATE OF TEXAS, LAMBERT GRID, SOUTH ZONE, Plot$cole: 1:1 (.361) 882-1265 (fax) NAD 83, U.S. FEET Sheet :3 of 10.~ USE PRIVILEGE AGREEMENT EXHIBll- C VA/FRO REFINING-TEXAS, L.P. ,ob ~o: o3o83 Boss & We/sh £ng/neering ....... Scde: 1"=30' 3054 So. Alameda St. Date: 02-09--04 Corpus Christi, Tx. 78404 Drawing No: U.P.A. DWG (561) 882-5821 (phone) NOTE: COORDS ARE STATE OF TEXAS, LAMBERT GRID, SOUTH ZONE, Plo:scale: 1:1 ~ {361) 882-1265 (fox} NAD 83. U.S. FEET Sheet 4 of 10~ F.H. PARTITION ~ ~ 5.~ / ~ VOL 27, Pg. 58 ~.,~ M.R.N.C.T. X ~, .9.~ . , N=17184~1.87 '~ ' ~ 'P 79'311'36'E N=1718~86-55 ~ s7~ '~'; ;6'E ',~ SHARE 3A, VOL 39 37 35 33 EXISTING GROUND 4'~ WATER J o .3.87 PLAN 13 PARTITION 52 -OJL¥ WATER [~evateWaste Disposa~ Line) & WATER (PRIVATE) N: 17183,978.33 37 t 8"~ S~ITARY 31 - j 31 ALL THREE LINES A~E ~ PROPOSED AND PRI~ATE I 24" ELECTRICAL/C MMUNICATIONS DUCT BANK ,~. ~,- "r*,-:- .... -6' OILY WATER__ LINE _(Private Waste Disposal Line) J /..-/,..,.-? ,.,.?.,., /,,,, -.,~ ~ ~-;<-'?.~'... ,,..,., ,..,~ ..-~ · ,/,~//,, .. ~ ,, 'r ' ""' "'i EXHIBIT C :24" ELECTRICAL,/COMMUNICATIONS DUCT BANK Prepore~ by: PROFILE ,/ob NO: 03083 Boss & Welsh £ng/neer/ng USE PRIVILEGE AGREEMENT sco/e: ~"=20'H,2'V 3054 So. Alomedo St. Dote: 02--09--04 Corpus Christi, Tx. 78404 VALERO REFINING-TEXAS, L.P. oro~i.g No: U.~.A.DWG (3t51) 882-5521 (phone) NOT[: COOBDS ARE STATE OF IEXAS, LAMBERI GRID, SOUTH ZONE, Plotscole: 1:1 (361) 882-1265 (fox) NAD 83, U.S. FEE1 Sheet .5 of 10 10 ~-.. ~ F.H. KALeC'R. PARTITION LL '~ VOL g~lu~;. 58 ~ LOT 5 M~N.~ ~8'~ F.H. ~ P~mON ~ VOL 9. ~. 58 M.R,N.C.T. N= 17 183464.45 ~ G' 05 ~ 555 E= 1324606.57 '~ ~ ~ 30'36 '~? ~ [ E= 1324636.07 PLAN 38 36 40 4'~ WATER ~- U.G.T. ~ CRY GAS Boss & ~/elsh Eng/neer/ng 3054 So. Alomeda St. FL 30.10't--..............~j~ FL 30.204_ PROFILE 8"~ SANITARY USE PRIVILEIE AGREEMENT VALERO REFINING-TEXAS, L.P. 36 34 32 3O EXHIBIT C Job No: 03083 Sca/e: l"=20'H.2'V Dat~' 02-09-04 Carpus Christi, Tx. 78404 Drawing No: U.P.A.DWG (381) 882-5521 (phone) NOTE: COORDS ARE STATE OF TEXAS, LAMBERT GRID. SOUTH ZONE, P/otsca/e: 1:1 (361) 882-1265 (fax) NAD 83, U.S. FELT Sheet 6 of 10 TRACT 13 SA, PARTITION 26, PG. 52 .R.N.C.T. 42 40 38 1718,3905.91 325088.71 F.H. KAl_ER PARTITION &: PI_~I 42 /,/ ~_,'. 24' ELE'CTRICAL_/COblMUNI_CATIONS DU_Crf BANK/_z~//' // //2~//×///.,///1'//',.×//~ PROFILE 40 'ELINE USE PRIVILEGE AGREEMENT 58 Boss & ~Ye/sh Engineering 3054 So. Alameda St. .. EXHIBII C Job No: 0308,5 Scale: 1"=20'H,2'V 32.50-+_ Corpus Christi, Tx. 78404 VALERO REFINING-TEXAS, L.P. Da~e: 02--09--04 Drawing No: U.P.A.DWG (361) 882-5521 (phone) NOTE: COORDS ARE STATE OF TEXAS, LAMBERT GRID, SOUTH ZONE, Plotscale: 1:1 (361) 882-1265 (fox) NAD 83, U.S. FEET Sheet 7 of 10 E=1324964. PRIVATE LOT VOL 9, 42 4O 56 56 GBOD~ ......... .... E~[,S3 16"¢ JAVALINA PIPELINE 16"¢ JAVAL NAP PEL NE I I-- 6"¢ iWATER j PROPOSED 2 pRIVATE 24' RCP 52_ - L 12"¢ HOUSTON 31.75+_. 42 40 ~IPELINE .38 36 '~" PROFILE EXHIBIT C '°r~'~°r~"d I:'X: Job NO:' 03085, ~Ye/sh Engineering USE PRIVILEGE AGREEMENT Scale: l"=20'H,2'V 3054 So, Alameda St. VALERO REFINING-TEXAS, L.P. Dote: 02--09-0,4 Corpus Christi. Tx. 78404 Drawing No: U.P.A. DWG (361) 882-5521 (phone) NOTE: COORDS ARE STATE OF TEXAS, LAMBERT GRID, SOUTH ZONE, Plot$cale: 1:1 (361) 882-1265 (fox) NAD 8.3, U.S, FEET Sheet ~. of 10 \ LOT N=17183860.04 36 -- F.H. KALER VOL 9, 58 F,H. KALER pARII'IION VOL. 9, PG. 58 PLAN xISTING GROUND FL 29.90___ 38 36 34 · -- 32 --' 30 3O ~'e EXHIBIT C : :: PROFILE Job No: 03083 pr~i~ored by: Scale: l"=20'H,2'V Bass &r We/sh Eng/neer/ng USE PRIVILEGE AGREEMENT 5054 So. Alameda St. VALERO REFINING-TEXAS, L.P. Date.' 02-09-04 Drawing No: U.P,A.DW( Corpus Christi, Tx. 78404 (361) 882-5521 (phone) NOTE: COORDS ARE STATE OF TEXAS, LAMBERT GRID, SOUTH ZONE, P/otscale: 1:1 Sheet g of 1' (361) 882-1265 (fox) NAD 83, U.S. FEET ~-- LOT 9 ~'~ [ LOT 6B F.N. ~, P,,~o, 7t~ ~ ~ ~o~. ~. ~. ~ VOL 9. PG. ~ $79';~'56' PRNA~ ~ORM WA~R ~=~'~245~5.5~ ~ / ~ PLAN 4o ........... E×~S~NG ~"OUNo _! .................. J__ 38 36 34 I I WATER --j U.G.T[ ,t I FL ,32.65 __. -~ ~~ FL 33.40+ 32] 3O ~ PROFILE 0 ~ 8'*~ SAN [~ARY ~ FLOW LINE 25.97 Boss & Welsh Engineering 3054 So. Alomedo St. USE PRIVILEGE AGREEMENT VALERO REFINING-TEXAS, L.P. 40 38 36 34 32 3O EXHIBIT C Job No: 03083 Scale: 1"=20'H,2'V Date: 02-09-04 Corpus Christi, Tx. 78404 Drawing No: U.P.A.DWG (361) 882-5521 (phone) NOTE: COORDS ARE STATE OF TEXAS, LAMBERT GRID, SOUTH ZONE, Plotscale: 1:1 (361) 882-1265 (fox) NAD 83, U.S. FEET Sheet lOof 10 Kaler Drive USE PRIVILEGE AGREEMENT FEE SUMMARY VALERO REFINING-TEXAS, L.P. 1-18" RCP Storm Sewer (35 L.F.) 1-24" RCP Storm Sewer (30 L.F.) 1-36" RCP Storm Sewer (30 L.F.) $2,606.00 Total UPA Fees for Kaler Drive 1-18" RCP $1.00 pedlf for every inch under 6" dia. ($.10 per/If for every inch over 6", 12" over) 12" x $.10 per/If = $1.20 per/If + $1.00 = $2.20 pedlf x 35 L.F. = $77.00 $77.00 for L.F. across Kaler Drive Sinqle Road Crossing under 6" dia. = $150.00 ($15.00 for every inch over 6" dia., 12" over} 12" x $15.00 per/If = $180.00 per/If + $150.00 Single Rd. Crossing -- $330.00 $330.00 per Single Rd. Crossing $77.00 (per/If) + $330.00 (Single Rd. Crossing) = $407.00 Total 18" RCP 1-24" RCP $1.00 per/If for every inch under 6" dia. ($.10 per/If for every inch over 6", 18" over) 18" x $.10 per/If = $1.80 per/If + $1.00 = $2.80 pedlf x 30 L.F. = $ 84.00 $ 84.00 for L.F. across Kaler Drive Sinqle Road Crossinq under 6" dia. = $150.00 ($15.00 for every inch over 6" dia., 18" over} 18"x $15.00 pedlf = $270.00 per/If + $150.00 single rd. crossing = $420.00 $420.00 per Single Rd. Crossing $84.00 (per/If) + $420.00 (Single Rd. Crossing) = $$04.00 Total 24" RCP 1-36" RCP 91.00 pedlf for every inch under 6" dia. {$. 10 pedlf for every inch over 6", 30" over} 30" x $.10 pedlf = $3.00 per/If + $1.00 = $4.00 per/If x 30 L.F. = $120.00 $120.00 for L.F. across Kaler Drive Sinqle Road Crossinf:l under 6" dia. = $150.00 (915.00 for every inch over 6" dia., 30" over} 30" x $15.00 per/If = $450.00 per/if + $150.00 single rd. crossing = $600.00 $600.00 per Single Rd. Crossing $120.00 (per/If) + $600.00 (Single Rd. Crossing) = $720.00 Total 30" RCP $ 407.00 (18"RCP) $ 504.00 (24" RCP) $ 720.00 (30" RCP) $ 1,631.00 Total Fees RCP Across Kaler Drive EXHIBIT D .Kaler Drive 1-6" Waste Disposal Line (45 L.F.) 1-8" Fire Line (45 L.F.) 1-24" Electrical/Communications Duct Bank (45L.F.) 1-6"Waste Disposal Line $1.00 pedlf for every inch under 6" dia. ($.10 pedlf for every inch over 6") $1.00 per/If x 45 L.F. = $45.00 $45.00 for L.F. across Kaler Drive Sinqle Road Crossinq under 6" dia. = $150.00 ($15.00 for every inch over 6" dia.) $150.00 Single Rd. Crossing = $150.00 per Single Rd. Crossing $45.00 (per/If) + $150.00 (Single Rd. Crossing) = $195.00 Total UPA Fee for 6" Waste Disposal Line 1-8" Fire Line $1.00 pedif for every inch under 6" dia. ($. 10 per/If for every inch over 6", 2" over) 2" x $.10 pedlf = $.20 pedlf + $1.00 = $1.20 pedlf x 45 L.F. = $ 54.00 $54.00 for L.F. across Kaler Drive Sinqle Road Crossinq under 6" dia. = $150.00 ($15.00 for every inch over 6" dia., 2" over) 2" x $15.00 per/If = $ 30.00 pedlf + $150.00 single rd. crossing = $180.00 per Single Rd. Crossing $54.00 (per/If) + $180.00 (Single Rd. Crossing) = $234.00 Total UPA Fee for 8" Fire Line 1-24" Electrical/Communications Duct Bank $1.00 per/If for every inch under 6" dia. ($.10 per/If for every inch over 6", 18" over) 18" x $.10 per/If = $1.80 per/If + $1.00 = $2.80 pedlf x 45 L.F. = $126.00 $126.00 for L.F. across Kaler Drive Sinqle Road CrossinR under 6" dia. = $150.00 ($15.00 for every inch over 6" dia., 18" over) 18" x $15.00 per/If = $ 270.00 per/If + $150.00 single rd. crossing = $ 420.00 per Single Rd. Crossing $126.00 (per/if) + $420.00 (Single Rd. Crossing) = $546.00 Total 24" Elect/Comm. Duct Bank 195.00 (6"Waste Disposal Line 234.00 (0" Fire Line) 546.00 (24" Elect/Comm Duct Bank) 975.00 Total UPA Fees Across Kaler Drive ,63t.00 (RCP) 975.00 (6", 8" & 24" Lines) 2,606.00 Total UPA Fees Kaler Dr. EXHIBIT D Cantwell Lane 1-24" Electrical/Communications Duct Bank 2-24" RCP Storm Sewer Pipes $1,630.00 Total UPA Fees for Cantwell Lane (50 L.F.) (50 L.F.) 1-24" Electrical/Communications Duct Bank $1.00 per/If for every inch under 6" dia. ($.10 per/If for every inch over 6"I 18" over) 18" x $.10 pedlf = $1.80 per/If + $1.00 = $2.80 per/If x 50 L.F. -- $140.00 $140.00 for LF. across Cantwell Lane Single Road Crossinq under 6" dia. = $150.00 ($15.00 for every inch over 6" dia., 18" over) 18" x $15.00 per/if = $ 270.00 pedlf + $150.00 single rd. crossing = $ 420.00 per Single Rd. Crossing $140.00 (per/If) + $420.00 (Single Rd. Crossing) = $560.00 Total 24" Elect/Comm. Duct Bank 2-24" RCP $1.00 pedif for every inch under 6" dia. ($.10 per/If for every inch over 6", 18" over) 18" x $.10 per/If -- $1.80 per/If + $1.00 = $2.80 per/If x 50 L.F. = $140.00 per pipe $140.00 per/pipe x 2 pipes -- $280.00 for L.F. across Cantwell Lane Multiple Road Crossing under 6" dia. = $250.00 ($15.00 for every inch over 6" dia., 18" over) 18" x $15.00 per/If = $ 270.00 per/If x 2 pipes = $540.00 + $250.00 Multiple Rd. Crossing = $ $790.00 $ 280.00 (per/If for 2 pipes) + $ 790.00 (Multiple Rd. Crossing) = $1,070.00 Total 2-24" RCP $ 560.00 (24" Elect/Comm. Duct Bank) $1,070.00 (2-24" RCP) $1,630.00 Total UPA Fees for Cantwell Lane $ 2,606.00 UPA Fees for Kaler Drive $1,630.00 UPA Fees for Cantwell Lane $ 4,236.00 Total UPA Fees EXHIBIT D AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH VALERO REFINING- TEXAS, L.P. FOR THE RIGHT TO INSTALL, OPERATE, MAINTAIN AND REMOVE ONE 18-INCH RCP STORM SEWER LINE, APPROXIMATELY 35-LINEAR FEET ACROSS KALER DRIVE R-O-W; ONE 24-INCH AND ONE 36-INCH RCP STORM SEWER LINE, APPROXIMATELY 30- LINEAR FEET ACROSS KALER DRIVE R-O-W; ONE 6-INCH WASTE DISPOSAL LINE, ONE 8-INCH FIRE LINE AND ONE 24-INCH ELECTRICAL/COMMUNICATIONS DUCT BANK, APPROXIMATELY 45- LINEAR FEET ACROSS KALER DRIVE R-O-W; ONE 24-INCH ELECTRICAL/COMMUNICATIONS DUCT BANK AND TWO 24-INCH RCP STORM SEWER LINES, APPROXIMATELY 50-LINEAR FEET ACROSS THE CANTWELL LANE R-O-W; ESTABLISHING A FEE OF $4,236.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with Valero Refining- Texas, L.P. (Valero) for the right to install, operate, maintain and remove one 18-inch RCP storm sewer line, approximately 35- linear feet across Kaler Drive R-O-W; one 24-inch and one 36-inch RCP storm sewer line, approximately 30-linear feet across Kaler Drive R-O-W; one 6-inch waste disposal line, one 8-inch fire line and one 24-inch electrical/communications duct bank, approximately 45-linear feet across Kaler Drive R-O-W; one 24-inch electrical/communications duct bank and two 24-inch RCP storm sewer lines, approximately 50-linear feet across the Cantwell Lane R-O-W. SECTION 2. That Valero Refining- Texas, L.P. comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the use privilege agreement: 1. Valero will pay the fair market value fee of $4,236.00 for this UPA. Valero must encase the 8-inch fire line and the 6-inch waste disposal line crossing the Kaler Drive R-O-W. Valero will also construct a concrete casing around the 24-inch duct banks crossing both Kaler Drive and Cantwell Lane street rights-of-way. Valero must place and maintain permanent type line markers as close as practical over the pipelines on either side of the street at each crossing of the public street rights-of-way. Markers must contain labeling identifying pipeline owner and broad description of the product transported in the pipeline. H:\LEG-DIR~Joseph\ORD-upa-Valero2.doc 4. Valero must have a 36-inch minimum depth clearance when constructing the private lines across both the street rights-of-way. Valero must comply with the required utility separation clearance as stated in Paragraph I. of the UPA. Valero must notify City Water, Wastewater, Gas, and Storm Water Departments, and all private utility companies 48 hours prior to any construction work. Valero will be responsible for any damage to waterlines and all other existing utilities within the construction areas. 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 23rd day of March, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved -/,~'~-~r~ f~ ,2004 By: Joseph {Zlarney (~ Assistant City Attorney For City Attorney H:~LEG-DIRUoseph\ORD-upa-Valero2.doc Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIRXJoseph\ORD-upa-Valero2.doc 14 AGENDA MEMORANDUM AGENDA ITEM: March 12, 2004 Motion authorizing the City Manager to execute a Deferment Agreement with Shell Land Development Management Company Inc. (Developer), in the amount of $236,356.39 for the future street construction improvements including street pavement, curb, gutter and sidewalks, storm water, sanitary sewer and water lines along the extension of Acushnet Drive and Kram Road adjacent to Lot 2, Block 8, Saratoga Weber Plaza in accordance with the Platting Ordinance section V-Required Improvements. Subsection A.3 b), and declaring it an emergency. ISSUE: Shell Land Management Company, Inc. owner and developer of Saratoga Weber, Plaza, Lot 2, Block 8 has submitted written application for a Deferment Agreement to defer construction of the extension of the full width of Acushnet Drive and Kram Road adjacent to Saratoga Weber Plaza, Lot 2, Block 8 in accordance with the Platting Ordinance, Section V-Required Improvements, Subsection A.3.b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Shell Land Management Company Inc. CONDITION: Developer must post a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. Assistant Director Development Services .A. Baileyf'~J.(~ P. Director of 'E~-vaCopment Services ATTACHMENTS: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Background Information Deferment Agreement Site Plan Irrevocable Letter of Credit AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development time schedule and the platting of Saratoga Weber Plaza, Lot 2, Block 8 required the developer to improve the extension of the full width of Acushnet Drive and Kram Road. Both roadways are to be constructed within a 60-feet right-of-way with a 40-feet back-of-curb to back-of-curb cross-section. The public improvements will include the construction of street pavement, curb, gutter and sidewalks, storm water, sanitary sewer and water lines within the extension of Acushnet Drive and Kram Road along the frontage of Saratoga Plaza Lot 2, Block 8. Shell Land Management Company Inc. "Developer" submitted an application for a Deferment Agreement to expedite the recording of the plat to meet the development time schedule. Planning Commission recommended the execution ofthe Deferment Agreement on March 10, 2004. A deferment agreement, (Exhibit "2") between the City of Corpus Christi and Shell Land Management Company Inc. will allow the Developer to defer the construction of required improvements including construction of the street pavement, curb, gutter and sidewalks, storm water, sanitary sewer and water lines for a period up to twelve months from the date the deferment agreement is signed and approved. The Developer is dedicating the street right-of-way for the remaining sections of Acushnet Drive and Kram Road by separate instrument to complete the street network. Construction plans for street pavement, curb gutter and sidewalks, storm water, sanitary sewer and water lines have been approved and construction is underway. The deferment of these sections of Acushnet Drive and Kram Road allow the Developer to expedite the recording of the plat and Building Permits for new businesses The Developer has agreed to deposit $236,356.39 in the form of an irrevocable letter of credit representing 110% of the estimated cost of constructing the required improvements as shown on exhibit "C" and in compliance of the Platting Ordinance Section V-Required Improvements, Subsection A.3.b). EXHIBIT Page 1 of 1 DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OFNUECES This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Shell Land Management Company, Inc. ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of Lot 2, Block 8, Saratoga Weber Plaza, which was approved by Planning Commission on September 10, 2003, a copy of the plat is attached and incorporated as Exhibit "A." WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, before the final plat is endorsed by the City's Director of Engineering; WHEREAS, the Developer is seeking to defer the construction of some of the required improvements, including construction of the streets, curbs, gutters, sidewalks, storm water sewer lines, and water lines along the extensions of Acushnet Drive and Kram Road that adjoins Lot 2, Block 8, Saratoga Weber Plaza, (the "Deferred Improvements"), as required by the City's Platting Ordinance, as shown on Exhibit "B", copies of the approved engineering construction drawings, which are attached to and incorporated into this Agreement, until September 1,2004; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit a letter of credit in the amount of Two Hundred Thirty Six Thousand Three Hundred Fifty Six and 39/100 Dollars ($236,356.39), which is 110% of the estimated cost of constructing the Deferred Improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit "C", with the City; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: The City agrees to waive the requirement that referred improvements be seventy-five percent (75%) completed before the final plat is endorsed by the R41310Al.doc EXItIBIT 2 Page 1 of 5 City's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the streets, curbs, gutters, sidewalks, storm water sewer lines, and water lines along the extensions of Acushnet Drive and Kram Road that adjoins Lot 2, Block 8, Saratoga Weber Plaza, (referred to in this Agreement as the "Deferred Improvements") as shown in Exhibit "B", by September 1, 2004. The Developer agrees to construct the Deferred Improvements, in accordance with the City's engineering standards in effect at the time of construction. The Developer agrees to deposit Two Hundred Thirty Six Thousand Three Hundred Fifty Six and 39/100 Dollars ($236,356.39), in the form of an irrevocable letter of credit issued by American Bank, Corpus Christi, Texas, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit "C", which is attached to and incorporated into this agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. The form of the letter of credit must be approved by the City's Director of Financial Services. Upon completion of the Deferred Improvements by September 1, 2004, or later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall: Immediately release Developer from all obligations hereunder, by mailing a Release Letter to: Shell Land Management Company, Inc. 101 N. Shoreline, Suite 600 Corpus Christi, Texas 78401 Return to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, the letter of credit and any balance remaining of all monies received by the City from the Developer, including any interest earned. If the Deferred Improvements have not been completed by September 1, 2004, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 7 below, the City may call the letter of credit and transfer the amount received, including any interest earned, to the appropriate City fund and the City will then begin completion of the construction of the Deferred Improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the bonding company and the Developer, as their interests may appear. If City constructs all or any part of the Deferred Improvements, the Developer agrees to reimburse the City R41310Al.doc 2 10. 11. 12. for any additional cost of the Deferred Improvements, if the sum of money and interest prove inadequate to complete the Deferred Improvements within thirty (30) days after City completes the Deferred Improvements and bills the Developer. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the Deferred Improvements, the letter of credit and any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer will exercise the City's rights under the letter of credit and transfer any monies received and interest earned to the appropriate fund of the City to complete the Deferred Improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the Deferred Improvements, the excess monies, both principal and interest, shall be refunded to the Bank and the Developer, as their interests may appear, within sixty (60) days of the completion of construction and settlement of construction contracts. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. The Developer covenants to construct the Deferred Improvements, and that this covenant shall be a covenant running with the land. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. Unless otherwise stated in this Agreement, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. R41310Al.doc 3 EXHIBIT 2 Page 3 of 5 13. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 14. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit "D" 15. The City agrees that upon the execution of this Agreement, the posting of the required letter of credit with the City, and the provision of operable water and sewer service as required by the Platting Ordinance, the City immediately will file the plat and proceed to assign addresses to the lots identified in the plat and authorize the issuance of building permits for the construction of a building on the lot, subject to compliance with applicable technical construction codes and procedures concerning the issuance of construction permits. The City will not be required in any event to issue a certificate of occupancy for the building until all required utilities and other infrastructure improvements on the lot have been completed. Developer shall be required to have the infrastructure improvements constructed in the subdivision by September 1,2004. 16. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. EXECUTED in triplicate this __ day of .,2004. Shell Land Management Company, Inc. 101 N. Shoreline, Suite 600 Corpus Christi, Texas 78401 By: Ben B. Wallace President R41310A1.doc 4 EXHIBIT 2 I Page 4 of 5 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2004, by Ben B. Wallace, President, Shell Land Management Company, Inc., a Texas domestic business corporation, on behalf of the corporation. Notary Public, State of Texas ATTEST: By: Armando Chapa City Secretary CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: APPROVED AS TO FORM: This day of George K. Noe City Manager ,2004. R. Jay Reining First Assistant City Attorney For City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the __ day of ,2004, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas R41310A1.doc 5 EXHIBIT 2 Page 5 of 5 Eng: Murray Hudson, P.E. By: C.R.R ESTIMATE TO ACCOMPANY LETTER OF CREDIT FOR LOT 2, BLOCK 8 SARATOGA WEBER PLAZA 10-16-03 Job NO. 23775.A3.07 ITEM J DESCRIPTION PAVING IMPROVEMENTS: I I Clear and Grub ROW ' 2 Roadway Excavation 3 2" HMAC Including Prime Coat 4 8" Cement Stabilized Comp. Caliche Base 6 I10" Lime Stabilized Comp. Sub, rede 6 16"'L' Curb _ 7 ~4' Concrete Sidewalk 8 ~Street Sign 9 IPollution Prevention Plan items I B. STORM SEWER IMPROVEMENTS: 3, 0' 0.94 2,772 I QUAN. 2,772 1,315 5,297 1 1 I 148" RCP 397 2_~_L~_RCP 48 __3_~_4" RCP 260 5 I Junction Box 2 6 I Slot Inlet 5 i 7 IOSHA Trench Protection 805 8 [Fill in existing ditch I C. WATER IMPROVEMENTS: 8" PVC C-900 8" Gate Valve and Box 6" Gate Valve and Box Ductile Iron Cross 8"x6" Ductile Iron Tee Bend Tie to Existing Waterline Sewer Improvements necesscal 745 3 2 for platting pu QUAN.8% + 0.99 AC I 2,911 ~ SY 2,911 SY 4,813 SY 1,381 LF 5,562 1 I LS PAVING SUB-TOTAL: 417 LLt 50 LF 273 LF 105 2i LS 845 LF $1.70 I $2,500.00 STORM SEWER SUB-TOTAL: 782 LF $_1.5_.50 3 EA $625.00 2 EA / $475.00 1 EA / S350.00 2 EA / $270.00 2 EA / $1,300.00 2 EA / $200.00 2 E~_ / $200.00 1 / $ oo.00 1 ~ _~_~00.00_ WATER SUB-TOTAL: )osee. TOTAL ESTIMATE IMPROVEMENTS: per ordinance requirements add 10%: [ I TOTAL CONSTRUCTION COS'T Add 1.5% Engineering: TOTAL REQUIRED FOR LETTER OF CREDIT UNIT TOTAL PRICE COST $400.00 $396.00 $2.60 $9,419.80 $6.25 $18,193.75 $8.00 $23,288.00 $6.00 $28,878.00 $8.50 $11,738.50 $3.00 $16,686.00 $450.00 $450.00 $6,500.00 $6,500.00 $115,550.05 $75.00 $31,275.00 $46.00 $2,300.00 $32.00 $8,736.00 $29.00 $3,045.00 $4,000.00 $8,000.00 $1-,400,00 $7,000.00 $1,436.50 $64,292.50 $12,121.00 $1,875.00 $950.00 $350.00 $540.00 $2,600.00 $400.00 $5OO.00 $300.00 $20,036.00 $199,878.55 $19,987.86 $219,866.41 $16,489.98 $236,356.39 Urban Engineering 2725 Swantner Corpus Chdsti, TX 78404 1-361-854-3101 1 of 1 EXHIBIT C c i, of Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Chdsti Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with FIRM NAME: STREET: FIRM is: 1. Corporation 2. Partnership 5. Other CITY: ZIP: 3. Sole Owner 4. Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each "employee" of the City of Corpus Christi having an "ownemhlp interest" constituting 3% or more of the ownership in the above named "firm". Name Job TRle and City Depadment (if known) State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". : ,, Name 'rifle State the names of each "board member" of the City of Corpus Christi having an "ownership inter~st" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting :~.~. er more of the ownership in the above named "firm". Name Consu/tant CERTIFICATE ~ I certify that all information provided is true and correct as of the date of this statement, that I have not knowihgly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) ~ Signature of Certifying Person:' Date: Page 1 of 2 FROM :TRAFFIC ENGINEERING FAX NO. :~618805545 Mar. 18 L:~BO~ ll:18AM P1 N FUTURE PER DEDICATION BY SEPARATEINSTRUMENT FUTURE-KRAM RD. AS PER FINALPLAT FUTt PER DEDICATION BY SEPARATE ITURE - ACUSHNET DRIVE ~. AS PER FINAL PLAT "~. Lot 2, Block 8 Unl Lot Lot 1, Block 8 LOCATION MAP NOT TO SCALE SARATOGA ~/EBER PLAZA BLOCK 8, LOT 2 CITY OF CORPUE CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERINq ~.~RVIC~S Page 1 of 1 H~R-04-04 THU 12:~? PM IRREVOCABLE LEI-FER Of CREDIT #67§ FAX NO. P, 02 November 24. 2003 BENEFICIARY; City oF Corpua Christi P. O, Box 92?7 Corpus Christi, TX ?8469-9277 AMOUNT: $236,356,39 Gentlemen: CUSTOMER: Shell Land Management Company, Inc. 101 N. Shoreline, Suite 600 Corpus Christi, TX 7§401 EXPIRATION: September 1, 2004 MEMOER IN D2 PENDENT [tANKER8 ^SSOCI~TION OF TEXAS We hereby establish our irrevocable letler of credit ("Irrevocable Letter of Credit") in favor of the City of Corpus Christi ("Beneficiary") for the account of Shell Land Management Company, Inc., acting by and through its President, Ben B. Wallace, ("Customer"), authorizing Beneficiary to draw on American Bank, M.A., Corpus Chdsli, Texas ("Issuer") the amount of Two Hundred Thirty Six Thousand Throe 14undred Fifty Six and 39/100 Dollars ($236,356.39), under Beneficiary's draft bearing the clause "Drawn under American Bank, N.A., Irrevocable Letter of Credit NO. 678, dated Noveraber 24, 2003" and accompanied by all of the following documents ("Documents"): 1. The odginat of this Letter of Credit; and 2. The sworn affidavft of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Shell Land Management Company, Inc., has not installed the roqufred improvements or vacated the plat of Lot 2, Block Saratoga Weber Plaza as required by its Deferral Agreement with the City of Corpus Christi within the time pedod allowed." This Irrevocable Letter of Credit guarantees the obligations of the Customer to the Beneficiary as provided in the Deferral Agreement. Padial drawings are not permitted under this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is not transferable, Issuer hereby agrees with Bene§ciary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than September 1, 2004, that drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit. issuer will duly honor this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is guaranteed for one year from date of issuance. It must be automatically extended for additional pedods of one year. and at one year intervals thereafter, until September 1, 2005, unless, at least EXHIBIT 4 Page 1 of 2 l'lP, R-O4-04 THU 12:48 Pt1 FAX NO, 90 days prior to Sap, ..,1bar 1, 2004, Benefic[ary's City Mana~..' notified Issuer in wiriting by Certified Mail at the above address that Beneficiary has elected not to renew. Issuer shall send notice of the automatic extension to the City's Director of Engineer Services thirty (30) days prior to expiration of the then current Irrevocable Letter oi' Credit. Failure to receive the automatic extension or a substitute Irrevocable Letter ol Credit 30 days prior to expiration of the then current Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking must not in any way be modified, amended, or amplified by reference to any document, instrument or agreement referred to herein or in which this Irrevocable Letter of Credit is referred to or to which this Irrevocable Letter of Credit relates, and any such reference Is not deemed to incorporate herein by referenCe any document, instrument, or agreement Issuer is not a part to, or bound by the terms of any agreement be[ween Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit without inquiring into the truth of the statements made in the sworn affidavit of Beneficiary which statements will be considered by Issuer tO be determinative, conclusive and final. This Irrevocable Letter of Credit will be governed by the provisions of the Uniform Customs and Practice For Documentary Credits (1994 Revision), International Chamber of Commerce (Publication No. 500) to the extend not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincerely, AMERICAN BANK, N.A. Chief Lending Officer RFS/sh EXHIBIT 4 Page 2 of 2 CITY COUNCIL AGENDA MEMORANDUM March 23, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month software maintenance agreement with Court Specialists, Inc. of Friendswood, Texas in an amount not to exceed $41,229.05. Included in the maintenance agreement is the support for the External Warrants Interface. ISSUE: Software must be maintained to allow for upgrades, improvements and enhancements required to meet State and Federal laws or guidelines. Court Specialists, Inc. provided a quote for annual maintenance from January 1,2004 through December 31, 2004 for the City of Corpus Christi's Court House application. Court Specialists, Inc. is the sole provider of Court House application software maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: On March 1998, City Council authorized the purchase of the Courts systems software and a five year maintenance agreement. That five year agreement has now expired and must be renewed annually. FUNDING: Amount Budgeted Source of Funds $41,229.05 5210-40495-53000 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: Ogilvie F. Gericke, P.E. Director of MIS Exhibit A - Software Maintenance Agreement Exhibit B - Software Support and Maintenance Invoice BACKGROUNDINFORMATION The Court House Application Software System is the backbone of all information processed by the Municipal Court - Adding Citations, Payments, Pay Plans, Dismissals, Deferred Dispositions, Extensions, Court Scheduling, Appeals, Warrants, Cash Bonds, etc. It is crucial to daily activity and revenue collection. M~r 17 O~ 02:20p SOlcg~WARE MAINTI~NANCE AGREEMi~NT BE*I~VEEN: City or' Corpus Cl~risti 120 N. Chapparral Corpus Chris~i, Tcxas 78401 (hereinafter referred to ac "[.ICENSEE') COURT SPECIALISTS, INC, P.O. Box 1523 Frlendswood. Texas 77546 (hereinafter leferred lo as "LICENSOR") 'I~RM: January 1, 2004 to Dec~mber 31, ~004 WHFA~EAS, LICENSOR has lic~mcd to LICENSEE thc soflvar~ as spccificd in Scb~lule A and fig LICENSEE wishes Io have LICENSOR perfol~ software maintenance services on the licensed soflwal'~ pmsoant to the following terms: DEFI~qlTIONS A Soflwacc. The tom "Soflwa~c" sha~l rc~an ~he ~ pro~ m obit ~ ~luding ~y c~ec~ns, bug fixes, ~, ~t~ m o~ ~o~, a~l~ CU*~ ~ff~, W ~h CO~ p~g~ ~ ~fion fox ~o~ ~ lts~ ~ ~kdule A of~ ~nt. B, ~, ~o te~ "gy~m" shsll ~n all So~. ~g~t so.ate, ~d o~r semi,es provided by LIC~SOR ~der ~e te~ and condi~ons of~e ~e Li~e ~ree~nt C. ~. N~I Busine~ H~s for LI~NSOR Mo~y throa~ 8:~ ~ - 5:00 p.~ ~T Excluding LICeNSOR's N~ Y~'S Day Me.rial Day lndepe~flee ~Y ~bor Day C~is~s C~is~s Day . . , (Ifa ~h~ ~I~Y ~11~ on a ~ke~. it will bc t~ken on c~ ~e p~vl~s Fn~y or sub~umt MoMny.) D. ~iticalineid~t. Awobl~ot~org~s~o~t~sca~dtheso~ar~ora~jor~°fthg solve m ~ ~o~blc. fiat 17 O~ 02~Op p.3 Iii. Priont~ incldeut. A problem or error h~', occurred thai does not prevent u~e o! the producl, but aff¢cl~ LICENSEE's ability to condllcl business. A workaro~d ~y ~ist. but is c~er~n~ or No~io6tv incident. A ~nor problem which ~y be coa~i~ or ~y affect uaabili~, but for which th~c is an e~y wo~rouM. Il, SCOPE OF WORK Readable a~ of consultation by ~l~hone to LICENSEE'S &ai~al~ conuct for questiom conCe~ o~lion of software. I.ICENSEE'S &si~t~ c~t~ct ~st have ~d LICEN~R'g ~am~8 clas~ ~a, ;~ ~[ed produ~). 2. Fixes for any ~o~ or i~cs m ~ ~e, or ~l~s of ~c so.are to ~ffo~ ack.ce wi~ the Li~ A~e~nt or ~ ~ls n~ifi~ ~ LI~N~R by UC~NSEE ~i~ ~ ~ of ~s a~L LI~NSEE d~ll assbt LIC~SOR m idea~ng the chc~ ia w~h ~h eno~ or i~e~ w~e d~v~ aaa m ~ovldlng New ~;~acs ~o ~ng so.are and ~la~ doc~en~on, M~or vc~ases ~11 be dis~buted a~ally and ~jor ~ w~l ~ dis~d R he~ nol covered ~r th~ aU~n~ will be b~lled per LICENSOR's s~d ~ort UC~SOR ~ill notify LICENSEE w~n a z~st for a~i~ is ~t cove~d un~r ~is ag~e~nt and will ~ billable ~d will receive a~[oval from LICENSEE b~fote ~e s~s ~e p~fo~ a~m ~s not cover: I. pIo~miusmi~ fo~ ~t~d dcvcl~at o~ ~dific~ons requ~t~ hy f 2. ~erati~l probl~ ~ produc~ ~t covcrcd by ~is 3. E~ ~ors ~uscd by cus~mc~ ~u~ of t~ so.re. Re~ve~ ~sis~c nccc~ duc to ~glig~ce of LICENSEE or Ac~s of 5. lns~ll~ cxpm~ for ~t~ e~ce~ntG 6. Confinu~g eduction aM InsMlhtio~ ~in~n~e, and uainiflg of ~rd~, operat~ sysco, ~=b~ses, and ~ird C. ~sto~tion 1. LI~SE; s~ll sub~t a ~inen req~st for ~y custom worL 2.LI~ MIl [cview fl~ c~mm ~rk ;~u~s~ a~d presem LICENSEE ~ s ~cn of cusMmizins ;o be ~o~& a ~ sch~ulc and · p~c 3. LICENSOK ~11 begi~ wot~ o~y ng=~ ~ceivin; weiUcfl ~onfi~t[on by Ill. PR~EDU~S A. T lac ~a~ s. LI~NSEE ~11 iaetdl ~ have ~rafi~J at b ~ of so~ ~tallsfinn ~ during ~e e~ of ~s ~nl I PPP co~on ots 56k ~ ~ ~l-up ~ ~c al~g ~& ~ i~rcd ~ ~ae for UCEN~R'S ~e ~ d~s~ I~ ~cide~, distance chis ~11 ~ ~cvicwcd ~n~lly ~ if ~y ~c~ 15% of~ ~1 et~n f~ fm ~ adjue~ ~Y ~ ~ to ~ year's a~al s~ Mar 17 O~ 02:20p P'4 B. D~aP. lsosis Ired reslxm~. LICENSOR wall FrovJd¢ pmbkm diagnosis [or muHCzl~ *e~t~d by LICEN~E and will supply program fixus or solutions i~ a lilly ~ comist~lt ~th ~ u~ency of the probit. LICENSEE ~11 s~ ~i~ documentation of thc ~obl~ ~luding i~ pdon~ to LtC~SOR I. Critical I~i~cnts. LICENSOR will ~spond i~cdiately to ~a~n~e the p~bl~ LICENSOR will work dai&emly ~th LICENSEF tn ~orre~ ~ p~b]em ~ ~n as ~asible. 2. Priority Incid~. LIC~SOR will ~s~ w~in o~ (1) ~m of aoO~tion by LICENSEE to da8~ t~ problem. Wi~n ~nty-~t {24) ~u~, LICENSOR ~11 ei~et provide a solution to 3. Non-Phoney ~idenU. LICENSOR will ~n~ wi~in tweak-four (24) hours. LICENSOR will p~ide ~ ~oh,tlnn ~ thc ~lem in ~ ~ te~a~ o~ 4. LI~N~R ~ LICENSEE ~y ag~ ~t probl~ aviation would ~ b~er ~u~ed ~n an e~ ~ ~ ~, t~n ~ ~11 pay f~ LIC~SOR'S ~s ~ a li~ and Se~es, nn~ ~tn ~ ~esid~t. ~. TE~ AND ~AT[ON 31 2~. S~qu~ t~ ~ ~ for a ~od of ~ ~, a~ ~h e~ ~ on ~ (30) c~n~nt of~e subduer t~ cv~ of ~1~ by ~EN~R or ~ult by ~SOR, ~ p~ by ~SE~ f~ a~ ~ a~r ~ ~n ~ s~ll ~ ~d by M~R. In ~ ~vcnt of ~tton by LICENSEE or fees pt~io~ly paid shall no~ ~ re~able. D. No~ithsts~ ~y o~er ~ or provision of ~ agte~nt to ~ con~a~ LI~SEE ~y ~s agr~t ~ ~ or ~ c~ ~ ~ (~) ~ ~ ~e to LICENSOR V. pA~ENT LICENSEE shll ~y ~o LICENSOR ~ n~l ~temnce fcc ~esigna~ for e~h product listed in Scale A. I[ ~ a~I ~p~t fee is nol paid ~thln 60 ~a~ of ~e ~voicc ~te, thi~ ~ M&r 17 05 0~:20p P.~ VI. TITLE Any changes, aclditions or enl~ncemeats m ~ fo~ of new or ~gial pro~a~ or ~c~taaon as ~y be p~vidcd ~der tl~is agreement shall ~ jointly o~ and ~ out a~ountabili~ o~ both LICENSOR a~ LICENSEE G~ERAL PI~OVISJONS A. ~t. NCi~ct LI~SEE ~ LICENSOR sl~) ~sign or o~h~i~ ~fgt any ~hl of intcresi in ~ Ag~ in ~ ~e, ar ~ny go~n~ of ~ go~g, a~ cxp~sly ~luling, ~out I~a~io~ t~ ~ c~c. ~ w~le or in pan, ~ ~, ~i~ ~y ~, ~bsid~(i~, entities or ~d ~s, or ~ pa~ of dg ~lc of ~y ~ion of i~ ~, or ~sunni ~ ~y ~r~, co~1~6~ or t~r~t~, ~1~ by o~mtion of hw, ~ ~ o~r p~'g pr~r c~ B. Entire Aeme~. ~s doc~pt ~nd its inco~t~ d~nts c~6ics the co.leto a~ee~nt of thc pa~ies hereto gup~dlng ~11 omi or ~ifl~fl pgvio~ 5fid cont~ a~c~ ~tw~n th~ panics sc~t~ to ~Rc~s b~em ~ ex.pt as o~e~se provided h~a, c~ot ~ ~ed ~erabilitv. It ~y pmv~ion of ~is Ag~n~ s~H ~ lgld to ~ invalid, ilio~t or un~o~ble, ~alidi~, ~gallty and enfom~ab~i~ of ~ g~ag pmv~iom ~11 not ia any ~y be affected or i~nired. D. ~ia w Ve . ~s ~m ~ all of~ ~ ~t~ Igre~ ~11 nhligntiom of~is A~ ~ ~om~e in Nu~ ~y, Ting s~h ~ excl~ive v~ f~ ~on ~g om of~ A~ ~ ~ ~ gu~s ~, T~. E. He~. ~ ~a~ of ~ss Agge~nt nrc f~ ~e conv~ie~e of ~fe~n=e only aM ~11 not In ~y ~ any of ~ tcz'l~ a~ ~ndi6o~ ~rcof. F. No~ces. ~1 no~es given h~re~r will ~ sent ~stor~ ee~ifg~ ot ove~ dellve~, advised to ~ ~ nt the ad'ess sho~ m ~e F~st ~rng~ph of ~is A~nt or o~ ~uch ad~es~ as ei&er ~ ~y s~cify in ~g. G, ~. ~R~Hat~R,~o~,~~f~t~onof~s A~'eo~t, i~g ~t ¢~i~ for mj~ ~ ~ ~ dn~geg t~ ~ w~ ~y It~ fi~ go~ D. H. For~ Ma~. Nei~ ~ ~H ~ ~ ~f~alt or o~ liable for ~y ~hy m or faille of its ~ which ~ ~it j~nt ~y ~ c~ld ~ ~ ~ of ~ ~lay ~ ~ ~tf~ of th~ Agre~. l~emnifi~on. LI~NSOR a~ to defer, in~ ~ ~ave h~ ~ LICENSEE, its ~n~, a~ ~lny~ ~om ~ and ~[I ~nbil~gs, e~, I~seg dn~ge~, or expeme~, aao~y's fees of ~d paRics, t~ulting from no~igen~ ot wi[[~l ac~ or o~s~io~ ~ ~e ~R ~t by LIC~R. ~D~ LICENSEE ~11 ~ gi~ ~ ~ ~ ~en no~ ~g ~de ~s, 'f~ LICENSEE w~ll hnve 30 ~ m ~ly m ~h ~e. A~ 30 ~ys, LIC~R ~1 allow ~c ~N~E 120 la~ gl~ of ~ ~. If LI~SEE c~es ~t to up~s~ ~ LIC~R ~ ~w no o~ VIII. Mar 17 04 O~:21p choice but to discontinue m~intenance oo I.ICENSEF'~ Software. In order for the LICENSOR to provide the "belt" and "least czpemi~e" supporl lo all o~ LICENSE~, t~ ~CENSOR r~ues ~at all LI~SE~ stay ~ ~ our mf~arc. IN WITNESS WHEREOF, the parties have cau.~cd this Agrccn-,cnt, which shall imu~c lo thc benefit of and be binding upon the successors oflhe respective parttes, for the term specified and any subacqucnt rrm:wals. STS~ INC. City of CorDus Christ/ By: Signature ~ Signalu~ Lorri Condy, VP Professional Services Dale Name: George K, Noe Title: Ci~ Mamg~r Dale SCHEDt~,F. A - SOFTWARE AND FKRS l~rodUCL Year One Annual Support for CourtHouse - Courts Corpus Christi Munletpnl Court S41,229.05 ~r 17 04 O~:21p SCHEDULE B - STANDARD SUPPORT CHARGES Support from CS1 omce: A. Custom Programming Requests Database Performance Evaluation C Database Administration ,~'r'viccs D. Hardware Suppor~ Services E. Other Services Not Covered by Maintenance Agreement On-Site Support: A, On-Site Custom~' ,will be billcd: B, Required parts and Mat~sl C. All travgl related exp,m~s as describexl: · Travel by amomobilc from the Iime technician leaves Cil office until he/she returns Col~munic,~ti0ni (I.~. long di~laucc uad modem) charges pertaining ~o support Continuing Edueatlou and Training at LICENSEE'S facility Plus trnvel related expenses iuvoice psym~ut terms are NET ~0 DAYS. $17$.00perhour $400.00 $175,00 per hour Sl75.00 per hour $17$.00per hour $200.00 per hour Actual Expense Per Standard IRS Rate Actual Expense S1,0o0.00 pgr day *All the above pricing is subject to ch~gc with 30 days prior notice. SCllEDULE C - DEI~NITIONS AND EXAMPLES OF COVERED AND NON-COVERED SUPPORT TE~RMS 1. W~at is "Rcasoua~lc amounts of consulla~on by telephone:"? A. K~sonable u~un~ ot*co~ui~tion is defined ~ thc prac6ca} amo~ oft~ nccc~a~ m ~sist a fully s~ffod c~ ~d a~lica~on ~a~ed p~n in ~solvin~ opc~tional qucstio~ ~cming the so~a~e. g~h questions ~y c~t et: (1) How ~ 1 ~n a ~r ~n~n ~n fi~ pmg~m ~ ~w ofl~? (2) W~'e do I ~ a ~mcutar ~ti~ ~ ~ program? (3) ~t B. Te~ ~i~e for ~ ~ Mil ~ ~ ~ ~ ~ a~m, 2. C51 O~tntio~l ~n~ which n~ cov~cd: A. ~ ~r~tio~[ ~n~t is a c~e to a ~nent ~a~e of ~ ~ae ~ng the f~ easier to use. h c~ld ~ve e~ ~bfii~es, ~r~ ~it ~i~, ~on~ ~ ~ot, or aH oft~ ~ve. An (1) Cov~d e~ncc~t w~ld i~lade enh~t ~ec as a val~bk addition to ~ so.ate pac~ge for all or a ~Jofi~ of the cli~t~. ~, Stale Required Enba~cemems: elements..am example it~ludes: (1) State rc~dring the collection of adnfinis~ative and education cost for blw gnforccmcm otl~cets. 4, New Features et modules purchased by LICENSEE from LICENSOR which were not ongieal pa~1 of'~te base system and presently incorporamd in ~ agreement, may incur an additional maintenance fcc but will be included under this 1. Long DisPute Telephone Cbarg~ and Long i~stance Moacm Clmrges fo~ itcnu not coverecl by this maintenance a~'eement wit~ be chargcd st actual cxpcnsc. 2. Custom~d A. Custom pro~t~ is Perr°tIlled at the request °f the Cust°met f°l' cbengcs t° 8 cutvcm pr°~ram °r the development of a new or additional Inog~ant Examples include: ( I ) The sot~vare provides a standasd data enny scvt~a, The cuslom~ zequests a modification to this screen. (2) Customer i~:luasts defendent's driver's license aumbe~ bc included on the cash list. 3. This Product under Anoll~ Hardware and/or Sot~'ware Platform: A. CS1 Software and third party w:oducts must bc co~tiblc with tbs operating system and haroNvarc for which thc anl~wa~e ia designed. Ex~les include: (I) ~mer Ol~'ra~'s · single nat~ DOS yemen of CSt software, WordPerfect ami Informiz~ (2) Customer desires to upgrade m · multi-user envirom~nt` This ~pgrade requires the purchase of the ~ahi-user version of file operating system. C51 Sollwa~e, WordPerfect and Inforrmx. t,. Interfacing To Peripherals Such As Personal Computers, Terminals, Pi'inters, Modems, crc.: Interfacing ~o peripherals requires both hardware and s m~.xvsre coml~l~iCaliou. The peripheral must be physically com~c~ed to the computer. The operating syst-cm mus~ bc vmgi$uacd To support thc pexipheral. ~ 17 O~ 02:21p p. lO 5. Opcratmnal Problems W th Products Not Covcrcd By A Support Agreement. A. TI~ CSI SoflwarA Maintenance Conua~t is solely for ~be support and maL~enancc of Coutl Specialists soflw~e and DOES NOT includc Ihe suppofl o~ maintenance of othcr (cuslomer owned) software or hardware products 6, Errora Rclaled to User MisapplicMion: A. Erroneous cr~orc of dam or pro,'ams and/or ml~pphcalmn of data. An example is: (1) FA-asin§ dali in error or a wroag data on a large mlmber of records requires C~I to write a t'outinc to recover or correct the information 7. Rccove~y AssiA~nce: A Restoring thc system Io a ur, eablc stale. An example is: (I) The hard Otlve on the eoml~l~t' ts damaged dufillg velocatim~ aud/u~ at~ A¢I of God, rcquirlng CSI to restore pro~am.s and/or data lO A repaited/rcplsced hard drivc. 8. Cont~umg bducntion and Training: A. Education and trAiaing of opcratinnal and/or statc cnhancemenls, the purchase of additional modulcs, the purchase of a new release or product capability. Examples include: ( I ) Enhaacc~ to thc original vct~i~u pmol~a~. (2) Addition of& module ~ot pm-chased at the time of sale. (3) Ncw employees or additional u~rS. 9. Imlallition of ,T, nhanccmems: A. Installations of enhencernen~ whClher operational or .~te reqmrcd ate provided by cle~xomc media. These aof~val'¢ c, han~c~ must b~ loaded to 112 C~,tomer'f; computer before operation of the enhsm~ed progl'arfl by thc u.nor. In load~ Ii~ sol~nre changcs, Iheration~ to thc dalabase ~hat slotes user informntlon may be r~qui~ed. If~o, Ihe C,u~tome~'A currant databaae mml be convez~'d ~o Ibc altercd format befot~ ol~radon of 0~c cnltnneemenf- The complexity ~falx~ and/re' eahancerc, emn r~ay requi~e additional Uainin~. SCHEDULE D INSURANCE REoU/REMENTS I. COURT SPECIALIST, INC. LLa. B]LITY INSURANCE Court Specialists, lac. muxt no! cotnmcnce work under this agreement ,~ntil ali m~ncc been obtained a,d s~h insuta~c has ~en approved by ~e Ci~. Co~ S~cmlis~. lac. must ~t allow any Co~ Specialists, Irc, ~t ~wish lo the C~'s ~sk Manager ~o (2) copies of Cer~ifica~s of lnsurancc, showing ~c following mini~m ~overasc by jl~[tr.n~, c~a~y(~) accep~ble to ~e Ci~'s Risk Manager. The City ~t ~ n~d as an ad&tio~l ~d for I~ Gene~[ Liabili~ policy and a bla~el waiv~ M~UM ~S~CE COVE~ ~ OF INSURANCt~ 30-Day written notice of e~neell:stlost, tutorial ebaufe, non-renewal or termipation and 10 day written notice of csmeellafion fa' non-payment of premium is required on COIVlMERCIAL GENERAL LIABILITY includmg: 1. Comm~ci~l Form 2. Pren~sc* - Opei~Uon~ 3. Products/ConspJ&~ed Opctallous 4. Ca,actual Lability .~. Indelx-.8~ C~n~'acto~ Sl,0OO,O00 uOMg[NL:D SIN(~L£ LilvflT ti. A. Tn thc event of accidents of any kind, Court Spccialist~, Inc. muSt furnish thc Risk Manager with copies of nfl reports within 10 days of any accidents. ADDITIONAL REOUIREMENTS C~mficatc of insurance: · Thc City of Corpus Christi must be named as an MldJtlonnl insured on thc Oeneml liablliU covcmtSv and a blnnket w3iver of subrogation is required on ali applicable policies. · if your insurance coat, any uses the standard ACORD fon~. rite cancellation claos~ (bottom ti:;ht) ' " r' 5ctwecn "be" and "canceled", and doling the mrna be nnaeaded by nddmg the wordmg changed o words, "endeavor to'*, a~d deleting thc welding &tier "left". · The name or the project must be listed under "Dcscrlption of Opcrntiom" · At a rmninmm, a 30-day written notice of cancellation, material cltange, non.renewal, tclTnimitiotl a 10-day writltia notice of cancellaliou for non-payment nflmetmum to dsc Risk Ivlann$¢r is required C. If the Certificate of Insurance does not show on its lace thc exlstePcc of thc ~v~aae, c xcquir~d by itcrm I.B (1)*(6), an authorized representative of the insmaflce compM~y on~t include a letter specifically stating whether itcrm I.B. (1)-(6) arc included or excluded. I0 ACORD. CERTIFICATE OF LIABILITY INSURANCE ~OLD~n. VSm CEn?~F~A~ nOF~ NOT 8/24/2004 8/Z~/200~ l,O00, OOO CANGELLATJO# ~ar 17 O~ 02:22p p. 1~ IMIC~:)RTAm hok~r ~n ~ ~ luck en4X]hlernenl(I) (~CLAIMER Court Specialists, Inc. P. O. Box 1523 Friendswood, Texas 77549-1523 Invoice Date I Invoice 2/1/2003 2044 Bill To City of Corpus Christi 120 N. Chapparral Corpus Christi, TX 78401 Attn: Rene Mendolia Ship To P.O. Numb... Terms Rep Ship I Net 30 12/1/2003 Via F.O.B. Project Quantity Units item Code Description Price Each Amount Annual Support Annual Support for Court Specialists, Inc. 41,229.05 41,229.05 Court System Computer Software for the period of January 1, 2004 through December 31, 2004 for 64 users. Thank you for your business. I Total $41,229.05 16 AGENDA MEMORANDUM Date: Mamh 16, 2004 SUBJECT: Corpus Christi Air Quality Research Projects Environmental Programs AGENDA ITEM: Resolution authorizing the City Manager or the City Manager's designee to execute an Interlocal Cooperation Agreement with Texas A&M University- Corpus Christi in the amount of $345,000 for the Pollution Prevention Partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. ISSUE: The City of Corpus Christi has entered into a contract for a $884,600 grant from the Texas Commission on Environmental Quality (TCEQ) for the purpose of conducting air quality research, planning, and educational outreach in Nueces and San Patricio Counties for FY 2002/2003. Texas A&M University-Corpus Christi (TAMU-CC) is seeking a subcontract to perform certain specified portions of the project work. FUNDING: The TCEQ provided the City of Corpus Christi with a grant in the amount of $884,600 to fund air quality research and small business assistance projects in Nueces and San Patricio Counties during the state FY 2004-2005, which has been appropriated into the No. 1071 Community Improvement Grants Fund. RECOMMENDATION: Staff recommends approval of the resolution as presented. Attachments: 1. Summary of TAMU-CC Contract C. I~im Mc~3uire ' Director, Office of Environmental Programs BACKGROUND INFORMATION Subject: Corpus Christi Ozone Near Non-Attainment Area Research Study Project Description: The TCEQ continues to provide grant funding to Texas cities nearing non-attainment of the National Ambient Air Quality Standards (NAAQS). The City is acting as the prime contractor with TCEQ and subcontracting the research portion of the work to Texas A&M University-Corpus Christi (TAMU-CC). TAMU-CC is seeking a contract with the City for continuation of a program in pollution prevention for small business and public education for air quality in Nueces and San Patricio Counties. This contract will also be funded through the TCEQ grant funding, and is a continuation of currently ongoing projects. The TCEQ is funding these programs in Corpus Christi and other Texas cities close to exceeding the ozone standard with Appropriation Rider 8 to the FY 2004/2005 TCEQ Budget. The region is very close to violating the National Ambient Air Quality Standard (NAAQS) for ozone and must comply with new standards for fine particulates. The Pollution Prevention Partnership managed by TAMU-CC provides outreach and assistance to small business in emissions reduction strategies to achieve that goal. The program began in F/Y 1996-1997 under a similar Appropriations Rider (Rider 26) and execution of a Flexible Attainment Region Agreement between the U.S. Environmental Protection Agency (EPA), TNRCC, and the City. The program continued through 1998/1999 with Appropriations Rider 17 funding and for FY 2000/2001 and 2002/2003 is from TNRCC's Appropriations Rider 13 for that period. Should the area be designated as non-attainment, the sanctions imposed by EPA will be very detrimental to future area economic development. It could also jeopardize highway funds until EPA approves prescribed planning for regaining attainment status. Prior Council Action: Similar project funding grants from TNRCC have been used in prior years to carry out the necessary research and outreach activities, which have been instrumental in maintaining our attainment status to date. Council authorized execution of TNRCC Contract No. 582-4-64576 for $884,600 and appropriated those funds (Ord. No. 025437, August 26, 2003). A work plan detailing the project work to be conducted with the subject funds was developed and has been accepted by the TCEQ and is included as an attachment to the agreement. Future Council Action: Approval of contracts for $25,000 or more for FY2004-2005 Appropriations Rider Fund project work, which may be developed during the life of the contract. SUMMARY INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND TEXAS A&M UNIVERSITY - CORPUS CHRISTI FOR POLLUTION PREVENTION PARTNERSHIP AND EDUCATIONAL OUTRREACH PROGRAM (CORPUS CHRISTI OZONE NEAR NON-ATTAINMENT AREA SMALL BUSINESS ASSISTANCE AND PUBLIC EDUCATION ON POLLUTION PREVENTION AND AIR QUALITY) Subcontract Provision - Texas A&M-Corpus Christi (TAMU-CC) will receive funding for the small business assistance program begun under the original Interlocal Agreement executed in 1998. Print shops, wood refinishers, industrial surface coaters, and auto body shops received pollution prevention assistance under the original and subsequent agreements. This amendment will allow expansion of those efforts to the oil and gas industry and agriculture industry. It will also provide for follow-up assistance to the industries currently participating in the program. Pre and post surveys were implemented for those businesses participating to quantify emissions reductions, which have been realized as a result of the program. These surveys have been coordinated with other on-going emissions inventory work as part of associated project work. TAMUCC also conducts public education and outreach programs as outlined in the Work Plan. Responsibilities of Subcontractor - TAMU-CC will extend the small business outreach to additional small business categories in addition to those that received pollution prevention guidance under the previous subcontracts. This extension represents a continuation of currently on-going projects. Pre and post program surveys will be implemented to establish a measurable emission rate prior to voluntary efforts being established, and after to produce definable, measurable emission reductions through voluntary efforts recommended in the program. Payment - Payment to TAMU-CC will be on a cost-reimbursement basis. TAMU-CC will document costs as required by TCEQ. Term - The contract terminates on August 31,2005 unless the Texas Legislature provides TNRCC the authority to carry forward money into the FY 2006-2007 biennium. L ATTACHMENT#1 J RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CiTY MANAGER'S DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A & M UNIVERSITY - CORPUS CHRISTI IN THE AMOUNT OF $345,000 FOR POLLUTION PREVENTION PARTNERSHIP AND EDUCATIONAL OUTREACH PROGRAM, WHICH INCLUDES SMALL BUSINESS ASSISTANCE AND PUBLIC EDUCATION ON POLLUTION PREVENTION AND AIR QUALITY IN NUECES AND SAN PATRICIO COUNTIES NOW, THEREFORE, 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 execute an interlocal cooperation agreement with Texas A & M University - Corpus Christi in the amount of $345,000 for pollution prevention partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 1st day of March, 2004. First'AssiStant City ~-torney For City'Attorney J Samuel L. Neal, Jr. Mayor R43205B1 .doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 2 R43205B1,doc 17 AGENDA MEMORANDUM Date: Mamh 16, 2004 SUBJECT: Corpus Christi Air Quality Research Projects Environmental Programs AGENDA ITEM: Resolution authorizing the City Manager or the City Manager's designee to execute an Amendment to the Interlocal Cooperation Agreement with Texas A&M University-Corpus Christi, in the amount of $45,000, to add a remote vehicle emissions sensor project called "AutoCheck" to the Pollution Prevention Partnership activities. ISSUE: The City of Corpus Christi entered into a contract for a $884,600 grant from the Texas Commission on Environmental Quality (TCEQ) for the purpose of conducting air quality research, planning, and educational outreach in Nueces and San Patricio Counties. Texas A&M University-Corpus Christi (TAMU-CC) has a subcontract to perform certain specified portions of the project work. This amendment increases the subcontract by $45,000 to fund a program to provide incentives to owners of vehicles identified as having high exhaust emissions to repair those vehicles. FUNDING: The TCEQ provided the City of Corpus Christi with a grant in the amount of $884,600 to fund air quality research and small business assistance projects in Nueces and San Patricio Counties during the state FY 2002-2003, which has been appropriated into the No. 1071 Community Improvement Grants Fund. Funding for this program will come from this grant. RECOMMENDATION: Staff recommends approval of the motions and ordinance as presented. Director, Office of Environmental Programs Attachments: 1. TAMU-CC Project Workplan Amendment BACKGROUND INFORMATION Subject: Remote Vehicle Emissions Sensor and Repair Program (AutoCheck) Project Description: The TCEQ provides grant funding to Texas cities nearing non- attainment of the National Ambient Air Quality Standards (NAAQS). The City is acting as the prime contractor with TCEQ and subcontracting the pollution prevention portion of the work to Texas A&M University-Corpus Christi (TAMU-CC). TAMU-CC is seeking an amendment to the contract with the City to conduct a program to reduce vehicle emissions to improve air quality in Nueces and San Patricio Counties. This contract is funded through the TCEQ grant funding, and is a continuation of currently ongoing projects. The TCEQ is funding these programs in Corpus Christi and other Texas cities close to exceeding the ozone standard with Appropriation Rider 13 to the TCEQ Budget. This Rider contract is in effect through August 31,2004. The region is very close to violating the National Ambient Air Quality Standard (NAAQS) for ozone and must comply with new standards for fine particulates. TAMUCC purchased and is operating a remote vehicle emissions sensor to identify vehicles with high exhaust emissions under a program termed "AutoCheck." The emissions inventory data for Nueces and San Patricio Counties indicates that mobile sources contribute nearly 40% of ozone producing emissions in the two counties. The AutoCheck program funded through this amendment will provide financial incentives for owners of high emissions vehicles, identified with the remote sensor, to get them repaired. Prior Council Action: Project funding grants from TCEQ have been used to carry out research and outreach activities, which have been instrumental in maintaining our attainment status to date. Council authorized execution of TNRCC Contract No. 582-2-44893 for $884,600 and appropriated those funds (Ord. No. 024538, August 21,2001). A work plan detailing the project work to be conducted under this amendment was developed and has been approved by the TCEQ. It is included as an attachment. Future Council Action: None anticipated under the existing Rider 13 contract. ATTACHMENT Pollution Prevention Partnership Rider 13 Work Plan Amendment Texas A&M University-Corpus Christi Pollution Prevention Partnership I-a. Title of Task - Pollution Prevention Partnership - AutoCheck A. Funding Requirement $45,000 Source of Funds TCEQ/City of Corpus Christi B. Responsible Party Texas A&M University-Corpus Christi Personnel Assignment Alex McNair C. Obiective The objective of AutoCheck is to reduce emissions from polluting vehicles. An existing program with the Pollution Prevention Partnership, AutoCheck, identifies polluting vehicles and informs the vehicle operators about the health of their vehicle. Funding for this amendment will provide vehicle maintenance assistance to owners of polluting vehicles as identified by AutoCheck at car care clinics. Assistance will be provided in the form of a voucher to be taken to participating vehicle service companies. Pricing and service negotiations will take place with Pollution Prevention Partnership automobile service partners to determine the value of an individual voucher. A reporting format will be coordinated with the participating automotive service providers to track vehicles that have been serviced, estimate the reduction in emissions as a result of the service and bill the Pollution Prevention Partnership for services provided. D. Deliverables The Pollution Prevention Partnership will provide monthly reports that will include number of vehicles serviced and approximate emission reductions. Previous Work The Pollution Prevention P~_rtncrship has participated in Riders 17, 13-1, and 13-2. AutoCheck is an existing program within the Pollution Prevention Partnership. Due Dates Monthly reports will be submitted to the City of Corpus Christi contract administrator by the 4th of each month. This project will be completed by August 31, 2004. Budget Administrative Expenses $5,000 (telephone, mileage, postage, printing, etc.) Total Value of Vouchers 40,000 Total Budget for Proposal $45,000 RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A&M UNIVERSITY- CORPUS CHRISTI, IN THE AMOUNT OF $45,000, TO ADD A REMOTE VEHICLE EMISSIONS SENSOR PROJECT CALLED "AUTOCHECK" TO THE POLLUTION PREVENTION PARTNERSHIP ACTIVITIES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an amendment to the Intedocal Cooperation Agreement with Texas A&M University-Corpus Christi, in the amount of $45,000, by adding a remote vehicle emissions sensor project called "AutoCheck" to the Pollution Prevention Partnership activities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: IsT day of March, 2004. R',J~Y Rxefning / First Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 1~43204A1 .doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 2 R43204A1 .doc 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3-23-04 AGENDA ITEM: Ordinance authorizing the resale of a foreclosed property located at 5300 Agnes for failure to pay ad valorem taxes. Amount of bid for the resale is $41,000, of which the City of Corpus Christi is to receive $10,001.14. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of this property. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the property. REQUIRED COUNCIL ACTION: Approval of proposed ordinance authorizing the resale of the listed property. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed ordinance in order to place the property back on the tax roll. Cindy O'Brien Director of Financial Services Attachments: Background Exhibit A BACKGROUNDINFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to non-payment of ad valorem taxes. The law firm of Linebarger, Heard, Goggan, Blair, Graham, Pena & Sampson, L.L.P. is proposing the resale of the listed property for $41,000. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The City of Corpus Christi is expected to receive $101001.14 from the sale. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the property listed for the property to be returned to the property tax roll. ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: 89-5133-D; Flour Bluff lSD, et al vs. Raymond E. Nichols 4933-0000-0810; 5.92 acres out of Share C, McBride Partition 5300 Agnes - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: May 6, 2003 155,958.27 41,000.00 1,227.00 88,380.00 26.29% 46.39% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 33,577.44 8,563.03 Nueces County Education District 7,197.19 1,835.45 City of Corpus Christi 39,216.55 10,001.14 Corpus Christi Independent School District 65,793.75 16,778.94 Del Mar College 10,173.34 2,594.44 5.92 ACRES OF LAND, ZONED I-3 FOR HEAVY INDUSTRIAL USAGE. THE LOT HAS 300' FRONTAGE ON THE TEX-MEX RAILROAD LINE, AND IS 871' DEEP. THE PROPERTY IS COVERED WITH HEAVY DEBRIS, INCLUDING HUNDREDS OF OLD TIRES, BROKEN CONCRETE, JUNK VEHICLES, ETC ..... THE PROSPECTIVE PURCHASER IS GUS CARLISLE JR. OF CORPUS CHRISTI EXHIBIT A 1 O92 ORDINANCE AUTHORIZING THE RESALE OF ONE PROPERTY LOCATED AT 5300 AGNES SHOWN ON THE ATTACHED AND INCORPORATED EXHIBIT A WHICH WAS FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, FOR $4'1,000; AND DECLARING AN EMERGENCY. WHEREAS, the taxing authorities hold in trust the properties legally described on the attached and incorporated Exhibit A; WHEREAS, the taxing authorities desire to obtain the best possible price for the properties and return these properties to the tax rolls; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION '1. The governing body of the City of Corpus Christi authorizes the resale of one (1) property located at 5300 Agnes, Corpus Christi, Texas, shown on the attached and incorporated Exhibit A, which was foreclosed upon for failure to pay ad valorem taxes, for $41,000. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. 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 ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: March 18,2004 Lisa Aguila~ Assistant City Attorney for City Attorney ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID~ & Legal: Property Location: 89-5133-D; Flour Bluff lSD, et al vs. Raymond E. Nichols 4933-0000-0810; 5.92 acres out of Share C, McBride Partition 5300 Agnes - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: May 6, 2003 155,958.27 41,000.00 1,227.00 88,380.00 26.29% 46.39% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County 33,577.44 8,563.03 Nueces County Education District 7,197.19 1,835.45 City of Corpus Christi 39,216.55 10,001.14 Corpus Christi Independent School District 65,793.75 16,778.94 Del Mar College 10,173.34 2,594.44 5.92 ACRES OF LAND, ZONED I-3 FOR HEAVY INDUSTRIAL USAGE. THE LOT HAS 300' FRONTAGE ON THE TEX-MEX RAILROAD LINE, AND IS 871'DEEP, THE PROPERTY IS COVERED WITH HEAVY DEBRIS, INCLUDING HUNDREDS OF OLD TIRES, BROKEN CONCRETE, JUNK VEHICLES, ETC ..... THE PROSPECTIVE PURCHASER IS GUS CARLISLE JR. OF CORPUS CHRISTI EXHIBIT A 1092 0 ~ SUN L Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter nde as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter nde and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Armando Chapa City Secretary Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper HeinE/Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Samuel L. Neal, Jr., Mayor City of Corpus Christi HSLEG-DIR~Shared~LlSA-201M\Ordinances~Woper~y Sale-5300 Agnes-Oral.doc 2 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 10, 2004 AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a first amendment to the lease agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: Great Western Soccer League has requested an amendment to their lease so that they maintain the Premises and all Improvements during its soccer season, not on a year round basis. Also, an amendment to the Premises in Exhibit A has been requested. REQUIRED COUNCIL ACTION: The City Council must approve all amendments to multi- year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with Great Western Soccer League. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the amendment to the lease with Great Western Soccer League for the use of Terry and Bobby Labonte Park. David Ondrias, Acting Director Park and Recreation Department Attachments: Background Information Map BACKGROUND INFORMATION Great Westem Soccer League has been using the fields at Terry and Bobby Labonte park for youth soccer programs since February 1997. They entered into a five-year lease in January 2002. EXHIBIT A K~Y LEASE AREA Page 9 of 10 Page I of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH GREAT WESTERN SOCCER LEAGUE, A NON-PROFIT ORGANIZATION, FOR THE USE OF TERRY AND BOBBY LABONTE PARK FOR ITS SOCCER PROGRAM IN CONSIDERATION OF GREAT WESTERN SOCCER LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION t. The City Manager, or his desigr'.cc, is authorized to execute a First Amendment to the Lease Agreement with Groat Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. A copy of the First Amendment to the Lease Agreement, including an exhibit that is attached to and incorporated into the lease, is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 3. 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. H:\LEG-D~R\D~y~eD~Curtis~v~YD~cS~3~4U-EASE~RD\~127~4DC~Great~Western~s~ccer~ lstAmend'Lease*Ord'd°c Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the__ day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the__ day of ,2004, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the__ day of A'FI'EST: Armando Chapa City Secretary ~_O~an~,~,~c~ Doyl~ D('~,urtis - Chief, A(3ministrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~Doy~eD.Curtis~VlYDOCS~2003.04~EASE.ORD~012704DC-Great.Westem,S°ccer. lstArnend'Lease'Ord'd°c ,-~, -- CITY COUNCIL AGENDA MEMORANDUM I City Council Action Date: March 2, 2004 AGENDA ITEM: a. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission; providing for severance; and providing for publication. This amendment will update Sec.2-182, Duties, items (6) and (13) of the ordinance to reflect current responsibilities of the Cable Communications Commission. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting; providing for penalties, providing for severance; and providing for publication. This amendmentwill update Chapter 55 to reflect current processes and implement improved complaint procedures. ISSUE: a. Item (6): The FCC no longer allows the City to regulate cable rates because the FCC determined there was effective competition in the city. Item (13): As cable operators do not provide a public access studio, the Cable Communications Commission no longer has responsibility to resolve disputes concerning the use of public access equipment and facilities. b. The Cable Communications Commission, public access user groups, Time Warner, and City staff determined that Chapter 55, Exhibit A, Rules and Procedures for Public Access Cablecasting in the Master Cable Services Regulatory Ordinance needed to be updated for accuracy, clarification and improved complaint procedures. REQUIRED COUNCIL ACTION: Passage of the ordinance amendment to Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission duties and the ordinance amendment to Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting. PREVIOUS COUNCIL ACTION: City Council approved the Rules and Procedures for Public Access Cablecasting in the Master Cable Services Regulatory Ordinance in June 2002. City Council approved Section 2-182 in January 1983. FUNDING: The ordinance amendment requires no expenditure of funds. CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented. Susan Cable Director, E-Government Services BACKGROUNDINFORMATION These proposed amendments are submitted by the Cable Communications Commission to City Council for approval. In August 2003, the Cable Communications Commission held a workshop to review and discuss City Ordinances (Sections 2-181,2-182, 2-183, 2-184) which establish the membership and duties of the Cable Communications Commission; the cable franchise agreements with Time Warner and Grande Communications; and the Master Cable Services Regulatory Ordinance (Chapter 55), which includes the Rules and Procedures for Public Access Cablacasting. a. Two duties listed in Section 2-182 have changed. First, because of a FCC determination, the Cable Communications Commission does not have responsibility to advise the City Council on rate adjustment. Second, because neither cable operator provides a public access studio, the Cable Communications Commission does not have responsibility to resolve disputes concerning the use of public access equipment and facilities. When the cable franchise agreement was approved in June 2002, Time Warner closed their public access studio and gave to the City some access equipment. Grande Communications has never provided an access studio. The City currently contracts with the Channel 10 Public Access User Groupto manage the access studio and editing equipment, At their September 2003 meeting, the Cable Communications Commission approved proposed amendments to Section 2-182 of the City Code of Ordinances, which was last amended in January 1983. The Commission directed staff to submit the proposed amendments to City Council for approval once the review process for the Rules and Procedures for Public Access Cablecasting was completed. b. At their September 2003 meeting, the Cable Communications Commission discussed possible revisions to Section 55, Article XVIII, Division 16, Exhibit A, Rules and Procedures for Public Access Cabiecasting. The Commission directed City staffto meet with producers from Channel 10 and 18, and Time Warner Cable, to work together to update the rules for accuracy and clarification and to improve the complaint procedures with reasonable timetables. For example, with the Council approved agreement between Time Warner and Grande Communications for a live feed of access programs, producers must submit one tape to Time Warner rather than two tapes as stated in the current Rules and Procedures. Information required on tape labels has been clarified to help ensure tapes are aired in correct timeslots. Under Violation of Rules, procedures for investigation of complaints, identification of types of complaints and steps for submitting and responding to complaints were clarified. Timelines were established for submitting and responding to complaints, City staff met with producers on November 13, 2003 and then with Time Warner on December 17, 2003 to review and modify the Rules and Procedures. At their Februa~/23, 2004 meeting, the Cable Communications Commission approved the proposed amendments to the Rules and Procedures and directed City staffto submit them, along with the proposed amendments to Section 2-182, to City Council for approval. There have been ongoing problems with broadcasting of public access programs, primarily related to non-airing of programs in timeslots and sound malfunctions, including bleed-over from Channel 18 to Channel 10. In November 2003, City staff sent a certified letter to Time Warner, citing specific program errors. Time Warner provided a general response. Monitoring by City staff and discussions with Time Warner continued. In a conference call with Time Warner representatives from Corpus Christi and Dallas in early February, City staff requested a proposed plan from Time Warner to resolve the ongoing problems. Time Warner submitted proposed solutions. City staff held a meeting with producers on February 19, 2003 to review these efforts. Both Time Warner and the producers have agreed to work individually and through a joint effort to improve tape labeling and delivery, communications, and video and audio quality. Time Warner has indicated they are improving equipment and Master Control processes. The proposed amendments to the Rules and Procedures will support these efforts by establishing clear and timely steps for identifying and resolving complaints. The Rules and Procedures state that "These rules may be amended by City Council following recommendation from the Cable Commission or franchised Cable Operators in the City. The city shall give any Cable Operator sixty (60) days written notice of any proposed amendment to the Rules and Procedures for Public Access Broadcasting," Time Warner signed a waiver for the required sixty (60) day notice in order to move forward with adoption of the proposed amendments. A copy of the waiver is attached. The following is a summary of the proposed ordinance amendments: Summary of changes to Section 2-182: · Commission no longer advises on rate adjustments · Commission does not resolve issues related to use of studio and or equipment Summary of changes to the Rules and Procedures for Public Access Cablecasting: · Clarifies that two tapes are not required · Establishes new tape label requirements · Clarifies that individual or organization must select one public access channel to air program · Removes requirement that lotteries must be held at specific time of day · Provides that programs may be broadcast as original in subsequent lottery periods · Provides that program time slots are forfeited for remainder of lottery period if tapes are not timely provided · Adds definition of locally produced programming · Revises procedures for rules violation Southwest Division 4060 South Padre Island Drive (78411) P.O. Box 6607 Corpus Christi, Texas 78466-6607 Phone: 361-698-6259 Fax 361-857-5038 TIME WARNER February 24, 2004 Susan Cable City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Dear Susan, Time Warner Cable does hereby waive the required 60 day written notice of the proposed changes and amendments to the Rules and Procedures for Public Access Cablecasting. This waiver is restricted to the proposed attached changes and amendments as approved by the Cable Communications Commission on Monday, February 23, 2004. We urge City of Corpus Christi Staff to request City Council consideration as soon as possible. Sincerely, Gordon Harp General Manager Lisa Aguilar, City of Corpus Christi Paula Kolda, Time Warner Cable ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CABLE COMMUNICATIONS COMMISSION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. Section 2-182 of the Code of Ordinances is revised to read as follows: "Sec. 2-182. Duties. The cable communications commission shall have the following powers and duties: (1) To advise the city council on adherence to the provisions of any franchise agreement approved by the city council and recommend regulations not inconsistent with the terms of such franchise. (2) To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) To work with access user groups to develop rules and regulations which are not in conflict with the terms of the franchise agreement. (4) To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (7) (6) Report annually to the council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions including amendments to the ordinance or franchise agreement. (8) (7) To advise the city council on future applications for franchises. (9-) (8) To acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. , .v, (9) To certify access user councils, and reporting such certification to the city secretary. March 2 2004 2-182.DOC ~, ,, ,10) To establish rules and regulations for use of public access channels until such time as a public access user council has been certified. , ._, (11) To approve the rules and regulations of certified access user councils for use of access channels. (13) (12) To resolve disputes concerning program content, allocation of access channel bme ........ funding, channel space, and ' faoliges. (!4) (13) To coordinate access activities of access users and user councils." 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 hereunder shall constitute an offense, punishable as provided in 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. MARCH 2 2004 2-182.DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ., 2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenere Melody Cooper Henry Garrett ., 2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the __ ATTEST: Armando Chapa City Secretary APPROVED: ¢9~ ~--, 2004 Lisa Aguilar Assistant City Attorney for City Attorney day of ,2004. Samuel L. NeaI, Jr. Mayor March 2 2004 2-182.DOC ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; 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 Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES/RESPONSIBILiTIES/PROCESS Public access users: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. · To obtain a regular weekly or monthly timeslot, users participate in bi-annual public access timeslot lottery. These are called series users. · For random placement of nonrecurring show (i.e., a show that is not regularly produced), Users submit tapes, which are inserted in available timeslots by the PAUG. These are called Occasional Users. Public access user group (PAUG): Users organize themselves according to by-laws, electing among themselves officers and a board of directors. · The PAUG conducts a bi-annual public access timeslot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. · The PAUG receives and schedules programming submitted by occasional users. The PAUG collects and makes available for "~"u'"' by cable operators the schedules and tapes for each channel. · The PAUG administers the rules and procedures; users may appeal decisions of the PAUG board to the cable commission and, after that, to city council. · The PAUG may require series users to pay nominal ~ fees to offset minor operational expenses. March 2 2004 public access rules ordinance,DOC 2 There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. Cable commission: The cable commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the cable communications commission, with the consent of the cable operators. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the City of Corpus Christi. § 1 Rules for participation. Users must complete and sign a Frogramming contract. In signing the programming contract, the user warrants that the following rules will be observed: · All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. · No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes. No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. · No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. March 2 2004 public access rules ordinance. DOC 3 Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, or Consumer DY tape for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the cable commission based upon a request from an access user group and/or the cable operator(s). I ly label t pes folio "" *~'~' *"" ''~ *~"~ * ..... '~ "" *~'" Labeling: All users must c ear a as ws: ......... ,, ........ ,, ............ a. Name of individual cpcnscr producer and organization (if applicable) and telephone number b, Title of the program c. Length of the program On the spine of the tape: al.a. Title of the program......vr~"*'~ ,..... ~' ...... ~.,.~..~'~ _..~""'~ °"~'~"~'~v,,..~,,,,~"; ...... ,,..,,,wv,~'~' ~..v/~ ~v.~,,,,,,,..~'~"*~""*;"~'~ ~.~"' b__, Timeslot number (as determined by Timeslot Lottery), Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a. All one-hour programs must be 59 minutes in length. March 2 2004 public access rules ordinance. DOC 4 b. All half-hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the cable communications commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for series users. Time slots: Series programs are given a regular, weekly slot. Time slots are awarded during the semi-annual timesk~ time slot lottery. Conflicts on requests for time slots will be submitted to the cable commission for arbitration. Each user may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in Section 3, Lotteries and Schedules. Pursuant to rules established by the access user group, a user may substitute another program in place of the repeat program. Application: No later than two weeks prior to each bi-annual t~meslet time slot lottery, each series user must submit a completed public access cablecasting application to their respective access user group, and provide current copies to cable operators; including the following items: a. User's name b. Program name c. Length of the program d. Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: /~ser~s-~ An individual user or organization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two lottery periods. The Spring lottery period be.q ns the first Sunday in June throuqh the day preceding the first Sunday in March 2 2004 public access rules ordinance. DOC December. The Fall lottery period be.qins the first Sunday in December throu.qh the day preceding the first Sunday in June. Users will attend the timcc~ct time slot lottery as noted in a and b below. T-he-c, able ~;)~H~eaffe~, letter-les Lotteries will be conducted as follows: a. The spring lottery is conducted on the fourth Thursday in April at .... ,. ..... w~th the new time slots actually beginning on the first Sunday in June. b. The fall lottery is conducted on the fourth Thursday in October at '!.:30 ~, ..... w~th the new time slots actually beginning on the first Sunday in December. The public access time schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available timc.~!ct.time slot. After all users select timc=!c*.s time slots for their first-run shows, those requesting a repeat showing will then select their timeslots in same order as the initial fimeslets time slots were selected, not to exceed one repeat per show. A pro.qram may be broadcast as an ori.qinal in subsequent lottery periods. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional users. Single timeslots of lengths as noted above in section 2, Length, will be available for occasional users on a first-come, first-served basis. Occasional users must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt by the accc~ u~cr grcup PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. No programs will be scheduled during holidays. March 2 2004 public access rules ordinance,DOC 6 Forfeit of time slot If a series user fails to supply tapes for two consecutive weeks for a weekly program ~. ........... ,~ ...... ,~.o ~ ...... ,r.~ ......... ~ the user forfeits the timeslot until4he ne)~-Iette~ for the remainder of that lottery period. A series producer of a monthly program must supply a tape within the first two weeks of the new lottery schedule or forfeit the time slot for the remainder of that lottery period. After that, if a series user fails to supply a tape for a monthly program during the month of scheduled airinq, the user forfeits the time slot for the remainder of that lottery period. § 4 Defined terms. Access user group -- As set forth in the City Code of Ordinances, section 2-183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming -- Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The cable communications commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced pro,clramm n.q--means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification -- The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") -- This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. March 2 2004 public access rules ordinance. DOC 7 Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual timeslot renewal period. The block of time will be determined by each PAUG by calculating the number of users and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program -- A program which was previously aired on any public access channel. Semi-annual timcs!ct time slot renewal period -- A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series -- A locally produced public access show from a single user. A series can be either weekly or monthly. User -- Any adult resident of the city who, upon having paid any fees required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of the rules identified in section 1. -r~...,,,.. r.~...,,.~,,..~.~ ~...n ~..~ ........... ..~.., grcup ............ ~ ............................ ,.,.,,.,,,.~..;.,, ........ ; .... ~,.,~,.,; .... ~ ,~., ,,~, ....... ~,,. r,h .... i ~ ~ The access user ..... I-' ................... ;~ ........................... C'~' ............. group will inform the user who produced the program that is the subject of the complaint March 2 2004 public access rules ordinance. DOC 8 of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or qroup. If 3ny cf th= =bcv= ru!=s hcvc bccn a Section I rule has been violated, the a~sess-user grcup Access User Group Board of Directors will mail written notice of the violation to the user. The notification letter shall be sent to both the individual user and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in the application. The user may appeal the decision of the ae.~es~us~u~ Access User Group Board of Directors to the cable communications commission by physically delivering to the city secretary's office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The cable communications commission shall hold the hearing for appeal within feurteem(44) thirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission shall promptly render its decision. Appeals of commission decision may be made to the city council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of~e-abeve~ a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of the ~ a Section I rule occurs within twelve (12) months after the first adjudicated violation, then the user shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until e~4~em~ve the violation has been remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints (1) If a User or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, the User or Access User Group Board of Directors shall follow procedures established by their group's certified by-laws. If a complaint is not resolved within seven (7) working days, a User or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (2) If a User or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall be submitted, by email or delivered in writing, within three (3) working days, from a User to the Access User Group and then from the March 2 2004 public access rules ordinance. DOC Access User Group Board of Directors to the cable provider within three (3) working days. The cable provider shall respond, by email or delivered in writing, within thrc~ (3) workin.q days. If a complaint is not resolved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a User or Access User Group, the cable provider shall submit the complaint, by email or delivered in writing, within three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in writing, the cable operator within seven (7) working days. If a complaint is not resolved within seven working days, the cable provider shall submit the complaint, by email or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting." 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 hereunder shall constitute an offense, punishable as provided in 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. This ordinance shall take effect upon publication. March 2 2004 public access rules ordinance. DOC 10 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of 2004. Armando Chapa City Secretary APPROVED: Lisa Aguilar Assistant City Attorney for City Attorney ,2004 Samuel L. NeaI, Jr. Mayor March 2 2004 public access rules ordinance. DOC 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23,2004 AGENDA ITEM: A text amendment to the Zoning Ordinance to address non-illuminated temporary signs displaying the sale, rent, or lease of single-family, duplex or townhomes. ISSUE: Current regulations limit the size of the temporary signs to four (4) square feet regardless of whether it is a single-family residence or a large tract of vacant residential land. The Corpus Christi Association of Realtors supports this change. REQUIRED COUNCIL ACTION: Approval of the proposed text amendment to the Zoning Ordinance regarding non- illuminated temporary signs and adopting the attached ordinance. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed text amendment to the Zoning Ordinance. -- -~ B: A. Bailey, ~ . D~rector of Development Services Michael N. G~unning, AICP ~' Assistant Director of Development Services Attachments: 1) Letter from Corpus Christi Association of Realtors 2) Planning Commission Minutes 3) Ordinance H:\PLN-DIR\EI~vlA\WORD~ZOD\TEMPSIGNSAGENDAMEMO.DOC BACKGROUNDINFORMATION An amendment to the Zoning Ordinance is being proposed regarding temporary signs pertaining to the sale, rent or lease of single-family, duplex and townhome uses. The current ordinance permits temporary signs in residential districts provided they do not exceed four (4) square feet. The real estate industry typically uses a standard four (4) square foot sign and adds one or two rider signs to indicate name of realtor and/or specifics of house, i.e. swimming pool, 4 bedrooms, etc. Signs in large vacant, residentially zoned tracts of land are also limited under the current ordinance to four (4) square feet of sign area. Windshield survey along S. Staples Street, Yorktown Boulevard, South Padre island Drive, and other major streets indicate that the temporary signs range from 16 square feet (1/2 plywood sheet)to 32 square feet (full plywood sheet). The proposed amendment recommends the temporary signs on properties developed with single-family, duplex or townhome uses, be increased to a sign area of six (6) square feet. The six (6) square feet would allow realtors to utilize the larger sign with additional information without being in violation of the Zoning Ordinance. The proposed amendment would allow large tracts of vacant residential land larger signs commensurate with the size of the land. Vacant tracts of land between three (3) acres and five (5) acres would be allowed a maximum sign area of 16 square feet. Vacant tracts of land with five (5) acres or more that front an arterial, highway, or expressway would be allowed a maximum sign area of 32 square feet. In both situations, the sign heights would be limited to eight (8) feet. There are properties with multiple street frontages, i.e., through- lots. Properties located in Padre Island and other water oriented lots that back up to the canals, are currently placing real estate signs oriented towards the canals. This is also the case for properties that back-up to golf courses. The proposed text amendment defines street frontage as also having frontage along a canal or golf course. Staff has met with the Corpus Christi Board of Realtors and they support the proposed amendments. H:~PLN-DIR~ERMA\WORD~ZORD\TEMPSIGNSAGENDAMEMO.DOC 03'11-2004 04:)5P~ FROi~ T-16Z P.OOZ/OOZ F-44T March 11, 2004 O.~FICERS OK~ OFFICEE Mayor and City Council City of Corpus Christi P.O, Box 9277 Corpus Christi, Texas 78469 Attn: City Secretary Honorable Mayor and City Council: t am writing to you on behalf of the Board of Directors of the ,7.orpus Chdsti Association of REALTORS~ concerning an agenda il,~m for your consideration on March 23, 2004. The Corpus Chdsti Association of REALTORS~ is in support c: the proposed text amendment to the Zoning Ordinance regarding the place ~ent and size of temporary for sale and for lease signs on residentially zone( lands. Thank you very much. Sincerely, David Cheek Chief Executive Officer Cc: Armando Chapa, City Secretary Michael Gunning, Director of Planning & Development Planning Commassion Minutes February 11, 2004 ZONING ORDINANCE TEXT AMENDMENT - Temporary signs for single-family, duplex, and townhome uses and mnend amount of penalty fines Mr. Saldana indicated action on increases zoning code violations would be postponed to the February 25th hearing. Commissioner Amsler abstained from participation regarding temporary signs and left the room. Mr. Saldana explained that the temporary sign amendment applies to duplexes and townhomes being advertised for sale. The realtors are constantly violating the 4 square foot area limitation for temporary sign for sale when they add a 2 square foot area for the name of the realtor, other language, or amenities. The amendment allows the temporary sign to be 6 square feet for these properties. The amendment further identifies temporary signs for vacant tracts of land for a sign up to 16 square feet. Public hearing was opened. David Cheek, CEO of the Corpus Christ Board of Realtors, 5250 Everhart Road, stated he believed that the concerns of the realtors have been addressed with this amendment and he was in favor of the amendment as proposed by Staff. Public hearing closed. Motion by Smith, seconded by Zamora, to approve the amendment as submitted. Motion passed with Richter absent and Amsler abstaining. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING SECTIONS 4A-2, 4B-2, 4C-2, 5-2, 6B-2, 8-2, 8A-2, AND 9-2 TO ALLOW FOR TEMPORARY NON-ILLUMINATED SIGNS PERTAINING TO THE LEASE, HIRE, OR SALE OF A BUILDING OR PREMISES ON WHICH THE SIGN IS LOCATED, WITH CERTAIN PARAMETERS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 11, 2004, during a meeting of the Planning Commission, and on Tuesday, March 23, 2004, for the first reading and on Tuesday, March 30, 2004, for the second reading, 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 has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 4A-2 (14) of the Zoning Ordinance is amended by adding a new subparagraph (c) to read as follows: Section 4A-2 Use Regulations. A building or premises shall be used only for the following purposes: (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non-illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty-five (35) feet in height nor overhang or project into the public right-of-way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. -I- H:\LEG-DIRkIOSEPH~ORD-TEMPSIGNS 04.DOC (c) Temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the fo owing parameters: (1) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box per premise. Only one sign per street frontaqe is allowed. (2) For undeveloped properties containin.q not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter- sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontaqe along a canal or a golf course. SECTION 2. Section 4B-2 of the Zoning Ordinance is amended by adding a new paragraph (13) to read as follows: Section 4B-2 Use Regulations. A building or premises shall be used only for the following purposes: (13) Temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the fo ow ng parameters: (a) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a he ght of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per H:~LEG-DIR'~IOSEPH~ORD-TEMPSIGNS04.DOC -2- street frontaqe is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the si.qn may not exceed a height of eight (8) feet and a si.qn area of 32 square feet. Only one si.qn per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontaqe includes frontage along a canal or a golf course. SECTION 3. Section 4C-2 (9) of the Zoning Ordinance is revised and amended by adding new subparagraphs (a), (b), and (c) to read as follows: Section 4C-2 Use Regulations. A building or premises shall be used only for the following purposes: (9) Temporary non-illuminated signs of not .... *~'"" ~ .... fA~ ....... ~,,~, pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (a) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. H:kLEG-DIRUOSEPH~ORD-TEMPSIGNS04.DOC -3- SECTION 4. Section 5-2 (11) of the Zoning Ordinance is revised and amended by adding new subparagraphs (a), (b), and (c) to read as follows: Section 5-2 Use Regulations. following purposes: A building or premises shall be used only for the (11) Temporary non-illuminated signs of not,,,..,.. .... *~'"".,,.~,, ¢,.,,.. .... ~¢A~,¢ .-.~--,~ ....... ¢,,~,,..... pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the fo owing parameters: (a) For properties developed with single-family uses, the sign may not exceed six (6) square feet, nc uding rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a si.qn area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage inc udes frontage a onR a canal or a golf course. SECTION 5. Section 6B-2 (7) of the Zoning Ordinance is revised and amended by adding new subparagraphs (a), (b), and (c) to read as follows: Section 6B-2 Use Regula~ons. A building or premises shall be used and developed according to the following regulations: illuminated signs cf (7) Temporary non ................... ,,,v,~ pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: H:\LEO-DIR',JOSEPH~ORD-TEMPSIONS04.DOC -4- (a) For properties developed with single-family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one si.qn per street frontage is allowed. (b) For undeveloped properties containinq not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a si.qn area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one si.qn per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section1 street frontage includes frontage along a canal or a golf course. SECTION 6. Section 8-2 of the Zoning Ordinance is amended by adding a new paragraph (7) to read as follows: Section 8-2 Use Regulations. A building or premises shall be used only for the following purposes: (7) Temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (a) For properties developed with single-family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one si.qn per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one si,qn per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only -5- H:~LEG-DIRUOSEPH~ORD-TEMPSIGNS04.DOC one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. SECTION 7. Section 8A-2 of the Zoning Ordinance is amended by adding a new paragraph (17) to read as follows: Section 8A-2 Use Regulations: A building or premise shall be used and developed according to the following regulations: (17) Temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (a) For properties developed with single-family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. SECTION 8. Section 9-2 of the Zoning Ordinance is amended by adding a new paragraph (13) to read as follows: Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: -6- H:\LEG-DIR~JOSEPH~ORD-TEMPSIGNS04.DOC (13) Temporary non-illuminated signs pertaininq to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the followinq parameters: (a) For properties developed with sinqle-family, duplex, or townhome uses, the si.qn may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eiqht (8) feet and a sign area of sixteen (16) square feet. Only one si.qn per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage nc udes frontage along a canal or a golf course. SECTION 9. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 10. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 11. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 12. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. H:\LEG-DIR~JOSEPH~ORD-TEMPS IGNS04.DOC -?- SECTION '13. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. -8- H:\LEG~D1R~IOSEPH~ORD-TEMPSIGNS04.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero. Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 2004 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form By: Joseph H rn~ey ('~---"~-- Assistant City Attorney For City Attorney H:\LEG-DIR~JOSEPh~ORD-TEMPS1GNS04.DOC Samuel L. Neal, Jr. Mayor ,2004; -9- 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: March 23, 2004) Case No.: 0204-02~ Soroush Farahnakian: A change ofzoinng from a "B-I' Neighborhood Business District and "R-lB' One-family Dwelling District to a "B-4" General Business District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. The property is on Baldwin-Moore Farm Lots, being 3.289 acres out of a portion of Lot 2, bound by South Padre Island Drive, West Point Road, and Friendship Drive (formerly Bush Drive). Planning Commission and Staff's Recommendation (02/11/04): Approval. Requested Council Action: Approval of the "B-4" District on Tract 1 and "B-I' District on Tract 2 and adoption of the attached ordinance. Purpose of Request: Tract 1 is proposed for development as an auto sales use; Tract 2 is proposed for development as a commercial store. Summary: The applicant has requested a change of zoning from a"B- 1" Neighborhood Bnsiness District to a "B-4" General Business District on Tract 1 and fi.om a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District on Tract 2. Tract 1 The intended plan for Tract I is the development of an auto sales use. Specific development plans were not available. The subject property consists of 2.669 acres with direct access to South Padre Island Drive frontage road and West Point Road, a collector. Access along Friendship Drive, a local street, would not be allowed for commercial development on Tract 1. As stated in the driveway ordinance, when access to a commercial use can be provided along an expressway frontage road, an arterial or a collector street, driveway access along local streets is prohibited. Per the ITE Trip Generation Manual, auto sales typically generate 47.91 average weekday daily lrips per 1,000 square feet of gross floor area of building sales/repair areas. South Padre Island Drive frontage road and West Point Drive are designed to handle traffic from higher intensive uses like that of auto sales. North of Tract 1 is undeveloped B- 1" District property and "R- 1B" District property developed with single-family residences. To the south and west is South Padre Island Drive that has adjacency to undeveloped "I-2" District property. Development east of the subject property consists of a "R-lB" District area developed as a church and a"B-4' District area developed with the church community centen Tract 2 Tract 2 is intended for development as a commercial store. Specific development plans were not available. The subject property consists of 0.620 of an acre and is located at the southwest comer of West Point Drive and Friendship Drive. As stated in the driveway ordinance, access to Friendship Drive, a local street, would be prohibited, but allowed along West Point Road, a collector street. Traffic generated by the intended commercial store, (i.e. a convenience store) typically generates 737.99 average weekday daily trips per 1000 square feet of gross floor area of the building. West Point Road, a collector and the connecting South Padre Island Drive frontage road are designed to handle this volume of traffic. North of Tract 2 is undeveloped "B-I" District property and "R-lB" District property developed with single-family residences. To the south and west are undeveloped "B-1" District areas. East of the subject property are vacant residential lots and a church zoned a "R-lB" Dislxict and a "B-4" District developed with the church community center. Approval of the "B-4" District for Tract 1 is supported due to the availability of access along South Padre Island Drive frontage road. Additionally, the requested "B-4" District is an expansion of the "g-4" District to the southeast. The approval of the "B-1" District on Tract 2 is supported as a transitional buffer area to the "R-1B" District to the north and east. Access along West Point Road will limit traffic traversing the "R-lB" District uses to the east. Agenda Memorandum Case No. 0204-02 (Soroush Farahnakian) Page 2 Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the eighteen (18) notices mailed to the surrounding property owners, one (1) was returned in favor and none were returned in opposition. The owner of the subject property submitted a notice in favor. The 20% rule is not invoked. This case is considered noncontroversial. l ssistant Directo: ~g; DA~vCe~o;men4~t Se~es BABfFGM/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~PLN-DIR~ERMAXWO RDXAGENDMEM~2004\0204-02AGEN DAMEMO.DOC C'rTY COUNCTL ZONI'NG REPORT Case No.: 0204-02 Planning Commission Hearing Date: February 11, 2004 Applicant: Soroush Farahnakian Owner: D.W. Grant Jr. and Betty Armstrong Agent: Bill Ward Property Area: Baldwin-Moore Farm Lots, bound by South Padre Island Drive, West Point Road and Friendship Drive (formerly Bush Drive) From: "B-I" Neighborhood Business District Tract 1 and "R-lB" One-family Dwelling District Tract 2 To: "B-4" General Business District - Tract ! and "B-I" Neighborhood Business District - Tract 2 Area: Tract 1 - 2.669 acres Tract 2- 0.620 acres Total Area- 3.289 acres Purpose of Request: Tract 1- Proposed for development as an auto sales use. Tract 2- Proposed for development as a commercial store. Zoning Land Use Site "R-lB" and "B-I" Undeveloped North "R-lB" & "B-I" Undeveloped and single-family residences Districts South "I-2" District Undeveloped and Expressway area East "R-lB" & "B-4" Single-family residences, church and church Districts community center West "I-2" District Undeveloped and Expressway area Zoning Report Case No. 0204-02 (Soroush Farahnakian) Page 2 Staff's Summary: The applicant has requested a change of zoning from a"B-l" Neighborhood Business District to a "B-4" General Business District on Tract 1 and from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District on Tract 2. TRACT 1 The intended plan for Tract 1 is the development of an auto sales use. Specific development plans were not available. The subject property consists of 2.669 acres with direct access to South Padre Island Drive frontage road and West Point Road, a collector. Access along Friendship Drive, a local street, would not be allowed for commercial development on Tract 1. As stated in the driveway ordinance, when access to a commercial use can be provided along an expressway frontage road, an arterial or a collector street, driveway access along local streets is prohibited. Per the ITE Trip Generation Manual, auto sales typically generate 47.91 average weekday daily trips per 1,000 square feet of gross floor area of building sales/repair areas. South Padre Island Drive frontage road and West Point Drive are designed to handle traffic fi'om higher intensive uses like that of auto sales. North of Tract 1 is undeveloped B-I" District property and "R-lB" District property developed with single-family residences. To the south a nd w est i s South Padre Island Drive t hat h as adjacency t o undeveloped "1-2" District property. Development east of the subject property consists of a "R-lB" District area developed as a church and a"B-4" District area developed with the church community center. TRACT 2 Tract 2 is intended for development as a commercial store. Specific development plans were not available. The subject property consists of 0.620 of an acre and is located at the southwest comer of West Point Drive and Friendship Drive. As stated in the driveway ordinance, access to Friendship Drive, a local street, would be prohibited, but allowed along West Point Road, a collector street. Traffic generated by the intended commercial store, (i.e. a convenience store) typically generates 737.99 average weekday daily trips per 1000 square feet of gross floor area of the building. West Point Road, a collector and the connecting South Padre Island Drive frontage road are designed to handle this volume of traffic. North of Tract 2 is undeveloped "B-I" District property and "R-lB" District property developed with single-family residences. To the south and west are undeveloped "B-I" District areas. East of the subject property are vacant residential lots and a church zoned a "R-lB" District and a "B-4" District developed with the church community center. Approval of the "B-4" District for Tract 1 is supported due to the availability of access along South Padre Island Drive frontage road. Additionally, the requested "B-4" District is an expansion of the "B-4" District to the southeast. The approval of the "B-I" District on Tract 2 is supported as a transitional buffer area to the "R-lB" District to the north and east. Access along West Point Road will limit traffic traversing the "R-lB" District uses to the east. Zoning Report Case No. 0204-02 (Soroush Farahnakian) Page 3 ~ .~- Area Development Plan: Westside ADP ~ Map: IlaA ~ j Zoning Violations: None Street Type Paved Section Volume South Padre Island Drive Expressway 400' ROW w/ 200' Bk. to 53,691 (frontage road area) Bk. v.t.e. (Planned - Same) West Point Road Collector 60" ROW w/40'Bk, to Bk. 3,784 (Planned -Same) v.t.e. Friendship Drive Local 50" ROW w/28' Bk. to Bk. N/A The requested zoning is supported by policies of the Comprehensive Plan that encourage commercial development along non-local streets. Approval of the "B-4" General Business District on Tract 1. Approval of the "B-1" Neighborhood Business District on Tract 2. © Approval of the "B-4" General Business district on Tract 1. Approval of the "B-I" Neighborhood Business District on Tract 2. Attachment: Zoning map H :/,P LN - D IR\E RM A~,WOR_DkZON RP TS~2004\0204 -02 CC ILEPORT DOC ~ 18 6 4-a Case 70204-02 Not,co Map Planning Comrmssion Minutes February 11, 2004 ZONING New Zon~g 0204-02 - Soroush Farahnakian: REQUEST: "B-I" Neighborhood Business District and "R-lB" One-family Dwelling District to "B4" General Business Dista'ict on Tract I and "B-I" Neighborhood Business District on Tract 2 on property bound by South Padre Island Drive, West Point Road, and Friendship Drive (formerly Bush Drive). Ms. Goode-Macon provided a computerized slide illustration of the subject property and its surrounding area. (Zomng Report on File) She stated there were 18 notices were mailed of which one was received in favor and none were received in opposition. Chairman Berlanga opened the public hearing. Bill Ward, 25 Hewitt, real estate broker, stated that the buffer between the "BM" General Business District and the residential property would be "B-I" Neighborhood Business District. Bill Ferguson, 3202 Roscher, real estate broker, stated that the current property is being used as a dump site. He added that the intersection has offramps from the expressway. Mr. Ferguson added that the proposed auto sales use is a natural use for the property. Public hearing was closed. Subsequent discussions regarding driveway access on Friendship Drive clarified that a driveway would not be requested by the applicant. Staffwill review the driveway ordinance to determine if a driveway is or is not allowed. Motion by Salazar, seconded by Stone, to forward a recommendation for approval. Motion passed with Richter being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOROUSH FARAHNAKIAN BY CHANGING THE ZONING MAP IN REFERENCE TO BALDWIN-MOORE FARM LOTS, PORTION OF LOT 2 VOLUME "A", PAGE 50 FROM "B-I" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 AND FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 2; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Soroush Farahnakian for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 11, 2004, during a meeting of the Planning Commission, and on Tuesday, March 23, 2004, 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 has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on a portion of Lot 2, Volume "A", Page 50, Baldwin- Moore Farm Lots, bound by South Padre Island Drive, West Point Road and Friendship Drive (formerly Bush Drive) from "B-l" Neighborhood Business District to "B-4" General Business District on Tract 1 and from "R-lB" One-family Dwelling District to" "B-I" Neighborhood Business District on Tract 2, as shown an the attached Exhibit A. (Map 114A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIR~JOSEPH~ZONING-04\0204-02REGULAR.DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 23rd day of March, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /M~...z. Joseph I~arney ~' Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING-04\0204-02REGULAR.DOC Page 3 of 3 Corpus Christi, Texas __day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respecfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DtR\JOSEPH~_ONING-04\0204-02REGULAR.DOC FRQ~t lc' A,R~ LnT~ SO0"' 00' 00' V 344. 49' N29'51'17'~,~/*~.60'- T¼ACT I B-4 Z~NING TRACT 2,1669 AC, NO0"O0' O0'E 18:0. 01' TRACT B-1 ZONING TRACT 6~0 AC, O. · ~ ~AL~W I N-MOORE ~ FArM LOT~ (FD~RLY ~U~H D~. EXHIBIT ~K£TCH TD ACCDN~ANY METES AND BOUNDS DESCRIPTION D,a~'c: AND ~l. DM CORPU~ CHRIS, COMP. ~. ~-ZON~ 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Convention and Visitors' Bureau, Quarterly Presentation STAFF PRESENTER(S): Name Title/Position Department 1. George K. Noe 2. 3. City Manager City Manager OUTSIDE PRESENTER(S): Name Title/Position Or.qanization 1. Tom Galyon 2. Dave Prewitt President and CEO, Corpus Christi Convention and Visitors' Bureau Chairman, Corpus Christi Convention and Visitors' Bureau Board of Directors ISSUE: Quarterly Presentation BACKGROUND: None REQUIRED COUNCIL ACTION: None Additional Background [] Exhibits [] (D,~ a~ment Head Signature) \� Let, \AA r° F r/A t AV �rJeA :X•M■■| � , ahr.710 . ■ .4 AO' 40' Streamlining Operations Office Facilities/Employee Programs • Updated Server and Computers (through City Resources) • Savings on Employee Insurance and Benefits Plans (through City Resources) Pending: • Telephones Cellular Service — Pending additional City research Streamlining Operations Personnel • Re -assessed Sales Functions/Strategies/Goals • Merged Convention Sales and Tourism Sales • Re-evaluated Staff Skills and Abilities • Re -aligned Staff Structure Staff Chart A Executive Assistant Receptionist Kathy Reyes Casa Herera irector Dir. Visitor/Media Dir. Marketing! alionSales Services Communications Kim Lemley Carol Dunton Sales Manager Destination ri? Associations Services Lou Garda Wete Holcomb Sales Manager Convention --[!SME SME RF Housing _ __ _ __ _ C Ekna Ramirez LI Dpyyptpyeyl I Association I _ I Sales I Sales Manager Visitor -------- ToulEcoTour.Pkgs Centers IH 37 f-------� Jana Mardender Kari King I Sports Market I — Padrelsland I Sales I Telemarketing -------� Tracyc"mos ?J!!/2004 www.corpuschristicvb.com New and Improved Website •Quick and Easy Navigation *Online Travel Packages - Family Fun Getaway - Romance Package - Eco -Tourism Excursion - Featured Event Package *Online Discount Coupons •Searchable Calendar of Events •Interactive Maps •Click and Save Itinerary 2004-2005 Marketing Plan Teta* MadaC Aeeoti%6DD Rrtiomle: Corps a" is idsslly loafed r aoanrtiod dfe wltb new1Y DS-Doatieati expended conveown arta and aar V3-YWOor 3 E*oMd O*c": Geoaste visitation do baw shown pof "for mw budnm P L --T0 m Uwe for FY 7AO W5 3nataais Tactla Dept. 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TX 49.11 50.8 _ 3.3 79.79 64.12 24.4 39.211 32.541 20.5 23.1 2.2 -1.1 milre pr: Publication San Antonio Express News Guide to San Antonio August 7, 2003 Texas Travel Industry Newspaper Insert September 7, 2003 San Antonio Express News Fun Guide March 7, 2004 Texas Travel Industry Newspaper Insert April 4, 2004 Texas Monthly May 2004 Outdoor Billboard Campaign November 03 — July 04 Beach to Bay Guide Value CVB Expense $17, 941 $3,341 $48, 370 1 $15,449 $10,378 1 $3,038 $65,500 1 $18,788 $28,610 1 $11,100 $192,000 * 1 $63,210 $49,500 1 $0 Total 1 $412,299 1 $114,926 Advertising Texas Travel Industry Association Newspaper Insert — April 4 yy� e f To '►S1/ IYL avfS*i i� �a.h�+�mY�ta.�uW Kruo��,gY.�Yr1.ra1.r�suF.�Wr.rY•.1sh�'ebw."�n�eYe"rlaabY.b+bd�tls .rm � •ww9YVwrWY.lbehlWaaib.9'mtlP3o0.domn1bsel..Nmrfmdl[aMtS¢�Nml.t0PYIy .q14Yodv+lq.v..Y.1Ih.m.krr/m4fnYPtea.PrYters. tYxsPOwra..N�mp.bs.61l4mW State tatev®.mr.wY:pp qt ., Y-evkawVm -t h. 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Pe.mrmb4m Ywlsm� emar.b W Pkrmnmw emaOY afsYMb P rMsws P w w...�h�k.r.sw CCVPL,5 CLVI-,ti NU[el ferbwOmiCPpwOae Hotl.. i.$)Ymy MAfi.rdme meer®s ssmm.wf.®w.umm hYrwom,w. wml..bralf Mwbw.Ym Ya.m.boryyorlW Yw bfa ..gYd110RPYd.. w+Lum IYY'Q 64..wh6meAw v.Ym me hYvexh.O vrhwumv O.Y nvm pi m).Yv Yre WehW WmtlmamWFinaPs..iY61e 011 %til-lef 0. f YTptlfll w w6 m Y bPY.m.hbY.rmY Advertising Texas Monthly — May a fYyMdock,there's something 'to dd for Mryorr In Corpus Christi. TeXaS State PjAmf M I>rtmesr..Mmd. p dv yd— pes,Aom d wn.l llmvr.. r. • W d. m' eQe� vll MubG ®p.yv,Uet Sar Aprr�WitlrN m.d�murdbyrr j..eey', flimvddyvo. W dak a Ypathd ,.ralaa..some.IWr. wr. w r otl: oAJur,ml ppm d+r m Cap. ad. amm wl a ....r.+rn+w..r adl oaraus. Radis5cl& Bead, NUtef lfic P.9ru Bsf FIorLCup. C:itimmarpm. mgmda4..dA�ptlY lna.ld �. Wl11e A:Rq; ar plm a'p Qi fir lir W. fiwfi v yrs. P MI ..p.Eo.OwtreOrYley�mmc Wn'dCa@a CYhtl e.y. 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J.YmaiwrPM 11�afbp.tiW bme6a Yew wy.awN�.fv�oi pdarpmi blaYm W. v drMi61M � Advertising Database tracking system More efficient use of website (e -marketing) Visitor Request rnuurunnu i mcrnac enoum Information Form Billboard (enter location In comments) 1-800-801-0474 1-800-801-1847 1-800-801-4428 1-600-801-4855 1-800-601-8257 1-800-801-8486 1-800-801-9013 Advertising j� Ad/Romo Source - Monthly Report r oRe luax° Downtown Visitor Center :ONVENTION 8 VISIT015 BUREAU State Arae Code Zip Coda email 3/42004 BLOOMINGTON MN F— 53437 i3/�00! DEERWOOD MN F-- 5&44 email j342004 MOUNTPROSPECT IL F GMW email 3!!200! AMARILLO FTX F 79101 ;email Iwai! 3/!2004 3/1!2004 IASVEGAS PORT ISABEL FW— FT F—,89117� 7251 r :78578 emnl small 3/42004 -1200! 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"C'�'�z 1YPe�•'�i"�Y�IP Co w"Mon sYuvey iSuak you iw Chooapq �'orpus 'teu4 u a mq�ng desM�hpn IA order to fw Aw the IuhrR ttmded of s9mce fu nu w2tw$. we x Wd appoca a yaa vayoed comments oa yow WoWs aver v aCwpw Chna L Orgmtsanon Natne 2. MestnY Nxnc 3. M"U4 DUN 4. Coarct & Contact`s Final Address Convention Services Online Housing Submissions CONVENTION i VISITORS BUREAU CVfi Housing Department Science Teacbers Association of Texas Cast 20114 Corpus Chnsu, TX - Novcmber 4-6, 2004 0VsswsaonC%0A fDW: Orlobu 11.204 Hotel Ckeieez and Rates: Ba. s: "5, DSS. T-6125.04133 MesiM s:"5."J9 T -$W.04135 geode [sm N cS�t69, D�fSp. T�6t9, 1P9 alids ImprusldBeeca a.9�693,D4pS,T�695, S ' sem : S4W. D-, Tr396, st Weslem/d�meQ®d s: S4", M79. T -W, Intd4 Butes s:3-Id0, D-idD. T-660. BaM sre aiJeA M s !S!a eaeprtte� tt Rank hotel choice and rate, according to preference, in the dialogue box below. Separate each choice with a conxna Exsmpk'. Omm SayBont D, Radisson D. etc. Arrival Date.I Deputm Date:I Number of Addx Number of Chd4m Convention/Visitor Services • New Convention Services - Restaurant Reservation Booth for City-wide - PC Name Badge Program — City-wide on-site - Large Welcome Posters Downtown for City-wide • Hospitality Training Program (under development) • Online Convention Service Center Media Relations Film Liaison Current Projects: • "The King" — Feature film with one week of filming in Corpus Christi • Univision -Dallas — will film a vacation options segment during the week (late March — early April) highlight Corpus Christi as a vacation destination • BBCNY for The Learning Channel — "While You Were Out" airs Mid -April 24 CITY COUNCIL AGENDA PRESENTATION MEMORANDUM March 23, 2004 AGENDA ITEM: Presentation of 2nd Quarter FY2003-04 Budget/Performance Report STAFF PRESENTER(S): Name Title/Position Department 1. Mark L. McDaniel Assistant City Manager- Support Svces. 2. Debbie Marroquin Acting Director - Office of Management and Budget ISSUE: The 2nd Quarter Report for the period ended January 31,2004 has been completed and will be formally presented for Council review. REQUIRED COUNCIL ACTION: No formal action is required. Acting Director of Management and Budget 2ND Quarter Report under separate cover X 25 CITY COUNCIL AGENDA MEMORANDUM March 23, 2004 AGENDA ITEM: Resolution approving the resolution authorizing the issuance of bonds by the Corpus Christi Business and Job Development Corporation and the execution of a sales tax remittance agreement, a project agreement, and a bond purchase agreement with respect to the Baseball Stadium Project. ISSUE: On November 5, 2002, the voters of Corpus Christi authorized a 1/8 cent 4A Sales Tax with a specific authorization for construction of a minor league baseball stadium. The Corpus Christi Business and Job Development Corporation Board will be approving the resolution authorizing the issuance of bonds for the Baseball Stadium Project on Monday, March 22, 2004. REQUIRED COUNCIL ACTION: City Council approval of the Resolution approving the Resolution authorizing the issuance of bonds by the Corpus Christi Business and Job Development Corporation and the execution of a sales tax remittance agreement, a project agreement, and a bond purchase agreement with respect to the Baseball Stadium Project. PREVIOUS COUNCIL ACTION: In the November 5, 2002 election, Corpus Christi voters approved the 1/8 cent sales tax for economic development with a specific authorization for construction of a minor league baseball stadium. On February 24, 2004, the City Council approved the Stadium Lease Agreement with Round Rock Baseball, Inc. for relocation of a AA minor league baseball team affiliated with a major league baseball team to Corpus Christi, where by the City would construct a baseball stadium. RECOMMENDATION: City Staff recommend approval of the Resolution approving the Resolution authorizing the issuance of bonds by the Corpus Christi Business and Job Development Corporation and the execution of a sales tax remittance agreement, a project agreement, and a bond purchase agreement with respect to the Baseball Stadium Project. Attachments: Background Information Cindy O'Briq~/ Director of Financial Services BACKGROUND INFORMATION On November 5, 2002, the voters of Corpus Christi authorized a 1/8 cent 4A Sales Tax with a specific authorization for construction of a minor league baseball stadium. On February 24, 2004, the City Council approved the Stadium Lease Agreement with Round Rock Baseball, Inc. for relocation of a AA minor league baseball team affiliated with a major league baseball team to Corpus Christi, where by the City would constxuct a baseball stadium. The following documents provide useful information relating to the Baseball Stadium Project: · TheBond Issue · The Stadium · Project Budget · Baseball Construction Project Timeline · Cash Flow · Source and Use of Funds · Bond Debt Service · Sales Tax Revenue Bonds Tentative Timetable of Events · Resolution · Sales Tax Remittance Agreement · Project Agreement · Bond Purchase Contract I THE BOND ISSUE Issuer - The Corpus Christi Business and Job Development Corporation, created on September 27, 2000, by the City of Corpus Christi, Texas. Issue and Date - $25,340,000 Corpus Christi Business and Job Development Corporation Sales Tax Revenue Bonds, Series 2004 (Baseball Stadium Project). Bonds dated April 1, 2004, but interest will accrue from the date of initial delivery of the bonds to underwriters. Use of Proceeds - To provide funds to: (1) finance the acquisition of land and the construction of the baseball stadium located in the City, (2) fund certain reserve and contingency accounts, and (3) pay the costs of issuance of the bonds. THE STADIUM Architect: · HKS, Inc. headquartered in Dallas, Texas - Previous experience includes: SMU's Moody Coliseum in Dallas American Airlines Center in Dallas Miller Park-home of the Milwaukee Brewers Baseball Club in Milwaukee, Wisconsin Upgrades to Comiskey Park-home of the Chicago White Sox Disney's Wide World of Sports in Orlando, Florida - The Ballpark in Arlington-home of the Texas Rangers - The Dell Diamond-home of the Round Rock Express Contractor: · Fulton Coastcon and Hunt - Joint Venture · Construction Manager (CM) at Risk Parking: · 300 on-site staff/VIP parking spaces · 1,500 off-site parking spaces THE STADIUM - CONTINUED Seating: • Over 5,000 lower level seating • 16 luxury suites with seating for 200 • 250 seats in right field bleachers • Seating for 150 at tables on one patio party deck • Capacity for up to 2,000 on left and right field grass berms (for blankets and folding chairs) Special Features: • Children's interactive zone • Large LED Video Display Board (aka Jumbo Tron) • Swimming pool overlooking the outfield • Club bar • Beer garden Stadium opens spring 2005 PROJECT BUDGET iwL Stadium Bond Proceeds $ 24,755,924 Sales Tax Revenue 1,000.000 Total $ 25,755,9 PROJECT BUDGET - CONTINUED Dmolition S 484,000 Casncdon (Corcepnai Con Fst.) 18,90(,000 Addifiw Alter wNb. 1 136,147 Additive alamatire No. 2 147,761 Additive Alin No.3 588.244 Subtotal 872,152 Corsa non Contingencies(5.3%) 1,000,000 Dmgn Cols Am (Arch&igv ) 1,240,000 project Msegetmt 475,175 Nath Tarcahn Evasion (DmWi) 24805 Izrcl 1^000 Roadway hrPovarents 1,035,140 Stn:et uoug 64400 AEP l3wri al DstrbWm 9500 SBCTeLptom 10,000 Testing (Metriab &Qelty Control) 98,000 Geotodmial 33,400 An 187,500 emaromertalCkara= 13,554 Emruntim of Arch[eawal Barter Re 950 Nfcella as FVerees(Priming Adverts* fres% etc.) 2ZOOO Total 25,505,924 Reserves 254970 Taal i 25.7«924 FEBRUARY27 2001 BASEBALL CONSTRUCTION PROJECT TIMELINE Baseball Sletlum 1O 3 10 11 1Z 1 2 7 / 5 B 7 B 0 10 II 12 1 2 7 L mPM A05 Canita[ OCT, 1 Geo TttMlcal 11L7. m kn ConbaRAwanl itpy um at CM at Rbk i 1W.77 Delivey M FouWatbl Steel MIII 6 Pertntt Pians Se6 IIVt I Demdltlon Com bte �IWt 15 FWrkatbnB Stael SubcontrzcTol Bks I j.0 10o nset I I fIN.1 Sbn Fourkatkn Coro Wtlon I t O nSUEWntmclor Su Ilar Bks 11 ConeW nI ArAYti M0.1 Corpus Christi Business and Job Development Corporation Baseball Stadium Cash Flow Assumptions: Budgeted sales taxes (1/8%) FYE 7/31104 4,278,996 Bonds Dated 411104 Final Maturity 911117 City FYE 7131 Sales Tax Receipts Sales Tax Growth Sales Tax Revenue Bonds, Series 2004 Principal Interest(a) Total Debt Service Coverage Excess Pledged Revenues Less: Affordable Housing Available for Other Purposes Cumulative Balance %of Principal Retired 2004 4,278,996 - - - 4,278,996 4,278,996 4,278,996 2005 4,340,186 1.43% 1,645,000 617,428 2,262,428 1.92 2,077,758 500,000 1,577,758 5,856,754 2006 4,402,250 1.43% 1,550,000 712,263 2,262,263 1.95 2,139,988 500,000 1,639,988 7,496,742 2007 4,465,202 1.43% 1,575,000 688,025 2,263,025 1.97 2,202,177 500,000 1,702,177 9,198,919 2008 4,529,055 1.43% 1,605,000 657,785 2,262,785 2.00 2,266,270 500,000 1,766,270 10,965,189 2009 4,593,820 1.43% 1,640,000 621,253 2,261,253 2.03 2,332,568 500,000 1,832,568 12,797,757 31.63% 2010 4,659,512 1.43% 1,685,000 579,246 2,264,246 2.06 2,395,266 500,000 1,895,266 14,693,023 2011 4,726,143 1.43% 1,730,000 531,835 2,261,835 2.09 2,464,308 500,000 1,964,308 16,657,331 2012 4,793,727 1.43% 1,785,000 479,529 2,264,529 2.12 2,529,198 500,000 2,029,198 18,686,529 2013 4,862,277 1.43% 1,840,000 421,488 2,261,488 2.15 2,600,790 500,000 2,100,790 20,787,318 2014 4,931,808 1.43% 1,905,000 356,854 2,281,854 2.18 2,669,954 500,000 2,169,954 22,957,272 66.93% 2015 5,002,333 1.43% 1,975,000 286,503 2,261,503 2.21 2,740,830 500,000 2,240,830 25,198,102 2016 5,073,866 1.43% 2,050,000 211,015 2,261,015 2.24 2,812,851 500,000 2,312,851 27,510,953 2017 5,146,422 1.43% 2,135,000 130,433 2,265,433 2.27 2,880,990 500,000 2,380,990 29,891,943 2018 5,220,016 1.43% 2,220,000 44,400 2,264,400 2.31 2,955,616 500,000 2,455,616 32,347,559 100.00% 25,340,000 6,338,054 31,678,054 (a) Assumes average coupon of 3.43% Coastal Secunaes 3/N2004 Mar 2, 2004 11:17 am Prepared by Coastal Securities (Finance 5.000 Corpus Christi:CCBJD-04TXEX) Page 1 SOURCES AND USES OF FUNDS Corpus Christi Business & lob Devlp Corp Sales Tax Revenue Bonds (Tax -Exempt), Series 2004 Dated Date 04/27/2004 Delivery Date 04/27/2004 Sources Bond Proceeds: Par Amount 25,340,000.00 Other Sources of Funds: Existing Sales Tax Funds 1,000,000.00 26,340,000.00 Uses: Project Fund Deposits: Construction Fund 23,705,924.00 Land Purchase 1,800,000.00 Capital Reserve 250 000.00 25,755,924.00 Delivery Date Expenses: Cost of Issuance 215,000.00 Underwriter's Discount 169,724.50 Bond Insurance 126,71212 Reserve Fund Surety 71,216.27 582,652.99 Other Uses of Funds: Additional Proceeds 1,423.01 26,340,000.00 Mar 2, 2004 11:17 am Prepared by Coastal Securities (Finance 5.000 Corpus Christi:CCBJD-04TXEX) Page 2 BOND DEBT SERVICE Corpus Christi Business & Job Devlp Corp Sales Tax Revenue Bonds (Tax -Exempt), Series 2004 Dated Date 04/27/2004 Delivery Date 04/27/2004 Period Ending Principal Coupon Interest Debt Service 07/31/2004 07/31/2005 1,645,000 1.200% 617,427.67 2,262,427.67 07/31/2006 1,550,000 1.400% 712,262.50 2,262,262.50 07/31/2007 1,575,000 1.700% 688,025.00 2,263,025.00 07/31/2008 1,605,000 2.100% 657,785.00 2,262,785.00 07/31/2009 1,640,000 2.400% 621,252.50 2,261,252.50 07/31/2010 1,685,000 2.650% 579,246.25 2,264,246.25 07/31/2011 1,730,000 2.900% 531,835.00 2,261,835.00 07/31/2012 1,785,000 3.050% 479,528.75 2,264,528.75 07/31/2013 1,840,000 3.350% 421,487.50 2,261,487.50 07/31/2014 1,905,000 3.550% 356,853.75 2,261,853.75 07/31/2015 1,975,000 3.700% 286,502.50 2,261,502.50 07/31/2016 2,050,000 3.800% 211,015.00 2,261,015.00 07/31/2017 2,135,000 3.9000/. 130,432.50 2,265,432.50 07/31/2018 2,220,000 4.000% 44,400.00 2,264,400.00 25,340,000 6,338,053.92 31,678,053.92 CITY OF CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS (BASEBALL STADIUM) SERIES 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 5 6 78 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ACTION Feb rva 2004 Distribute completed draft of Preliminary Official Statement and Financing Documents to Working Group, Rating Agencies and Bond Insurers UNC, FA, BC S M T W Th F1 S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 24 25 26 27 28 29 CITY OF CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS (BASEBALL STADIUM) SERIES 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 5 6 78 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DATE ACTION Ma 2004 Distribute completed draft of Preliminary Official Statement and Financing Documents to Working Group, Rating Agencies and Bond Insurers UNC, FA, BC S M T WI Th I F I S Receive Ratings. Receive Insurance Commitments. Print and mail (electronic distribution) Preliminary Offering Document FA, CC, BC, UN, UNC Monday, March 22 Corporation adopts Resolution for Parameter Sale, delegates pricing to Executive Director and approves Preliminary Official Statement (2:00 .m.) Corp. Tuesday, March 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DATE ACTION RESPONSIBILITY Friday, February 27 Distribute completed draft of Preliminary Official Statement and Financing Documents to Working Group, Rating Agencies and Bond Insurers UNC, FA, BC Wednesday, March 3 Mood 's Investors Service site visit to Corpus Christi March 10-12 Rating Agency & Insurance meetings in NY CC, FA, BC, UN Friday, March 19 Receive Ratings. Receive Insurance Commitments. Print and mail (electronic distribution) Preliminary Offering Document FA, CC, BC, UN, UNC Monday, March 22 Corporation adopts Resolution for Parameter Sale, delegates pricing to Executive Director and approves Preliminary Official Statement (2:00 .m.) Corp. Tuesday, March 23 Council approves Preliminary Official Statement and Parameter Sale (9:00 a.m.) CC Wednesday, March 31 Pre -pricing Discussions FA, UN Thursday, April 1 Bond Pricing FA, UN, CC, Corp. Friday, April 2 Bond Counsel files transcripts with Attorney General BC, UN Monday, April 12 Print and mail Final Official Statements FA, BC, UNC, UN Saturday, April 24 60 -day Lease petition period expires Sunday, April 25 Lease becomes effective 61 days after second reading Monday, April 26 1 Pre -Closing WG Tuesday, April 27 1 Closing WG Financing Team Members: CC — City of Corpus Christi FA — Financial Advisor BC — Bond Counsel UN — Underwriters Corp — Business & Job Development Corp. UNC — Underwriter's Counsel WG — Working Group RESOLUTION APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE EXECUTION OF A SALES TAX REMITTANCE AGREEMENT, A PROJECT AGREEMENT, AND A BOND PURCHASE AGREEMENT WITH RESPECT TO THE BASEBALL STADIUM PROJECT WHEREAS, Corpus Christi Business and Job Development Corporation (the "Corporation") was created under the auspices of the City of Corpus Christi, Texas (the "City"); 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 Resolution and made a part hereof for all purposes, is hereby approved, and sales tax revenue bonds in the principal amount not to exceed $27,000,000 (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") for use by the City, which Project is in compliance with the Development Corporation Act of 1979 as amended; and said Resolution, Bonds and Project are hereby approved. Section 2 The "Sales Tax Remittance Agreement," in substantially the form and substance as attached hereto and made a part hereof for all purposes, is hereby approved and the City Manager and the City Secretary are hereby authorized to execute, attest, seal and deliver the Sales Tax Remittance Agreement between the City and the Corporation. Section 3. The "Project Agreement" between the City and the Corporation, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved and the City Manager and the City Secretary are hereby authorized to execute, attest, seal and deliver the Project Agreement. Section 4. The "Bond Purchase Agreement" between the Corporation and the underwriters named therein, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO 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 23RD DAY OF MARCH, 2004, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Samuel L. Neal, Jr. : Brent Chesney, : Javier D. Colmenero, : Henry Garrett, : Bill Kelly, : Rex Kinnison, : Melody Cooper, : Jesse Noyola, : Mark Scott : George K. Noe, : Mary Kay Fischer, : Cindy O'Brien, : Armando Chapa, : Mayor Councilmembers City Manager, City Attorney, Director of Fiscal Services, City Secretary and all of said persons were present, except the following absentee: , 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 CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE EXECUTION OF A SALES TAX REMITTANCE AGREEMENT, A PROJECT AGREEMENT, AND A BOND PURCHASE AGREEMENT WITH RESPECT TO THE BASEBALL STADIUM PROJECT was duly introduced for the consideration of said City Council and read in 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 carried by the following vote: AYES: NOES: 2. That a tree, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in 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 of the 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 23rd day of March, 2004. City Secretary SEAL RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS; AND APPROVING AND AUTHORIZING THE EXECUTION OF A SAI .ES TAX REM1TFANCE AGREEMENT, A PROJECT AGREEMENT AND A BOND PURCHASE CONTRACT AND OTHER MATTERS RELATED TO THE ISSUANCE OF THE BONDS THE STATE OF TEXAS CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION § WHEREAS, at an election held on November 5, 2002 (the "Election"), a majority of the citizens of the City of Corpus Christi, Texas (the "City") voting at the Election authorized the City to levy a sales and use tax on the receipts at retail of taxable items within the City at a rate of one- eighth of one percent for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years from April 1, 2003 (the "Economic Development Sales Tax"); and WHEREAS, at the Election, the citizens of the City approved a proposition that authorized the use of a portion of the Economic Development Sales Tax for the construction, operation and maintenance of a minor league baseball stadium (the "Baseball Stadium"); and WHEREAS, in the proceedings calling the Election, the City made the following findings with respect to funding the Baseball Stadium from revenues generated by the Economic Development Sales Tax: funds could be used for the construction, operation and maintenance of a Baseball Stadium in the Arena/Convention Center/Port Area of Corpus Christi area (the area bounded by the Corpus Christi Ship Channel, Corpus Christi Bay, Interstate Highway 37, and Nueces Bay Boulevard, and hereinafter referred to as the "Area") . . . construction of the stadium shall not be commenced unless a binding contract is first entered into with an entity that: a) owns a minor league baseball team affiliated with a major league baseball team, b) has the right to locate such team in the Area, and c) is obligated under the contract to lease the new stadium and locate the team in the new stadium; and WHEREAS, the City Council of the City levied said sales and use tax pursuant to an ordinance adopted on November 12, 2002, and the collection of said sales and use tax commenced on April 1, 2003; and WHEREAS, on February 24, 2004, the City entered into a binding contract with Round Rock Baseball, Inc. (the "Baseball Team"), evidencing that the Baseball Team owns and has the right to locate a minor league baseball team affiliated with a major league baseball team in the Area and is obligated to lease the Baseball Stadium to be constructed in the Area and to locate said minor league baseball team in the Baseball Stadium; and WHEREAS, in the ordinance of the City approving the aforesaid contract, the City Council made findings to the effect that the development of the Baseball Stadium was consistent with the propositions approved at the Election, and the Baseball Stadium would foster and encourage economic development within the City; and WHEREAS, pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, V.A.TCS, as amended (the "Act"), particularly Section 4A thereof, the City created the Corpus Christi Business and Job Development Corporation (the "Issuer"), a nonstock, nonprofit industrial development corporation created to act on behalf of the City to satisfy the public purposes set forth in the Act, specifically the purpose of promoting and encouraging employment and the public welfare, and the undertaking of certain public improvements in accordance with the Act; and WHEREAS, the Board of Directors of the Issuer finds it necessary and advisable to authorize the issuance of the hereinafter described bonds for the purposes hereinafter described. THEREFORE, BE iT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THAT: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bonds of the Issuer are hereby authorized to be issued and delivered in the aggregate principal amount not to exceed $27,000,000 for constructing, operating and maintaining, or causing to be constructed, operated and maintained a project, to-wit: the Baseball Stadium, and other Costs associated therewith, all as described in the Project Agreement, for the specific purpose of the promotion and encouragement of employment and the public welfare. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Resolution shall be designated: "CORPUS CHRISTI BUS1NESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE BOND, SERIES 2004 (BASEBALL STADIUM PROJECT)", and there shall be issued, sold, and delivered hereunder fully registered bonds, without interest coupons, in the denomination of $5,000 each or any integral multiple thereof, numbered consecutively from R- 1 upward, payable to the initial registered owner thereof designated in Section 30 of this Resolution, or to the registered assignee or assignees of any of said bonds (in each case, the "registered owner"), and payable serially or otherwise on the dates, in the years and in the principal amounts, respectively, and dated, all as set forth in the Purchase Agreement. The term "Bonds" as used in this Resolution shall mean and include collectively the Bonds initially issued and delivered pursuant to this Resolution and all substitute Bonds exchanged therefor, as well as all other substitute Bonds and replacement Bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. 2 Section 3. INTEREST. The Bonds shall bear interest calculated on the basis of a 360-day year composed of twelve 30-day months from the dates specified in the FORM OF BOND to their respective dates of maturity at the rates set forth in the Purchase Agreement. Interest on the Bonds shall be payable on the dates as set forth in the Purchase Agreement, until the maturity or prior redemption of the Bonds. Section 4 CHARACTERISTICS OF THE BONDS (a) Regtstration and Transfer. The Issuer shall keep or cause to be kept at the principal corporate trust office in Dallas, Texas (the "Designated Trust Office") of JPMorgan Chase Bank (the "Paying Agent/Registrar"), books or records for the registration of the transfer and exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. To the extent possible and under reasonable circumstances, all transfers of Bonds shall be made within three business days after request and presentation thereo£ The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for exchange or transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. A form of assignment shall be printed or endorsed on each Bond which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for exchange or transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such exchange or transfer in the Registration Books, and shall make notation of such exchange or transfer in the Assignment section appearing on each Bond to the assignee. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery but the one requesting exchange or such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make exchange or transfers of registration of any Bond or any portion thereof(i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. As used herein, the term "Record Date" shall mean the 15th day of the month preceding an interest payment date. 3 (b) Ownership of Bond& The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Resolution, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid (c) Payment of Principal of Bonds and Interest The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Resolution. The Paying Agent/Registrar shall keep proper records ofall payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all transfers and exchanges of Bonds, and all replacements of Bonds, as provided in this Resolution. (d) Replacement of Bon~'; Authentication. Each Bond issued and delivered pursuant to this Resolution may be replaced as provided in this Section and Section 25 of this Resolution. If any Bond is replaced, the substitute Bond issued in replacement for such Bond thereof shall be in the denomination of any integral multiple of $5,000 and have a principal maturity date corresponding to the maturity date of the principal of the Bond it is replacing; and each such Bond shall bear interest at the rate applicable to and borne by the Bond it is replacing The Paying Agent/Registrar shall replace Bonds as provided herein, and each fully registered bond delivered in replacement of any Bond as permitted or required by any provision of this Resolution shall constitute one of the Bonds for all purposes of this Resolution, and may again be replaced. Each Bond issued and delivered pursuant to this Resolution is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each Bond issued in replacement of any Bond or Bonds issued under this Resolution, there shall be printed a "PAY1NG AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE" (the "Authentication Certificate"), in substantially the form set forth in Section 5 of this Resolution An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the Authentication Certificate, and no such Bond shall be deemed to be issued or outstanding unless the Authentication Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds, if any, surrendered for replacement. No additional resolutions, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Chapter 1206, Texas Government Code, the duty of replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the Authentication Certificate, the substitute Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bond which originally was issued pursuant to this Resolution, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (e) In General. The Bonds originally issued hereunder and all Bonds issued in replacement of any Bond (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be exchanged for other Bonds (iv) may be transferred and assigned, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND. (f) Payment of Fees and Charges The Issuer hereby covenants with the registered owners of the Bonds that it will pay the reasonable standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due. (g) Substitute PayingAgent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Resolution, and that the Paying Agent/Registrar will be one entity. At the time of its appointment, any successor Paying Agent/Registrar shall have a capital stock and surplus aggregating not less than $25,000,000. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Resolution. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Resolution, and a certified copy of this Resolution shall be delivered to each Paying Agent/Registrar. (h) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and except as provided in Section 30 hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf 5 DTC was created CDTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy o£the records o£DTC, Cede & Co or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest on the Bonds. Notwithstanding any other provision of this Resolution to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for ail other purposes whatsoever. The Paying Agent/Registrar shall pay ali principal of and interest on the Bonds only to or upon the order of the registered owners, as shown in the Registration Books as provided in this Resolution, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a Bond certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Resolution Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Resolution with respect to interest checks being mailed to the registered owner at the close of business on the Record date, the words "Cede & Co." in this Resolution shall refer to such new nominee of DTC. (i) Successor Securities Depository; Tranafers Outside Book-Entry Only System In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as_such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Resolution. (j) Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. Section 5. FORM OF BONDS. The form of all Bonds issued pursuant to this Resolution, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to appear on the Bonds originally issued hereunder, the form of the Authentication Certificate to be printed on each Bond, and the Form of Assignment to be printed on each Bond, shall be, respectively, substantially as set forth in Exhibit A attached to this Resolution, with such appropriate variations, omissions, or insertions as are permitted or required by this Resolution and the Purchase Agreement. Section 6. DEFINITIONS As used in this Resolution, the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: "Act" shall mean the Development Corporation Act of 1979, Article 5190.6, V.A.T.C.S., as amended. "Additional Bonds" shall mean the additional parity revenue bonds which the Issuer reserves the right to issue in the future in accordance with Section 22 of this Resolution. "Authorized Investments" means any and all of the authorized investments described in the Investment Act, provided that such investments are at the time made included in and authorized by the City's official investment policy approved from time to time by the City Council. "Board" shall mean the Board of Directors of the Issuer. "Bond" or "Bonds" shall mean the Corpus Christi Business and Job Development Corporation Sales Tax Revenue Bonds, Series 2004 (Baseball Stadium Project), in the aggregate principal amount of $ ., authorized to be issued by this Resolution. "City" shall mean the City of Corpus Christi, Texas, "Code" shall mean the Internal Revenue Code of 1986, as amended. "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas, and any successor official or officer thereto. "Cost" shall mean with respect to the Project, the cost of acquisition, construction and improvement of the Project as provided in the Act, including, without limitation, the cost of the acquisition of all land, rights-of-way, property rights, easements, and interests, the cost of all machinery and equipment, financing charges, interest during construction, necessary reserve funds, cost of estimates and of engineering and legal services, plans, specifications, surveys, estimates of cost and of revenue, other expenses necessary or incident to determining the feasibility and practicability of acquiring, constructing, reconstructing, improving, and expanding any such Project, administrative expense, and such other expense as may be necessary or incident to the acquisition, construction, reconstruction, improvement, and expansion thereof, the placing of the same in operation, and the financing of the Project. "Credit Facility" means (i) a policy of insurance or a surety bond, issued by a bond insurer or an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations, provided that a Credit Rating Agency having an outstanding rating on Parity Bonds would rate the Parity Bonds fully insured by a standard policy issued by the issuer in its highest generic rating category for such obligations; and (ii) a letter of credit or line of credit issued by any financial institution, provided that a Credit Rating Agency having an outstanding rating on the Parity Bonds would rate the Parity Bonds in its two highest generic rating categories for such obligations if the letter of credit or line of credit proposed to be issued by such financial institution secured the timely payment of the entire principal amount of the Parity Bonds and the interest thereon. "Credit Rating Agency" means any nationally recognized municipal securities rating service from whom the Issuer seeks and obtains a rating on any issue or series of Parity Bonds. "Defeasance Securities" means (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations ora state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the Board adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. "Depository Bank" shall mean the official depository bank of the City. "Economic Development Sales Tax" shall mean the one-eighth of one percent sales and use tax authorized at the Election for the Project and levied by the City within the boundaries of the City as they now or hereafter exist, together with any increases in the aforesaid rate if provided and authorized by the laws of the State of Texas, including specifically the Act, and collected for the benefit of the Issuer and the Project, all in accordance with the Act, including particularly Section 4A thereof. "Election" shall have the meaning given said term in the preamble to this Resolution. "Fiscal Year" shall mean the fiscal year of the Issuer, being the twelve month period ending July 31 of each year. "Investment Act" shall mean the Public Funds Investment Act of 1987, Chapter 2256, Texas Government Code, as amended. "Issuer" shall mean Corpus Christi Business and Job Development Corporation. "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Parity Bonds" shall mean the Bonds and any Additional Bonds hereafter issued. "Paying Agent/Registrar" shall mean the financial institution so designated in accordance with the provisions of Section 4 of this Resolution. "Pledged Revenues" shall mean the Economic Development Sales Tax, less any amounts due or owing to the Comptroller as charges for collection or retention by the Comptroller for refunds and to redeem dishonored checks and drafts, to the extent such charges and retentions are authorized or required by law. "Project" shall mean the costs for the construction, operation and maintenance of the Baseball Stadium, as further described in the Project Agreement, and the payment of other costs necessary or incident to the construction of such improvements as permitted by the proposition approved at the Election, for the specific purpose of the promotion and encouragement of employment and the public welfare. "Project Agreement" shall mean the Project Agreement between the Issuer and the City, dated as of April 1, 2004. "Purchase Agreement" means the bond purchase contract between the Issuer and the Underwriters pertaining to the purchase of the Bonds by the Underwriters. "Required Reserve Amount" shall mean 1.00 times the average annual principal and interest requirement of the Parity Bonds; provided, however, that the Required Reserve Amount shall not exceed 10 percent of the aggregate proceeds (within the meaning of Section 148(d)(2) of the Code) of the Parity Bonds. "Reserve Fund Obligations" shall mean cash, Authorized Investments, and any Credit Facility (one or more), or any combination of the foregoing. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, 9 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. "Transfer Agreement" shall mean the Sales Tax Remittance Agreement dated as of April 1, 2004, between the City and the Issuer. "Underwriters" means the syndicate of investment banking firms identified in the Purchase Agreement; Morgan Keegan & Co, Inc, acts as senior managing underwriter. Section 7. PLEDGE. The Parity Bonds and any Additional Bonds and any interest payable thereon, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues; and the Pledged Revenues are further pledged to the establishment and maintenance of the Debt Service Fund and the Reserve Fund as hereinatter provided. The Parity Bonds and any Additional Bonds are and will be secured by and payable only from the Pledged Revenues and amounts on deposit in the Debt Service Fund and the Reserve Fund, and are not secured by or payable from a mortgage or deed of trust on any real, personal or mixed properties constituting the Project Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the pledge of the Pledged Revenues granted by the Issuer under this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the Pledged Revenues granted by the Issuer is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 8. REVENUE FUND. There is hereby created and established on the books of the Issuer, and accounted for separate and apart from all other funds of the Issuer, a special fund entitled the "Corpus Christi Business and Job Development Corporation Economic Development Sales Tax Revenue Fund (Baseball Stadium Project)" (hereinafter called the "Revenue Fund"). All Pledged Revenues shall be credited to the Revenue Functimmediately upon receipt. Monies in the Revenue Fund shall be maintained at the Depository Bank. Within the Revenue Fund the Corporation may establish an account for the purpose of depositing a portion of the Economic Development Sales Tax, consistent with the proposition approved at the Election, for the payment of the costs of maintaining and operating the Project. The Issuer may fund any such account so established with Pledged Revenues after making the transfers required to be made in accordance with Sections 15, 16 and 17 hereo£ The Issuer may withdraw and use, for any purpose not inconsistent with the proposition approved at the Election, any money in any such account so established to fund Costs of the Project for capital improvements, or to fund the Debt Service Fund or the Reserve Fund; provided, however, that prior to making such withdrawal for the purpose of funding Costs of the Project for capital improvements, such withdrawal and the specific capital improvements to be funded with such money must be authorized and approved by official action of the governing body of the City. 10 Section 9. DEBT SERVICE FUND. For the sole purpose of paying the principal of and interest on the Parity Bonds and any Additional Bonds, as the same come due, there is hereby created and established on the books of the Issuer a separate fund entitled the "Corpus Christi Business and Job Development Corporation Economic Development Sales Tax Revenue Bonds Debt Service Fund (Baseball Stadium Project)" (hereinafter called the "Debt Service Fund"). Monies in the Debt Service Fund shall be maintained at the Depository Bank. Section 10. RESERVE FUND (a) Reserve P'undEstablished. There is hereby created and established on the books of the Issuer a separate fund entitled the "Corpus Christi Business and Job Development Corporation Economic Development Sales Tax Revenue Bonds Reserve Fund (Baseball Stadium Project)" (hereinafter called the "Reserve Fund"). Reserve Fund Obligations deposited to the credit of the Reserve Fund shall be used solely for the purpose of retiring the last of any Parity Bonds as they become due or paying principal of and interest on any Parity Bonds when and to the extent the amounts in the Debt Service Fund are insufficient for such purpose. Reserve Fund Obligations deposited to the credit of the Reserve Fund shall be maintained at the Depository Bank. The Reserve Fund shall be maintained in an amount equal to the Required Reserve Amount. The chief financial officer of the Issuer may, at the option thereof, withdraw and transfer to the Revenue Fund all surplus in the Reserve Fund over the Required Reserve Amount. (b) Reserve Fund Obligations. The Issuer may satisl~ its covenant to maintain the Reserve Fund in an amount equal to the Required Reserve Amount with a Credit Facility that will provide funds, together with other Reserve Fund Obligations, if any, credited to the Reserve Fund, at least equal to the Required Reserve Amount. The Issuer may replace or substitute a Credit Facility for all or a portion of the cash or Eligible Investments on deposit in the Reserve Fund or in substitution for or replacement of any existing Credit Facility. Upon such replacement or substitution, cash or Authorized Investments on deposit in the Reserve Fund which, taken together with the face amount of any existing Credit Facilities, are in excess of the Required Reserve Amount may be withdrawn by the Issuer, at the option of the chief financial officer of the Issuer, and transferred to the Revenue Fund for completion of the Project (if bond proceeds are the source of such funds) or for other uses related to the Project as permitted by the terra&of the proposition approved at the Election; provided that at the option of the chief financial officer of the Issuer, the face amount of any Credit Facility may be reduced in lieu of such transfer. (c) Withdrawals from Reserve Fund. If the Issuer is required to make a withdrawal from the Reserve Fund for any of the purposes described in this Section, the chief financial officer of the Issuer, acting on behalf of the Issuer, shall promptly notify the issuer of such Credit Facility of the necessity for a withdrawal from the Reserve Fund for any such purposes, and shall make such withdrawal F1RST from available moneys or Authorized Investments then on deposit in the Reserve Fund, and NEXT from a drawing under any Credit Facility to the extent of such deficiency. Should there be more than one provider of Credit Facilities that are on deposit in the Reserve Fund, the order of priority with respect to the drawings on such Credit Facilities shall be determined by the Issuer and the providers of the Credit Facilities prior to any such drawings being made thereunder. (d) Credit Facility Draws. In the event there is a draw upon the Credit Facility, the Issuer 11 shall reimburse the provider of such Credit Facility for such draw, in accordance with the terms of any agreement pursuant to which the Credit Facility is issued, from Pledged Revenues, however, such reimbursement from Pledged Revenues shall be subject to the provisions of Section 15 hereof and shall be subordinate and junior in right of payment to the payment of principal of and premium, if any, and interest on Parity Bonds. Section 11 CONSTRUCTION FUND. (a)ConstructionFundEstablished. There is hereby created and established on the books of the Issuer a separate fund entitled the "Corpus Christi Business and Job Development Corporation Series 2004 Construction Fund (Baseball Stadium Project)" (hereinafter called the "Construction Fund") The Construction Fund shall be maintained at the Depository Bank and shall be subject to and charged with a lien in favor of the registered owners of the Bonds until said money on deposit therein are paid out as herein provided. The proceeds from the sale of the Bonds, other than any accrued interest and any capitalized interest (which shall be deposited to the credit of the Debt Service Fund), shall be credited to the Construction Fund together with such amounts required to fund the cost of the Project after making required monthly deposits to the Debt Service Fund and Reserve Fund. All interest and profits from investments made with money in the Construction Fund shall remain on deposit in the Construction Fund and as part thereof (b) Disbursement of Funds Money in the Construction Fund shall be subject to disbursement by the Issuer for payment of any Cost of the Project. Disbursements from the Construction Fund shall be made by check signed by an officer of said depository bank on behalf of the Issuer. Such disbursements shall be made only upon the submission of a request by the Issuer, approved by the City as provided in subsection (c) of this Section, and stating that said purpose for which the disbursement is requested constitutes a valid Cost of the Project. (c) A£proval of Disbursements by City. The provisions of subsection (b) of this Section notwithstanding, such officers and employees of the Issuer shall not have authority to request the disbursement of money from the Construction Fund to pay any such Costs of the Project until the payment of such Costs has been approved in writing by the chief financial officer of the City. Copies of invoices and statements with respect.m a disbursement shall be submitted to the chief financial officer of the City for review thereby prior to the approval of said disbursement request. Section 12. TRANSFER. (a) Transfer Agreement. Pursuant to the provisions of the Transfer Agreement, the City has agreed to do any and all things necessary to accomplish the transfer of the Economic Development Sales Tax collected for the benefit of the Issuer to the Revenue Fund on a monthly basis. The Transfer Agreement shall govern matters with respect to the collection of sales taxes from the Comptroller, credits and refunds due and owing to the Comptroller, and other matters with respect to the collection and transfer of the Economic Development Sales Tax. The City shall maintain the proceeds from the collection of the Economic Development Sales Tax in a trust account separate from all other funds of the City, with such trust account to be maintained at an official depository bank of the City. (b) Transfer of Money. The Chairperson and the Treasurer of the Board are hereby ordered to do any and all things necessary to accomplish the transfer of monies to the Debt Service Fund in 12 ample time to pay the principal of and interest on the Parity Bonds and any Additional Bonds. Section 13. DEPOSITS OF PLEDGED REVENUES; INVESTMENTS. (a) Deposits. The Pledged Revenues shall be deposited in the Debt Service Fund, the Reserve Fund and the Administrative Expense Fund as hereinafter described, when and as required by this Resolution. (b) Eligible Investments Money in any Fund established by this Resolution may, at the option of the Board, be invested in eligible investment securities as described in the Investment Act; provided that all such deposits and investments shall have a par value (or market value when less than par) exclusive of accrued interest at all times at least equal to the amount of money credited to such Funds, and shall be made in such manner that the money required to be expended from any Fund will be available at the proper time or times. Money in the Reserve Fund shall not be invested in securities maturing later than the final maturity of the Parity Bonds and any Additional Bonds. Such investments shall be valued in terms of current market value as of the last day of each year, except that direct obligations of the United States (State and Local Government Series) in book-entry form shall be continuously valued at their par or face principal amount. Such investments shall be sold promptly when necessary to prevent any default in connection with the Parity Bonds or any Additional Bonds Section 14 FUNDS SECURED. Money in all Funds created by this Resolution, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the City. Section 15. DEBT SERVICE REQUIREMENTS (a) Transfers to PayingAgent/Registrar. Promptly after the delivery of the Bonds, the Issuer shall cause to be transferred to the Paying Agent/Registrar and deposited to the credit of the Debt Service Fund any accrued interest received from the sale and delivery of the Bonds, as described in the certificate delivered in accordance with the provisions of Section 31 hereof, and any such deposit shall be used to pay the interest next coming due on the Bonds. (b) Transfers to Debt Service Fund. The Issuer shall transfer or cause to be transferred Pledged Revenues ondeposit in the l?,evenue Fund to the credit of the Debt Service Fund, for transfer to the Paying Agent/Registrar in the amounts and at the times, as follows: (1) Such amounts, deposited in approximately equal monthly installments on or before the 25th day of each month hereafter, commencing with the month during which the Bonds are delivered, or the month thereafter if delivery is made after the 25th day thereof, as will be sufficient, together with other amounts, if any, then on hand in the Debt Service Fund and available for such purpose, to pay the interest scheduled to accrue and come due on the Bonds on the next succeeding interest payment date. (2) Such amounts, deposited in apprOximately equal monthly installments on or before the 25th day of each month hereafter, commencing with the month during which the Bonds are delivered, or the month thereafter if delivery is made after the 25th day thereof, as will be sufficient, together with other amounts, if any, then on 13 hand in the Debt Service Fund and available for such purpose, to pay the principal scheduled to mature and come due on the Bonds on the next succeeding principal payment date. Section 16. RESERVE REQUIREMENTS. When and so long as the Reserve Fund Obligations in the Reserve Fund are not less than the Required Reserve Amount, no deposits need be made to the credit of the Reserve Fund. When and if the Reserve Fund contains less than the Required Reserve Amount due to the issuance of the Bonds or any Additional Bonds, beginning on the 25th day of the month following the delivery of the Bonds to the Underwriters, and continuing for sixty months, the Issuer shall transfer or cause to be transferred Pledged Revenues on deposit in the Revenue Fund, and deposit to the credit of the Reserve Fund an amount equal to 1/60 of the difference determined as of such delivery date between the amount in the Reserve Fund and the Required Reserve Amount. When and if the Reserve Fund at any time contains less than the Required Reserve Amount due to any cause or condition other than the issuance of any Additional Bonds, then, subject and subordinate to making the required deposits to the credit of the Debt Service Fund, such deficiency shall be made up as soon as possible from the next available Pledged Revenues, or from any other sources available for such purpose. The Issuer may withdraw and use, for any purpose relating to the Project not inconsistent with the provisions of the Act and the proposition approved at the Election, all surplus in the Reserve Fund over the Required Reserve Amount; provided, however, that prior to making such withdrawal, such withdrawal and the use thereof must be authorized and approved by official action of the governing body of the City. In the event the Required Reserve Amount is funded through the use of a Credit Facility, and the Credit Facility specifies a termination or expiration date that is prior to the final maturity of the Parity Bonds so secured thereby, the Issuer shall provide that such Credit Facility shall be renewed at least twelve (12) months prior to the specified termination or expiration date or in the alternative provide that any deficiency that will result upon the termination or expiration of such Credit Facility will be accounted for either by (i) obtaining a substitute Credit Facility no sooner than twenty-four (24) months or no later than twelve (12) months prior to the specified termination or expiration date of the then existing Credit Facility or (ii) by depositing cash into the Reserve Fund in no more than twenty-four (24) monthly installments of not less than one-twenty fourth (1/24th) of the amount of such deficiency on or before the 15th day of each month, commencing on the 15th day of the month which is twelve (12) months prior to such termination or expiration date, to restore the Debt Service Reserve Fund to the Required Reserve Amount. Section 17. ADM1NISTRATIVEEXPENSEFUND. Thereisherebycreatedandestablished on the books of the Issuer, and accounted for separate and apart from all other funds of the Issuer, a special trust fund entitled the "Corpus Christi Business and Job Development Corporation Economic Development Sales Tax Administrative Expense Fund" (hereinafter called the "Administrative Expense Fund") Money in said Fund shall be maintained at the Depository Bank. The Issuer shall transfer from the Revenue Fund Pledged Revenues in an amount not exceeding $15,000 per Fiscal Year into the Administrative Expense Fund after making the required transfers to the Debt Service Fund and the Reserve Fund (if necessary) in accordance with Section 15 and 16 hereof At no time shall the Administrative Expense Fund have an amount in excess of $15,000 on deposit therein. Money in the Administrative Expense Fund may be used to pay administrative and general expenses of the Issuer, including, without limitation, the expense of an annual audit, the fees 14 and expenses of the Paying Agent/Registrar and any charges of the City for its administration of any of the Issuer's affairs. Section 18 FINDINGS OF ECONOMIC DEVELOPMENT. In taking the action to issue the Bonds as provided in this Resolution, the Board of Directors of the Issuer acts in reliance upon and adopts the findings of the City as recited in the preamble to this Resolution as they relate to the economic development of the City resulting from the Project Section 19. CONTINUING DISCLOSURE UNDERTAKING. (a) AnnualReports. (i) That the Issuer shall provide annually, within six months after the end of each fiscal year ending in or after 2004, financial information and operating data with respect to the Issuer of the general type described in Exhibit A hereto provided that such information and data is customarily prepared by the Issuer Such information shall be provided to any person upon request made to the Issuer provided that the Issuer reserves the right at any time to commence making such annual filings with the SID (if any, and if none, to each NRMSIR) in lieu of providing such information upon request. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer conunissions 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 Issuer shall provide unaudited financial statements by the required time and shall provide audited financial statements for the applicable fiscal year to each NRMS1P, and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify the SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this paragraph (a). The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to the S1D or filecL.ufith the SEC. (b) Material Event Notices. The Issuer 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: 2. 3. 4. 5. 6. 7. 8. 9. Principal and interest payment delinquencies; Non-payment related defaults; Unscheduled draws on debt service reserves reflecting financial difficulties; Unscheduled draws on credit enhancements reflecting financial difficulties; Substitution of credit or liquidity providers, or their failure to perform; Adverse tax opinions or events affecting the tax-exempt status of the Bonds; Modifications to rights of holders of the Bonds; Bond calls; Defeasances; 15 10. 11. Release, substitution, or sale of property securing repayment of the Bonds; and Rating changes. The Issuer shall notify any SID and the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection (c) Limitations, Disclaimers, andAmendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Resolution or applicable law that causes Bonds no longer to be Outstanding. (ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTiNG iN WHOLE OR iN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED iN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE..~LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Resolution for purposes of any other provision of this Resolution. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if(l) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the holders ora majority in aggregate principal amount (or any greater amount required by any 16 other provision of this Resolution that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest of the holders and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The lssuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds Section 20 PAYMENT. On or before September 1, 2004, and semiannually on or before each March 1 and September 1 thereafter while any of the Bonds are outstanding and unpaid, the Paying Agent/Registrar shall make payment of the principal of and interest on the Bonds and the Additional Bonds to the holders thereof with funds on deposit in the Debt Service Fund and the Reserve Fund (if necessary). Section 21. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) Deficiencies. If on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Debt Service Fund, the Reserve Fund, and the Administrative Expense Fund, then such deficiency shall be made up as soon as possible from the next available Pledged Revenues, or from any other sources available for such purpose. (b) Excess Pledged Revenues Subject to making the required deposits to the credit of the Debt Service Fund, the Reserve Fund and the Administrative Expense Fund, when and as required by this Resolution, or any resolution authorizing the issuance of Additional Bonds, the excess Pledged Revenues may be used by the Issuer for any lawful purpose not inconsistent with the Act and the propositions approved at the Election. Specifically, but not by way of limitation, excess Pledged Revenues in each yeaz:in an amount not to exceed $500,000 may be transferred at the direction of. the Board to the City on the last business day of July in each year to be used for affordable housing, so long as there are projects for which that amount can reasonably be used, as provided in the propositions approved at the Election. Section 22. ADDITIONAL BONDS. (a) Authority to Issue AdditionalBonds. The Issuer shall have the right and power at any time and from time to time and in one or more series or issues, to authorize, issue and deliver additional parity revenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for purposes of financing of projects (including the Project) under the provisions of the Act, or for the purpose of refunding of any Parity Bonds, Additional Bonds or other obligations of the Issuer incurred in connection with the financing of projects under the provisions of the Act. Such Additional Bonds, if and when authorized, issued and delivered in accordance with this Resolution, shall be secured by and made payable equally and ratably on a parity with the Parity Bonds, and all other outstanding Additional Bonds, from a first lien on and pledge of the Pledged Revenues. 17 (b) Debt Service FundandReserve Fund That the Debt Service Fund and the Reserve Fund established by this Resolution shall secure and be used to pay all Additional Bonds as well as the Parity Bonds However, each resolution under which Additional Bonds are issued shall provide and require that, in addition to the amounts required by the provisions of this Resolution and the provisions of any other resolution or resolutions authorizing Additional Bonds to be deposited to the credit of the Debt Service Fund, the Issuer shall deposit to the credit of the Debt Service Fund at least such amounts as are required for the payment of all principal and interest on said Additional Bonds then being issued, as the same come due; and that the aggregate amount to be accumulated and maintained in the Reserve Fund shall be increased (if and to the extent necessary) to an amount not less than the average annual principal and interest requirements of all Parity Bonds and Additional Bonds which will be outstanding after the issuance and delivery of the then proposed Additional Bonds; and that the required additional amount shall be so accumulated by the deposit in the Reserve Fund of all or any part of said required additional amount in cash immediately after the delivery of the then proposed Additional Bonds, or, at the option of the Issuer, by the deposit of said required additional amount (or any balance of said required additional amount not deposited in cash as permitted above) in monthly installments, made on or before the 25th day of each month following the delivery of the then proposed Additional Bonds, of not less than 1/60th of said required additional amount (or 1/60th of the balance of said required additional amount not deposited in cash as permitted above). (c) Calculation of Average Annual Debt Service. That all calculations of average annual principal and interest requirements made pursuant to this section shall be made as of and from the date of the Additional Bonds then proposed to be issued. (d) Conditions for Is,¥uance of AdditionaIBonds. No installment, series or issue of Additional Bonds shall be issued or delivered unless: (i) The Chairperson or the Executive Director and the Secretary of the Board of the Issuer sign a written certificate to the effect that the Issuer is not in default as to any covenant, condition or obligation in connection with all outstanding Parity Bonds and Additional Bonds, and the resolutions authorizing same, and that the Debt Service Fund and the Reserve Fund each contains the amount then required to be therein; (ii) The chief financial officer of the City signs a written certificate to the effect that, during either the next preceding fiscal year, or any twelve consecutive calendar month period ending not more than ninety days prior to the date of the then proposed Additional Bonds, the Pledged Revenues were at least equal to 1.25 times the annual principal and interest requirements (computed on a Fiscal Year basis) in the Fiscal Year in which such requirements are scheduled to be the greatest of all Parity Bonds and Additional Bonds to be outstanding after the issuance of then proposed Additional Bonds; and (iii) The governing body of the City by official action approves the issuance of the Bonds, as required by the Act. 18 The foregoing notwithstanding, the Issuer may issue Additional Bonds, all or a portion of the proceeds of which are to be used to refund all of the outstanding Parity Bonds, without the necessity of satisfying the provisions of clause (ii) of this subsection. (e) Additional Bonds to be Tax-Exempt Obligations. Any installment, series or issue of Additional Bonds may be issued in such a manner that such Additional Bonds would qualify as obligations described by Section 103(a) of the Code. Section 23. GENERAL COVENANTS. The Issuer further covenants and agrees that in accordance with and to the extent required or permitted by law: (a) Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Resolution and in every Bond; it wilt promptly pay or cause to be paid the principal of and interest on every Bond on the dates and in the places and manner prescribed in this Resolution and the Bonds; and it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Funds created hereby; and any registered owner of the Bonds may require the Issuer, its officials and employees to carry out, respect or enforce the covenants and obligations of this Resolution, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the Issuer, its officials and employees, or by the appointment of a receiver in equity (b) Leg, alAuthority It is a duly created and existing industrial development corporation, and is duly authorized under the laws of the State of Texas, including the Act, to create and issue the Bonds; that all action on its part for the creation and issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the registered owners thereof are and will be valid and enforceable special obligations of the Issuer in accordance with their terms. (c) Further Encumbrance It, while the Parity Bonds or any Additional Bonds are outstanding and unpaid, will not additionally encumber the Pledged Revenues in any manner, except as permittedin this Resolution in connection with Additional Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants and agreements of this Resolution; but the right of the Issuer to issue revenue bonds payable from a subordinate lien on the Pledged Revenues, in accordance with the provisions of the Act, is specifically recognized and retained. (d) Sale or Disposal of Project. It, while the Parity Bonds or any Additional Bonds are outstanding and unpaid, will not sell, convey, mortgage, encumber, lease or in any manner transfer title to, or otherwise dispose of the Project, or any significant or substantial part thereof, without the approval of the governing body of the City. (e) Collection of Economic Development Sales Tax. (i) The Issuer hereby confirms the earlier levy by the City of the Economic Development Sales Tax at the rate voted at the Election, and 19 the Issuer hereby warrants and represents that the City has duly and lawfully ordered the imposition and collection of the Economic Development Sales Tax upon all sales, uses and transactions as are permitted by and described in the Act throughout the boundaries of the City as such boundaries existed on the date of said election and as they may be expanded from time to time. (ii) For so long as any Parity Bonds or Additional Bonds are outstanding, the Issuer covenants, agrees and warrants to take and pursue all action permissible under applicable law to cause the Economic Development Sales Tax, at said rate or at a higher rate if permitted by applicable law, to be levied and collected continuously, in the manner and to the maximum extent permitted by applicable law, and to cause no reduction, abatement or exemption in the Economic Development Sales Tax or rate of tax below the rate stated, confirmed and ordered in clause (i) of this subsection to be ordered or permitted so long as any Parity Bonds or Additional Bonds shall remain outstanding. (iii) If the City shall be authorized hereafter by applicable law to apply, impose and levy the Economic Development Sales Tax on any taxable items or transactions that are not subject to the Economic Development Sales Tax on the date of the adoption hereof, the Issuer, to the extent it legally may do so, hereby covenants and agrees to use its best efforts to cause the City to take such action as may be required by applicable law to subject such taxable items or transactions to the Economic Development Sales Tax (iv) The Issuer agrees to take and pursue all action permissible under applicable law to cause the Economic Development Sales Tax to be collected and remitted and deposited as herein required and as required by the Act, at the earliest and most frequent times permitted by applicable law. (v) The Issuer agrees and covenants at all times to use its best efforts to cause the City to comply with the Transfer Agreement and the Project Agreement. (f) Records. It will keep proper books of record and account in which full, true and correct entries will be made of all dealings, activities and transactions relating to the Project, the Pledged Revenues and the Funds created pursuant to this Resolution, and all books, documents and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any bondholders. (g) Corporate Existence. It will maintain its corporate existence during the time that any Parity Bonds are outstanding hereunder. Section 24. DEFEASANCE OF BONDS. (a) Defeased Bonds. That any Bond and the interest thereon shall be deemed to be paid, retired and no longer Outstanding (a "Defeased Bond"), except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other 20 similar instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment and/or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the Net Revenues, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Resolution to the contrary, it is hereby provided that any determination not to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified in clauses (i) or (ii) above shall not be irrevocable; provided, that in the proceedings providing for such payment arrangements, the Board expressly (1) reserves the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Bonds immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Investment in Defeasance Securities. Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsections (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) Paying Agent/Registrar Services Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Resolution. (d) Selection of Bonds for Defeasance. In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such random method as it deems fair and appropriate. Section 25. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond 21 of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Appltcationfi~r Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar In every case of loss, theft, or destruction ora Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction ora Bond, the registered owner shall furnish to the lssuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Resolution equally and proportionately with any and all other Bonds duly issued under this Resolution (e) Authority for Issuing Replacement Bonds. In accordance with Chapter 1206, Texas Government Code, this Section shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 4(d) of this Resolution, for Bonds issued in conversion and exchange for other Bonds. Section 26. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPiNION; CUS1P NUMBERS AND BOND INSURANCE, IF OBTAINED. The Chairperson of the Board of the Issuer is hereby authorized to have control of each Bond issued hereunder and all necessary records and proceedings pertaining to each Bond pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and 22 their registration by the Comptroller of Public Accounts of the State of Texas Upon registration of each Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on each Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on each Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. In addition, the form of bond counsel's opinion relating thereto, and an appropriate statement of insurance supplied by a municipal bond insurance company providing insurance, if any, covering all or any part of the Bonds may be printed or attached to the Bonds. Section 27. COVENANTS REGARDING TAX EXEMPTION. That the Issuer intends to issue the Bonds as tax-exempt obligations, and to that end hereby covenants to refrain from any action which would adversely affect, or to take any action to assure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141 (b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Resolution or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 14 l(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is '*related" and not "disproportionate", within the meaning of section 14 l(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any), is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141 (c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(a) of the Code; 23 (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- (1) proceeds of the Bonds invested for a reasonable temporary period for three years or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148- l (b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(0 of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code. The Issuer understands that the term "proceeds" included "disposition proceeds" as defined in the Treasury Regulations and, in the case of a refunding bond, transferred proceeds (if any) and proceeds ofthe refunded bonds expended prior to the date ofthe issuance ofthe Bonds. It is the understanding of the Issuer that the covenant s contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of 24 nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of the foregoing, the Chairperson, the Vice Chairperson, the Executive Director or the Treasurer may execute any certificates or other reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. In order to facilitate compliance xvith the above clause (h), a "Rebate Fund" is hereby established by the Issuer 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 ~vithout limitation the registered owners of the Bonds The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. Section 28. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT That the Issuer covenants to account for on its books and records the expenditure of proceeds from the sale of the Bonds and any investment earnings thereon to be used for paying the Costs of the Project in accordance with the requiremems of the Code The Issuer recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (a) the expenditure on a Project is made or (b) each such Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the Issuer recognizes that in order for proceeds to be expended under the Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of(a) the fifth anniversary of the date of initial delivery of the Bonds or (b) the date the Bonds are retired. The Issuer agrees to obtain the advice of a nationally-recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes of this Section, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion of a 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 29. DISPOSITION OF PROJECT. That the Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of a nationally- recognized bond counsel substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of this Section, the portion of the property comprising personal property and disposed of in the ordinary course of business shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes of this Section, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion of a 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 30 SALE OF BONDS. (a) Sale of Bonds. The sale of the Bonds to the Underwriters is hereby authorized. The Bonds shall be sold to the Underwriters at such price, and subject to such terms and conditions as set forth in the Purchase Agreement, as shall be determined by the Executive Director pursuant to subsection (b) below. The Executive Director, acting for and on behalf of the Issuer, is authorized to enter into and carry out the Purchase Agreement with the 25 Underwriters, in substantially the form attached hereto and made a part hereof for all purposes, with such changes as may be necessary to effect the sale of the Bonds to the Underwriters. The authority of the Executive Director to execute the Purchase Agreement shall expire if the Purchase Agreement has not been executed by the Issuer and by the Underwriters (acting through their duly designated representative) by 5:00 pm., Friday, April 30, 2004. One Bond in the principal amount maturing on each maturity date as set forth in the Purchase Agreement shall be delivered to the Underwriters, and the Underwriters shall have the right to exchange such bonds as provided in Section 4 hereof without cost. (b) Parameters with Re~spect to Execution of Purchase Agreement. The Executive Director is hereby authorized, appointed, and designated to act on behalf of the Issuer in selling and delivering the Bonds and carrying out the other procedures specified in this Resolution, including determining and fixing the date of the Bonds, any additional or different designation or title by which the Bonds shall be known, the aggregate principal amount of the Bonds, the date of delivery of the Bonds, the price at which the Bonds will be sold, the years in which the Bonds will mature, the principal amount of Bonds to mature in each of such years, the rate of interest to be borne by each such maturity, the interest payment periods, the dates, price, and terms upon and at which the Bonds shall be subject to redemption prior to maturity at the option of the Issuer, as well as any mandatory sinking fund redemption provisions, and all other matters relating to the issuance, sale, and delivery of the Bonds, including, without limitation, obtaining a municipal bond insurance policy and a debt service reserve fund surety bond in support of the Bonds, all of which shall be specified in the Purchase Agreement; provided, that (i) the price to be paid for the Bonds shall not less than 95% of the aggregate original principal amount thereof, plus accrued interest thereon from the date of their delivery, (ii) none of the Bonds shall bear interest at a rate greater than 10% per annum and (iii) none of the Bonds shall mature after March 1, 2018 (c) Offering Documents Prior to execution of the Purchase Agreement, the Executive Director, acting for and on behalf of the Issuer, shall cause a preliminary official statement to be prepared for distribution by the Underwriters to prospective purchasers of the Bonds, such document to be in substantially the form attached to this Resolution, which form is hereby approved, but with such changes and completions as the Executive Director may deem necessary or appropriate to enable the Executive Director, acting for and on behalf of the Issuer, to deem the preliminary official statement to be final as of its date, except for such omissions as are permitted by the Rule. Within seven business days after the execution of the Purchase Agreement, the Executive Director, acting for and on behalf of the Issuer, shall cause a final official statement to be provided to the Underwriters in compliance with the Rule. (d)BondlnsuranceandReserveFundIns~trance?olicies. Should the Purchase Agreement so provide, on the date of delivery of the Bonds, the Issuer will obtain from the municipal bond insurance company identified in the Purchase Agreement (the "Insurer") a municipal bond insurance policy and a debt service reserve fund policy in support ofthe Bonds. The Board hereby represents that any debt service reserve fund policy to be obtained from the Insurer shall be in an amount equal to the Required Reserve Amount for the Bonds. To that end, for so long as said policies are in effect, the requirements of the Insurer, as a condition to the issuance of said policies, are incorporated by 26 reference into this Resolution and made a part hereof for all purposes, notwithstanding any other provision of this Resolution to the contrary. The Executive Director is hereby authorized to execute any agreements or other instruments in connection with obtaining any such policy. Section 31. USE OF BOND PROCEEDS. The proceeds from the sale of the Bonds, other than costs of issuance paid in accordance with an instruction letter prepared by or on behalf of the Issuer by its financial advisor, shall be deposited to the credit of the various Funds created by this Resolution as set forth in an instruction letter prepared by or on behalf of the Issuer by its financial advisor to be delivered to the Paying Agent/Registrar at closing Bond proceeds remaining after the completion of the Project either shall be deposited to the credit of the Debt Service Fund or shall be used to purchase Bonds in the open market Section 32. EXECUTION OF DOCUMENTS The Chairperson, Vice Chairperson and Secretary of the Board of the Issuer, and the Executive Director of the Issuer, and each of them, are hereby authorized to execute, deliver, attest and affix the seal of the Issuer to all documents and instruments necessary and appropriate in connection with the issuance, sale and delivery of the Bonds, including, without limitation, the Transfer Agreement, the Project Agreement, the Paying Agent/Registrar Agreement, each in substantially the form attached to this Resolution, and the documentation required to obtain the policies from the Insurer described in Section 30(d) above, including, without limitation, any agreement between the Issuer and the Insurer to effect the delivery ofaCredit Facility which constitutes a Reserve Fund Obligation The Chairperson, Vice Chairperson and Secretary of the Board of the Issuer, and the Executive Director of the Issuer and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be neces- sary or desirable in order to carry out the terms and provisions of this Resolution, the Bonds, the sale and delivery of the Bonds and fixing all details in connection therewith, and to approve any Official Statement, or supplements thereto, in connection with the Bonds. The Issuer heretofore has executed a DTC Blanket Letter of Representations with respect to establishing a book-entry-only system of registration and transfer of bonds and other obligations issued by the Issuer. Section 33. RULES OF CONSTRUCTION. For all purposes of this Resolution, unless the context requires otherwise, all references to designated Sections and other subdivisions are to the Sections and other subdivisions of this Resolution. The words "herein", "hereof' and "hereunder" and other words of similar import refer to this Resolution as a whole and not to any particular Section or other subdivision. Except where the context otherwise requires, terms defined in this Resolution to impart the singular number shall be considered to include the plural number and vice versa. References to any named Person means that party and its successors and assigns. References to any constitutional, statutory or regulatory provision means such provision as it exists on the date this Resolution is adopted by the City and any future amendments thereto or successor provisions thereof Any reference to the payment of principal in this Resolution shall be deemed to include the payment of any mandatory sinking fund redemption payments as described herein. Any reference to FORM OF BOND shall refer to the form attached to this Resolution as Exhibit A. 27 Section 34. INTERPKETATIONS. The titles and headings of the Sections and subsections 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 Section 35. PREAMBLE. The findings and preambles set forth in this Resolution are hereby incorporated into this Resolution and made a part hereof for all purposes. 28 EXHIBIT A FORM OF BOND NO. PP~NCIPAL AMOUNT $ UNITED STATES OF AMERICA STATE OF TEXAS CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE BOND, SERIES 2004 (BASEBALL STADIUM PROJECT) Interest Rate' Maturity Date Date of Original Issue April 27, 2004 Cusip No. REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION (the "Issuer"), being a nonstock, nonprofit industrial development corporation organized and existing under the laws of the State of Texas, including particularly the Development Corporation Act of 1979, Article 5190.6, V.A.T.C S., as amended (the "Act"), and acting on behalf of the City of Corpus Christi, Texas (the "City"), hereby promises to pay to the registered owner set forth above or to the assignee or assignees thereof (either being hereinafter called the "registered owner") the principal amount set forth above, and to pay interest thereon from the date of the original issue specified above, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above with interest being payable on September 1, 2004 and semiannually on each Marchl and September 1 thereafter; except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the corporate trust office in Dallas, Texas (the "Designated Trust Office") of JPMorgan Chase Bank, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on the interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the resolution authorizing the issuance of the Bonds (the "Resolution") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the Designated Trust Office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the Designated Trust Office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond, it will make available to the Paying Agent/Registrar, from the "Debt Service Fund" created by the Resolution, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the special record date by the United States mail, first-class postage prepaid, to the address of each owner of a Bond appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated Trust Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due Notwithstanding the foregoing, during any period in which ownership of the bonds of this Series is determined only by a book entry at a securities depository therefor, any payment to the securities depository, or its nominee or registered assigns, shall be made in accordance with existing arrangements between the Issuer and the securities depository. THIS BOND is one of an issue of Bonds dated as of April 1, 2004, authorized in accordance with the Constitution and laws of the State of Texas, including particularly the Act, in the original principal amount of $ for constructing, operating and maintaining, or causing to be constructed, operated and maintained, a project, to-wit: the construction ora minor league baseball stadium, and other Costs associated therewith, for the specific purpose of the promotion and encouragement of employment and the public welfare. ON __ 1,201_, or any date thereafter, the Bonds of this Series maturing on and after __ 1,201_ may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the maturity or maturi- ties of Bonds and the amounts thereof, to be redeemed shall be selected and designated by the Issuer, and the Issuer shall direct the Paying Agent/Registrar to call by lot Bonds, or portions thereof within such maturities and in such principal amounts, for redemption (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the principal amount thereof, plus accrued interest to the date fixed for redemption; provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository THE BONDS are also subject to mandatory redemption in part by lot pursuant to the terms of the Resolution, on __ 1, 20 , with respect to Bonds maturing 1, 20__, and on__ 1, 20__, with respect to Bonds maturing __ 1, 20__, in the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year Principal Amount ($) * Final Maturity The principal amount of the Bonds subject to sinking fund redemption required to be redeemed on any mandatory sinking fund redemption date shall be reduced at the option of the Issuer by the principal amount of such Bonds which, at least fifty (50) days prior to the mandatory sinking fund redemption date, shall have been acquired by the Issuer, and delivered to the Paying Agent/Registrar for cancellation or shall have been redeemed pursuant to the optional redemption provisions of this Bond and not previously credited to the mandatory sinking fund redemption; provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, the particular Bonds to be called for mandatory redemption shall be selected in accordance with the arrangements between thelssuer and the securities depository. AT LEAST 30 days prior to the date fixed for redemption, written notice of such redemption shall be given by the Paying Agent/Registrar by United States mail, first class postage prepaid, to the registered owner of each Bond to be redeemed at its address as it appeared on the books of the Paying Agent/Registrar on the forty-fifth day prior to the date fixed for redemption. The failure to receive such notice in writing, or any defect therein, or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of Bonds. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds provided for such payment. ALL BONDS OF THIS SERIES are issuable solely as fully registered Bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Resolution, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred and exchanged for a like aggregate principal amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Resolution. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative to evidence the assignment hereof. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof(i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Resolution that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. BY BECOMiNG the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Resolution, agrees to be bound by such terms and provisions, acknowledges that the Resolution is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Resolution constitute a contract between each registered owner hereof and the Issuer. WHENEVER the beneficial ownership of this Bond is determined by a book entry at a securities depository for the Bonds, the foregoing requirements of holding, delivering or transferring this Bond shall be modified to require the appropriate person or entity to meet the requirements of the securities depository as to registering or transferring the book entry to produce the same effect. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer; that neither the State of Texas, the City, nor any political corporation, subdivision, or agency of the State of Texas, nor any member of the Board of Directors of the Issuer, either individually or collectively, shall be obligated to pay the principal of or the interest on this Bond and neither the faith and credit nor the taxing power (except as described below) of the State of Texas, the City, or any other political corporation, subdivision, or agency thereof is pledged to the payment of the principal of or the interest on this Bond; that the principal of and interest on this Bond, together with outstanding bonds of the Issuer similarly secured, are secured by and payable from a first lien on and pledge of certain funds created under the Resolution and the revenues defined in the Resolution as the "Pledged Revenues", which include the proceeds of a one-eighth of one percent sales and use tax levied for the benefit of the Issuer by the City for promotion and development of new and expanded business enterprises in the City (the "Economic Development Sales Tax") pursuant to Section 4A of the Act; and that the registered owner hereof shall not have the right to demand payment of the principal of or interest on this Bond from any tax proceeds other than the Economic Development Sales Tax proceeds levied and collected for the benefit of the Issuer by the City pursuant to Section 4A of the Act, or from any other source. THE ISSUER has reserved the right, subject to restrictions stated and adopted by reference in the Resolution authorizing this Series of Bonds, to issue additional parity revenue bonds which also may be made payable from and secured by a lien on and pledge of the aforesaid Pledged Revenues. iN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Chairperson of the Board of Directors of the Issuer and countersigned with the manual or facsimile signature of the Secretary of the Board of Directors of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. (signature) Secretary, Board of Directors (SEAL) (signature) Chairperson, Board of Directors FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS*: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this (COMPTROLLER'S SEAL) XXXXXXXXXX Comptroller of Public Accounts of the State of Texas * To be printed only on the Bonds submitted to the Office of the Attorney General for approval. FORM OF PAY1NG AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE' PAYiNG AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Resolution described on the face of this Bond; and that this Bond has been issued in exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. _ Dated: JPMorgan Chase Bank By Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to / / (Assignee's Social Security (print or type Assignee's name or Taxpayer Identification Number) and address, including zip code) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated Signature Guaranteed: NOTICE: This signature must be guaranteed by a member of the New York Stock Exchange or a commercial bank or trust company. Registered Owner NOTICE: This signature must correspond with the name of the Registered Owner appearing on the face of this Bond in every particular without alteration or enlargement or any change whatsoever. A statement of insurance furnished by the Insurer (as defined in Section 30(d) of the Bond Resolution) with respect to the municipal bond insurance policy issued for the Bonds may be printed on or affixed to the Bonds. Exhibit B to Resolution DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 19 of this Resolution. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The information of the general type included in tables 1 through 4, inclusive. 2. Appendix C to the Official Statement,"Financial Statements of the Corpus Christi Business and Job 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. SALES TAX REMITTANCE AGREEMENT THIS SALES TAX REMITTANCE AGREEMENT, dated as of April 1, 2004, executed by and between the City of Corpus Christi, Texas (the "City") and-the Corpus Christi Business and Job Development Corporation (the "Corporation") WiTNES SETH: WHEREAS, the Corporation was created by the City pursuant to authority granted by Article 5190.6, Texas Revised Civil Statutes, as amended (the "Act"), specifically with the Corporation to possess the powers granted by Section 4A of the Act; and WHEREAS, at an election held on November 5, 2002 (the "Election"), a majority of the citizens of the City of Corpus Christi, Texas (the "City") voting at the Election authorized the City to levy a sales and use tax on the receipts at retail of taxable items within the City at a rate of one- eighth of one percent for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years from April 1, 2003, (the "Economic Development Sales Tax"); and WHEREAS, under the Act and the provisions of the Texas Tax Code, disbursements of sales and use taxes are made to cities, such as the City, by the Comptroller of Public Accounts of Texas (the "Comptroller"); and WHEREAS, under authority of the Act, it is the intent of the Corporation to issue bonds for the purpose of financing eligible projects under the Act, particularly Section 4A thereof, and to secure said bonds ~vith the Economic Development Sales Tax collected by the City under authority of Section 4A of the Act and the Election; and WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement to evidence the duties and responsibilities of the respective parties with respect to the collection, remittance and transfer of such sales and use tax revenues. NOW THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the City and the Corporation contract and agree as follows: ARTICLE I SALES TAX FUND Section 1.1. Creation of Fund. The City agrees to establish and maintain at an official depository bank of the City (the "Depository"), an escrow fund to be entitled "Corpus Christi Business and Job Development Corporation Economic Development Sales and Use Tax Fund" (the "Sales Tax Fund"). The Sales Tax Fund shall be maintained as a separate fund at the Depository, and no other moneys of the City shall be commingled with the Sales Tax Fund. Section 1.2. Deposits to Fund TherevenuesreceivedbytheCityfromtheComptrollerfrom the charge and levy of the Economic Development Sales Tax shall be deposited as received, or transmitted by the Comptroller directly, to the credit of the Sales Tax Fund, for the benefit of the Corporation, and shall be made available to the Corporation from time to time as hereinafter provided in this Agreement. Section 1.3. Security for Fund. The City hereby agrees that moneys on deposit in the Sales Tax Fund shall at all times be collateralized in the manner and with the collateral required by the City for its own funds Section 1 4. Change in Depositor,/. The City reserves the right from time to time to change its official depository bank, and hereby agrees to give the Corporation thirty (30) days prior written notice of any such change in its official depository bank. ARTICLE II TRANSFER OF FUNDS Section 2.1. Collection of Economic Development Sales Tax (a) Until the Comptroller is able to determine and report the amount of the Economic Development Sales Tax levied for the benefit of the Corporation and any rebate, charge-back or adjustment thereof on a point of collection basis, the City will allocate a portion of the undivided sales and use tax receipts to the Corporation on the basis of the total sales and use taxes collected, multiplied by the pro rata portion of the Economic Development Sales Tax and divided by all other sales and use taxes received from the Comptroller by the City. In addition, the City will allocate the costs of any rebate or charge-back applicable to the undivided sales and use tax receipts between the City and the Corporation on a pro rata basis. (b) The Chairperson of the Board of Directors of the Corporation and the Director of Financial Services of the City shall take such actions as are required to cause the Economic Development Sales Tax to be delivered and transferred by the Comptroller to the City for use by the Corporation by the fastest and most economically feasible means available. Section 2.2. Revenue Fund. By resolution adopted by the Corporation on March 22, 2004 (the "Bond Resolution"), the Corporation established with the City's depository bank a fired designated in the Bond Resolution as the "Revenue Fund". Section2.3. Transfers to Revenue Fund Onorbeforethe25thdayofeachmonth, theCity shall direct the Depository to transfer funds on deposit in the Sales Tax Fund to the credit of the Revenue Fund, on behalf of the Corporation. The City shall cause the Depository to make such transfers within twenty-four (24) hours of receipt of such direction to the extent that there are moneys on deposit in the Sales Tax Fund to effect such transfer. -2- Section 2.4. Use of Money by Corporation. The Corporation agrees to use the moneys on deposit in the Revenue Fund in a manner consistent with the terms and conditions of the Bond Resolution. Section 25. Covenant of the City Recognizing that the Economic Development Sales Tax shall provide the security for the Corporation's bonds issued for the Baseball Stadium (as defined in the Bond Resolution), so long as such bonds are outstanding, the City covenants and agrees that it will take and pursue all possible action permitted by the Act and other applicable State law to cause the Economic Development Sales Tax to be levied and collected continuously at the rate of one- eighth of one percent or, to the extent permitted by law and necessary or desirable, at a higher rate, and the City ~vill not cause a reduction, abatement or exemption in the Economic Development Sales Tax or in the rate at which it is authorized to be collected ARTICLE iii MISCELLANEOUS Section 3.1. Depository Responsibilities. The Chairperson of the Board of Directors of the Corporation and the Director of Financial Services of the City shall develop procedures to ensure that the official depository bank of the City, as it may exist from time to time, shall be obligated to perform the duties detailed in this Agreement, and to that end the City agrees to incorporate into its agreement ~vith its official depository bank a covenant by the official depository bank that it will perform all duties and obligations as a depository as set forth in this Agreement and in the Bond Resolution. Section 3.2. Fees of Depository. In connection with the establishment and maintenance of the Sales Tax Fund, the Corporation agrees, subject to making the payments required by the provisions of the Bond Resolution pertaining to the funding of debt service and reserve requirements for the Corporation's bonds, to pay the reasonable costs and expenses of the Depository associated with the administration of the Sales Tax Fund and such costs and expenses, if any, shall never constitute a cost, liability, or obligation of the City. Section3.3. Severability. Ifax~y clause, provision, or sectionofthis Agreement shouldbe held illegal or invalid by any court of competent jurisdiction, the invalidity of such clause, provision, or section shall not affect any of the remaining clauses, provisions, or sections hereof and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or section had not been contained herein. In case any agreement or obligation contained in this Agreement should be held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the City and the Corporation, as the case may be, to the full extent permitted by law. -3- 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed in multiple counterparts, each of which shall be considered an original for all purposes, as of the day and year first set out above CITY OF CORPUS CHRISTI, TEXAS ATTEST: By City Manager City Secretary (CITY SEAL) CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ATTEST: By Chairperson, Board of Directors Secretary, Board of Directors -4- PROJECT AGREEMENT THIS PROJECT AGREEMENT dated as of ApriI 1,2004, (this "Contract") executed by and between the City of Corpus Christi, Texas (the "City") and the Corpus Christi Business and Job Development Corporation (the "Corporation") WITNESSETH: WHEREAS, the Corporation was created by the City pursuant to authority granted by Article 51906, Texas Revised Civil Statutes, as amended (the "Act"), specifically with the Corporation to possess the powers granted by Section 4A of the Act; and WHEREAS, at an election held on November 5, 2002 (the "Election"), a majority of the citizens of the City of Corpus Christi, Texas (the "City") voting at the Election authorized the City to levy a sales and use tax on the receipts at retail of taxable items within the City at a rate of one- eighth of one percent for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years from April 1, 2003, (the "Economic Development Sales Tax"); and WHEREAS, under authority of the Act, it is the intent of the Corporation to issue bonds (the "Bonds") for the purpose of financing eligible projects under the Act, particularly Section 4A thereof, and to secure said bonds with the Economic Development Sales Tax collected by the City under authority of Section 4A of the Act; and WHEREAS, on the date of the execution of this Contract, the Corporation has adopted a bond resolution (the "Resolution") and the City has approved the adoption of the Resolution by the Corporation, which Resolution has authorized the issuance of the Bonds for the purpose of financing the "Baseball Stadium" and for maintenance and operating costs of the Baseball Stadium for the life thereof(as so defined in the Resolution, the "Project") and the Corporation and the City have entered into a sales tax remittance agreement (the "Sales Tax Remittance Agreement") for the purpose of providing a mechanism for distributing the Economic Development Sales Tax between the Corporation and the City; and WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement to evidence the duties and responsibilities of the respective parties with respect to the construction and acquisition of the Project. NOW THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the City and the Corporation contract and agree as follows: Section 1. DEFINITIONS AND INCORPORATION OF PREAMBLES The terms and expressions used in this Contract, unless the context shows clearly otherwise, shall have meanings set forth herein, including terms defined in the Preambles hereto, which preambles are incorporated in and made a part hereof for all purposes, or, if not defined herein, such terms shall have the meanings given in the Resolution Section 2. OBLIGATION OF CORPORATION TO ACQUIRE. The Corporation agrees to pay, and will pay, all of the actual costs of acquiring, by purchase and construction, the Project, through the issuance of its Bonds to provide the money for such payment, all in the manner hereinafter described and as provided in the Resolution; and the Corporation, by such payment, will thus acquire the Project for the benefit of the City Section 3. THE RESOLUTION The proceeds from the sale of the Bonds will be used for the payment of all of the Corporation's costs and expenses in connection with the Project and the Bonds, including, without limitation, all financing, legal, printing, administrative, and other expenses and costs incurred in issuing its Bonds and acquiring the Project, and to fund a debt service reserve and the other funds required by the Resolution. Bonds will be issued by the Corporation in the amount of $ _, which amount, together with any cash contribution from the Corporation, is now estimated to be sufficient to cover all the aforesaid costs and expenses and other amounts required. However, should the Bond proceeds be insufficient for such purpose, the Corporation may use Economic Development Sales Tax revenues, to the extent they are in excess of amounts needed to pay debt service on the Bonds and to fund and maintain a reserve fund, to complete the Project in accordance with Section 11 of the Resolution and in accordance with Section 4 hereof. Section 4 ACQUISITION CONTRACTS. The City, acting on behalf of and as agent for the Corporation, will enter into such contracts as are necessary to provide for acquiring, by purchase and construction, the entire Project, and said contracts shall be executed as required by the laws applicable to the City The Corporation shall cause the amounts due under such contracts to be paid from the proceeds from the sale of the Bonds and any cash contribution from the Corporation. The Corporation shall deposit the proceeds from the sale of the Bonds into the Construction Fund in accordance with the Resolution. Said Construction Fund shall be used for paying the Corporation's costs and expenses incidental to the Bonds and to pay the costs of acquiring, by purchase and construction, the Project. All contracts and draws on the Construction Fund shall be approved by the Corporation and the City, and any form of written approval signed by the Chairperson of the Board of Directors of the Corporation or by the Director of Financial Services of the City will evidence the approval of the Corporation and the City for the purposes of this Section 4. Draws on the Construction Fund shall be made in accordance with Section 11 of the Resolution. Section 5. OWNERSHIP OF PROJECT. (a) The Corporation will provide, make available, and render, to and for the benefit of the City and its inhabitants, the facilities and services of the Project paid for and acquired by the Corporation pursuant to this Contract. It is agreed that the City always shall have control of the Project and its uses, including entering into long-term lease agreements with respect to the use of the Project. In consideration of the Corporation's acquiring, making available, and rendering to and for the benefit of the City and its inhabitants, the facilities and services of the Project, the City makes and agrees to comply with its covenams which are set forth in the Sales Tax Remittance Agreement. As further consideration, it is agreed that the City will have the sole responsibility for operating and maintaining the Project or causing the Project to be operated and maintained, and that funds for such purpose shall be made available to the City by the Corporation from the Economic Development Sales Tax, consistent with the proposition authorizing the levy and collection of the Economic Development Sales Tax approved by the citizens of the City at the November 5, 2002 election The City shall not be relieved of its covenants and obligations under the Sales Tax Remittance Agreement, notwithstanding the failure of the Corporation to acquire or construct all or any part of the Project. It is hereby provided that in further consideration of the covenants made by the City under this Section and under the Sales Tax Remittance Agreement, the City shall become the owner of the Project upon completion of the construction of each distinct portion of the Project, as more particularly described in Section 5(b) of this Contract. (b) After completion of the acquisition and construction of each identifiable portion of the Project, and when an identifiable portion of the Project is ready to be placed in service, the City shall inspect the same and if it is found by the City to have been acquired and constructed as required by this Contract, the City, acting by and through the City Manager of the City, shall notify the Corporation in writing that it has accepted the Project Upon such acceptance, all of the Corporation's right, title, and interest of every nature whatsoever in and to such portion of the Project automatically shall vest irrevocably in the City without the necessity of the execution of any convey- ance by the Corporation, and such transaction shall result in the automatic sale and delivery of such portion of the Project by the Corporation to the City, and the vesting of title to such portion of the Project in the City in consideration for the agreement of the City to perform its obligations required under this Contract. If requested in writing by the City, acting by and through the City Manager of the City, the Corporation will execute and deliver to the City an appropriate instrument acknowledging that such sale, delivery, and vesting of title has occurred, but such instrument shall not be necessary to effect the automatic sale, delivery, and vesting of title, which shall occur as described above. Until the acceptance of a portion of the Project by the City, all right, title, and interest in and to a portion of the Project shall be in the Corporation. After such acceptance and the resulting sale, delivery, and vesting of title in the City, the Corporation shall have no right, title, or interest in, or responsibility with respect to, a portion of the Project and the Corporation shall have no right to extend, improve or otherwise expend funds in the Construction Fund of the Resolution for such portion of the Project. Section 6. ACQUISITION. The City and the Corporation agree to proceed promptly with the acquisition, by purchase and construction, of the Project. The City and Corporation hereby covenant that they will make a diligent effort to complete such acquisition as soon as practicable. The City and the Corporation do not anticipate any delays in completing the acquisition of the Project, but the City and the Corporation shall not be liable to each other for any damages caused by any delays in completion of the Project. Section 7. USE OF CITY'S PUBLIC PROPERTY. By these presents, the City authorizes use by the Corporation of any and all real property, streets, alleys, public ways and places, and general utility or sewer easements of City for acquisition and construction of the Project. Section 8. FORCE MAJEURE. If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. It is specifically excepted and provided, however, that in no event shall any Force Majeure relieve the City of its obligation to transfer Economic Development Sales Tax revenues to the Corporation as required under the Sales Tax Remittance Agreement. Section 9 REGULATORY BODIES. This Contract and the Project shall be subject to all valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Section 10. TERM OF CONTRACT That the term of this Contract shall be for the period during which the Bonds or any interest thereon are outstanding and unpaid. [Execution Page Follows] 1N WITNESS WHEREOF, the Corporation and the City, acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the 1 st day of April, 2004, which is the date of this Contract. CITY OF CORPUS CHRISTI, TEXAS ATTEST: By City Manager City Secretary (CITY SEAL) CORPUS CHRISTi BUSINESS AND JOB DEVELOPMENT CORPORATION ATTEST: By Chairperson, Board of Directors Secretary, Board of Directors ,,,",.' ~Rts'j-;',,,, (c '-.~, '..2 . .';.~ .-- 5 $25,340,000' CORPUS CHRISTI BUSiNESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, SERIES 2004 (BASEBALL STADIUM PROJECT) PURCHASE CONTRACT April 1, 2004 Chairperson and Board of Directors Corpus Christi Business and Job Development Corporation 1201 Leopard Corpus Christi, Texas 78401 Ladies and Gentlemen: The undersigned (the "Underwriters"), acting through the Authorized Representative designated in Section 1 hereof (the "Authorized Representative"), offer to enter into the following agreement (this "Purchase Contract") with the CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION (the "Corporation ") which, upon your acceptance of this offer, will be binding upon you and upon the Underwriters. The offer contained herein is made subject to your acceptance of this Purchase Contract on or before 10:00 p.m., Corpus Christi, Texas time, on the date hereof and, if not so accepted, will be subject to withdrawal by the Underwriters upon notice delivered to the Corporation by the Underwriters at any time prior to the acceptance hereof by the Corporation. 1. Purchase and Sale of the Bonds. Upon the terms and conditions and upon the basis of the respective representations, warranties, and covenants set forth heroin, the Underwriters hereby agree to purchase from the Corporation, and the Corporation hereby agrees to sell and deliver to the Underwriters, all (but not less than all) of an aggregate of $25,340,000* original principal amount of CORPUS CHRISTI BUSiNESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, SERIES 2004 (BASEBALL STADIUM PROJECT) (the "Bonds"). The Bonds shall be dated April 1, 2004 and shall have the stated maturities, be offered at the prices, and bear interest at the rates per annum all as set forth in the Official Statement (hereinafter defined). Interest on the Bonds shall accrue from the date of Closing (hereafter defined) and will be payable initially on September 1, 2004 and on each March 1 and September 1 thereafter. In addition, the authorization for the Executive Director of the Corporation (the "Executive Director") to obtain a municipal bond insurance policy for the Bonds and a surety bond policy for the Reserve Fund for the Bonds is further described in Schedule I attached hereto. As provided in the Bond Resolution (hereafter defined), the Executive Director has been authorized by the Board of Directors of the Corporation to execute ' Preliminary, subject to change. this Purchase Contract based upon the information contained in Schedule I hereto. The purchase price for the Bonds is $ (representing an aggregate principal amount of $ of Bonds, plus a net original issue premium of $ , less the Underwriters' discount of $ ), and no accrued interest. Since a municipal bond insurance policy and a surety bond policy for the Reserve Fund have been obtained by the Corporation, the Underwriters, on behalf of the Corporation, shall also transfer, via federal funds wire, on the date of the Closing the amount of $ to the Insurer (heminafier defined) as the insurance premiums for the bond insurance policy and the surety bond policy. This amount shall reduce the purchase price for the Bonds and is being transferred to the Insurer by the Authorized Representative on the date of the Closing as an accommodation to the Corporation. The Bonds are to be issued pursuant to the provisions of Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act'), specifically Section 4A of the Act, and are secured under the provisions of a resolution dated March 22, 2004 authorizing their issuance and sale (the "Bond Resolution ") adopted by the Board of Directors of the Corporation (the "Board") on the date hereof. The Bonds are to bear interest, be subject to redemption, and be payable as provided in the Bond Resolution, all as described in the Official Statement referred to below. Capitalized terms not defined herein shall have the meanings assigned in the Bond Resolution. The Corporation and the City Council of the City of Corpus Christi, Texas (the "City") have entered into a Sales Tax Remittance Agreement (the "Financing Agreement") relating to the transfer of the Economic Development Sales Tax fi.om the City to the Corporation and a Project Agreement (the "Project Agreement') relating to the construction and transfer of the Project from the Corporation to the City. Morgan Keegan & Company, Inc. represents that it has been duly authorized to execute this Purchase Contract and has been duly authorized to act hereunder as the Authorized Representative. All actions which may be taken hereunder by the Underwriters may be taken by the Authorized Representative alone. In as much as this purchase and sale represents a negotiated transaction, the Corporation understands, and hereby confirms, that the Underwriters are not acting as a fiduciary of the Corporation, but rather are acting solely in their individual capacities as an underwriter for their own accounts. 2. Public Offering. The Underwriters agree to make a bona fide public offering of all of the Bonds at a price not to exceed the public offering price set forth on the inside cover page of the Official Statement and may subsequently change such offering price without any requirement of prior notice. The Underwriters agree, for the purpose of enabling the Corporation to comply with its obligations set forth in Section 5(1) of this Purchase Contract, to inform the Corporation of the date of expiration of the initial offering period for the Bonds. The Underwriters may offer and sell Bonds to certain dealers (including dealers depositing Bonds into investment trusts) and others at prices lower than the public offering price (or yields higher than the public offering yields) stated on the cover of the Official Statement. On or before Closing, the Authorized Representative shall execute the Issue Price Certificate attached hereto as Exhibit A verifying the initial offering prices to the public at which a substantial amount of each stated maturity of the Bonds was sold to the public. 45~1~6.2 -2- 3. Official Statement. The Bonds are described in the final Official Statement dated the date hereof, a substantially final version of which is attached hereto as Exhibit B. Such final Official Statement, together with the Appendices thereto, as further amended or supplemented only in the manner hereinafter provided, is herein referred to as the "Official Statement'. The Corporation hereby authorizes and approves the distribution and use by the Underwriters of the Official Statement in connection with the offering and sale of the Bonds. In addition, the Corporation hereby ratifies and approves the distribution of the Preliminary Official Statement dated March __, 2004 relating to the Bonds (the "Preliminary Official Statement') and its use by the Underwriters prior to the date hereof in connection with the offering and sale of the Bonds. The Corporation shall within seven days of the date hereof (exclusive of Saturdays, Sundays, and legal holidays) provide additional printed copies of the Official Statement in such form and number as the Underwriters may request in order to enable the Underwriters to comply with their obligations set forth in 17 C.F.R. Section 240.15c2-12 ("Rule 15c2-12'). In the event that the number of additional copies of the Official Statement supplied to the Underwriters pursuant to the immediately preceding sentence shall prove to be insufficient to enable the Underwriters to comply with their obligations under paragraph (b) of Rule 15c2-12, the Corporation agrees to make available from time to time such additional printed or photostatic copies of the Official Statement as may be required to enable the Underwriters to comply with their obligations under Rule 15c2-12, but at the expense of the Underwriters. Lastly, the Board hereby ratifies and approves the execution by the Chairperson of the Board or the Executive Director of a Rule 15c2-12 Certificate pertaining to the distribution of the Preliminary Official Statement. 4. Security Deposit. Delivered to the Corporation herewith is a corporate check of the Authorized Representative payable to the order of the Corporation in the mount of $260,000. The Corporation agrees to hold such check uncashed until the Closing to ensure the performance by the Underwriters of their obligations to purchase, accept delivery of, and pay for the Bonds at the Closing. Concurrently with the payment by the Underwriters of the purchase price of the Bonds at the Closing, the Corporation shall return such check to the Authorized Representative. Should the Corporation fail to deliver the Bonds at the Closing, or should the Corporation be unable to satisfy the conditions of the obligations of the Underwriters to purchase, accept delivery of, and pay for the Bonds, as set forth in this Purchase Contract (unless waived by the Authorized Representative), or should such obligations of the Underwriters be terminated for any reason permitted by this Purchase Contract, such check shall immediately be returned to the Authorized Representative. In the event the Underwriters fail (other than for a reason permitted hereunder) to purchase, accept delivery of, and pay for the Bonds at the Closing as herein provided, such check shall be retained by the Corporation as and for full liquidated damages for such failure of the Underwriters and for any defaults hereunder on the part of the Underwriters. Acceptance of such check by the Corporation shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults, and neither the Corporation nor any other person shall have any further action for damages, specific performance, or any other legal or equitable relief against the Underwriters. The Underwriters and the Corporation understand that in such event the Corporation's actual damages may be greater or may be less than such amount. Accordingly, the Underwriters hereby waive any right to claim that the Corporation's actual damages are less than such amount, and the Corporation's acceptance of this offer shall constitute a waiver of any right the Corporation may have to 45421446.2 -3- additional damages from the Underwriters. The Authorized Representative hereby agrees not to stop or cause paymem on said check to be stopped unless the Corporation has breached any of the terms of this Purchase Contract. 5. Representations and Warranties. The Corporation hereby represents and warrants to the Underwriters as follows: (a) The Corporation is a nonprofit industrial development corporation of the State of Texas created by the City pursuant to Section 4A of the Act, and is duly created, organized and existing in good standing under the laws of the State of Texas and the Act. (b) The Corporation has the power and is authorized under the laws of the State of Texas, including particularly the Act, to (i) issue the Bonds for the purposes for which they are to be issued, and (ii) enter into and perform this Purchase Contract, the Project Agreement, and the Financing Agreement. (c) The Corporation has the requisite right, power, and authority (i)to adopt the Bond Resolution authorizing the issuance of the Bonds and the execution and delivery of this Purchase Contract and the Project Agreement, (ii) to execute, deliver, and perform its obligations under this Purchase Contract, the Project Agreement, and the Financing Agreement, and (iii)to consummate the transactions described in such instruments and in the Official Statement, and the Corporation has complied with all provisions of applicable law in all matters relating to such transactions. (d) The information contained in the Preliminary Official Statement is as of the date hereof, and the information contained in the Official Statement as of the date of Closing will be, correct in all material respects, and such information does not contain and will not contain any untrue statement of a material fact and does not omit and will not omit to state a material fact required to be stated therein or necessary to make the statements in the Preliminary Official Statement, as of the date hereof, or in the Official Statement, as of the date of Closing, in light of the cimumstances under which they were made, not misleading. (e) The Corporation has duly authorized all necessary action to be taken by it for (i) the issuance and sale of the Bonds upon the terms set forth herein and in the Official Statement; (ii) the approval of the Official Statement and the signing of the Official Statement by a duly authorized officer(s); and (iii) the execution, delivery, and receipt of this Purchase Contract, the Bonds, the Project Agreement, the Financing Agreement, and any and all such other agreements and documents as may be required to be executed, delivered, and received by the Corporation in order to carry out, give effect to, and consummate the transactions described herein and in the Bonds, the Official Statement, the Project Agreement, and the Financing Agreement. (f) The Bond Resolution and the Financing Agreement are and, on the date of the Closing, will be in full force and, on the date of Closing, the Project Agreement will have been duly executed and delivered by the Corporation. The Bond Resolution is and, on the date of the Closing, will be the legal and valid act of the Corporation, and, 45421446.2 -4- assuming the due authorization, execution, and delivery of such instruments by the other parties thereto and their authority to perform such instruments, this Purchase Contract, the Project Agreement, and the Financing Agreement are, and, on the date of the Closing will be, the legal, valid, and binding agreements on behalf of the parties thereto, enforceable (assuming the due authorization and execution by the other parties to such documents) in accordance with their respective terms (except to the extent that such enforceability may be limited by bankruptcy, insolvency, reorganization, and similar laws affecting creditors' rights generally and general principles of equity). (g) The Bonds, when issued, delivered, and paid for as herein provided, will have been duly authorized, executed, and issued and will constitute legal, valid, and binding obligations of the Corporation entitled to the benefits of the Bond Resolution. (h) Except as otherwise disclosed in the Official Statement, there is no action, suit, proceeding, inquiry, or investigation at law or in equity or before or by any commission, public board, or body pending against the Corporation or, to the knowledge of the Corporation, threatened against or affecting the Corporation (or, to the knowledge of the Corporation, any basis therefor) contesting the due organization and valid corporate existence of the Corporation or wherein an unfavorable decision, ruling, or finding would adversely affect (i)the transactions described herein or in the Official Statement relating to the issuance of the Bonds by the Corporation, (ii) the validity or due adoption of the Bond Resolution, or the validity, due authorization, and execution of the Bonds, this Purchase Contract, the Project Agreement, the Financing Agreement, or any agreement or instrument to which the Corporation is a party and which is to be used in the consummation of the transactions described herein or in the Official Statement, (iii) the collection or application of the Economic Development Sales Tax pledged to pay the principal of and interest on the Bonds, or (iv) the federal tax-exempt status of the interest on the Bonds. Except as described in the Official Statement, the Corporation is not a party to any litigation or other proceeding pending or, to its knowledge, threatened, in any commission, agency, or other administrative body (either state or federal) which, if decided adversely to the Corporation, would have a materially adverse effect on the financial condition of the Corporation. (i) The authorization, execution, and delivery by the Corporation of the Official Statement, this Purchase Contract, the Bonds, the Project Agreement, the Financing Agreement, and the other documents described herein and in the Official Statement, the adoption of the Bond Resolution by the Corporation, the consummation of the transactions described herein and therein, and compliance by the Corporation with the provisions of such instruments, do not and will not conflict with or constitute on the part of the Corporation a breach of or a default under any provision of the Constitution of the State of Texas or the Act or any other existing law, commission or administrative decision, regulation, decree, or order or any agreement, indenture, mortgage, lease, or other instrument by which the Corporation or its properties are or, on the date of Closing, will be bound or affected. Other than the opinion of the Attomey General of the State of Texas approving the Bonds as required by law and the registration of the Bonds by the Comptroller of Public Accounts of the State of Texas (which approvals and registration shall have been duly obtained or effected on or before the date of the Closing), and other than such permits, consents, licenses, notices, and filings, if any, as may be required under the securities or blue sky laws of any jurisdiction as requested by the Underwriters (all of which, subject to Section 1 l(c) hereof, shall have been duly made or obtained on or before the date of the Closing), no permit, consent, license, notice, or filing with governmental authorities is necessary or required (i) to permit the Corporation to execute and deliver this Purchase Contract, the Financing Agreement, or the other instruments and documents described herein or therein, to perform its obligations hereunder and thereunder, or to consummate the transactions described herein or therein, or (ii) to issue and deliver the Bonds as described herein and in the Official Statement, or to perform in accordance with the terms hereof and thereof, or (iii)to adopt and enact the Bond Resolution, or to perform in accordance with the terms thereof, or to issue and sell the Bonds as therein and in the Official Statement provided. (k) The financial statements of the Corporation included in Appendix C to the Official Statement present fairly the financial position and the results of operations of the Corporation at the respective dates and for the respective periods indicated therein, in confomaity with generally accepted accounting principles applied on a consistent basis throughout the periods presented. (1) If, after the date of this Purchase Contract to and including the date the Underwriters are no longer required to provide an Official Statement to potential customers who request the same pursuant to Rule 15c2-12 (the earlier of (i) 90 days from the end of the underwriting period (as defined in Rule 15c2-12) and (ii) the time when the Official Statement is available to any person from a nationally recognized municipal securities repository, but in no case less than 25 days after the end of the underwriting period for the Bonds), the Corporation becomes aware of any fact or event which might or would cause the Official Statement, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make the statements therein, not misleading, or if it is necessary to amend or supplement the Official Statement to comply with law, the Corporation will notify the Authorized Representative (and for the purposes of this clause provide the Authorized Representative with such information as it may from time to time request), and if, in the reasonable opinion of the Authorized Representative, such fact or event requires preparation and publication of a supplement or amendment to the Official Statement, the Corporation will forthwith prepare and furnish, at the Corporation's own expense (in a form and manner approved by the Authorized Representative), a reasonable number of copies of either amendments or supplements to the Official Statement so that the statements in the Official Statement as so amended and supplemented will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading or so that the Official Statement will comply with law. If such notification shall be subsequent to the Closing, the Corporation shall furnish such legal opinions, certificates, instruments and other documents as the Authorized Representative may deem necessary to evidence the truth and accuracy of such supplement or amendment to the Official Statement. 45421446.2 -6- (m) Between the date of this Purchase Contract and the date of the Closing the Corporation shall disclose to, discuss with, and provide any information reasonably requested by the Underwriters in connection with any breach, default, or failure to comply, of whatever nature and of which the Corporation has knowledge, regarding any law, loan agreement, indenture, or other agreement to which the Corporation is a party or to which the Corporation or any of the property or assets of the Corporation is otherwise subject. (n) The Corporation has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the Corporation is a bond issuer whose arbitrage certificates may not be relied upon. (o) To the best of the knowledge and belief of the Corporation, the Preliminary Official Statement contains information, including financial information on operating data, concerning every entity, enterprise, fund, account, or person that is material to an evaluation of the offering of the Bonds; and the Corporation has entered into previous continuing disclosure undertakings (the "Undertaking') in a written contract or agreement specified in Rule 15c2-12 (b)(5)(i) and has not failed to comply with any such Undertaking in any material respect. (p) The Bonds conform to the descriptions thereof contained in the Official Statement under the caption "THE BONDS"; the Bond Resolution conforms to the description thereof contained in the Official Statement under the caption "THE BONDS"; the proceeds of the sale of the Bonds will be applied generally as described in the Official Statement under the caption "SOURCES AND USES OF FUNDS" and the Undertaking conforms to the description thereof contained in the Official Statement under the caption "CONTINUING DISCLOSURE OF INFORMATION." (q) Between the date of this Purchase Contract and the Closing, the Corporation will not, without the prior written consent of the Underwriters, issue any additional bonds, notes or other obligations for borrowed money payable in whole or in part from the revenues of the Corporation's Economic Development Sales Tax levied by the City and transferred to the Corporation pursuant to the Act, nor will there be any adverse change of a material nature in the financial position of the Corporation. (r) The Corporation will apply, or cause to be applied, the proceeds from the sale of the Bonds as provided in and subject to all of the terms and provisions of the Bond Resolution and not to take or omit to take any action which action or omission will adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Bonds. (s) Any certificate, signed by any official of the Corporation authorized to do so in connection with the transactions contemplated by this Purchase Contract, shall be deemed a representation and warranty by the Corporation to the Underwriters as to the statements made therein. 45~1~6.2 -7- (t) Between the date of this Purchase Contract and the date of the Closing the Corporation shall disclose to, discuss with, and provide any information reasonably requested by the Underwriters in connection with any breach, default, or failure to comply, of whatever nature and of which the Corporation has knowledge, regarding any law, loan agreement, indenture, or other agreement to which the Corporation is a party or to which the Corporation or any of the property or assets of the Corporation is otherwise subject. 6. Representations and Covenants. The Authorized Representative hereby agrees to file the Official Statement with a nationally recognized municipal securities information repository. Unless otherwise notified in writing by the Authorized Representative, the Corporation can assume that the end of the underwriting period for purposes of Rule 15c2-12 is the date of the Closing. 7. Delivery of, and Payment for, the Bonds. The consummation of the sale of the Bonds to the Underwriters (the "Closing") shall be held at such location or locations as may be mutually agreed upon by the Corporation and the Underwriters. The Closing shall be held at the offices of McCall, Parkhurst & Horton L.L.P., 717 North Harwood, Suite 900, Dallas, Texas 75201 at 9:00 a.m., Dallas, Texas time, on April 27, 2004, or at such other time or date as shall be mutually agreed upon by the Corporation and the Authorized Representative. Subject to the conditions stated herein, at the Closing, the Corporation will deliver, or cause to be delivered, to the Underwriters the Bonds (being one initial Bond per maturity) in temporary form, duly executed and registered as hereinafter provided, together with the other documents hereinafter mentioned, and the Underwriters will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof in immediately available fimds by check or wire transfer to or for the account of the Corporation. It is anticipated that the definitive Bonds shall be issued in the form of one typewritten or printed bond for each maturity, registered in the name of Cede & Co., as the registered owner and nominee for The Depository Trust Company, New York, New York ("DTC") in the same aggregate principal amount of the Bonds. Delivery of the Definitive Bonds as aforesaid shall be made at the place in New York, New York, designated by DTC. The Corporation will have the opinion of Bond Counsel attached to or printed on the Bonds. The definitive Bonds shall be in fully registered form, bear proper CUSIP numbers, and be in authorized denominations and registered in such names and in such amounts as the Underwriters may request. The definitive Bonds shall be made available to the Underwriters for checking and packaging not less than two full business days prior to the Closing. In lieu of the foregoing, such Bonds shall be held in safe custody by the paying agent/registrar or any authorized agent for the paying agent/registrar. The paying agent/registrar shall release or authorize the release of such Bonds at the Closing from safe custody to the Underwriters upon receipt by the Corporation of payment for the Bonds as provided herein. In addition, the Corporation and the Under, vriters agree that there shall be a preliminary Closing held at such place as the Corporation and the Authorized Representative shall mutually agree, commencing at least 24 hours prior to the Closing; provided, however, in lieu of this preliminary closing Bond Counsel may provide the counsel to the Underwriters with a complete Transcript of Proceedings on the business day preceding the Closing. Drafts of all documents to 45421446.2 -8- be delivered at the Closing shall be prepared and distributed to the parties and their counsel for review at least three business days prior to the Closing. 8. Certain Conditions to Underwriters' Obligations. The obligations of the Underwriters hereunder are subject to the satisfaction on or before the date of the Closing of each of the following conditions (unless waived by the Underwriters in writing): (a) The representations and warranties of the Corporation contained herein or on any certificate or other document delivered pursuant to the provisions hereof shall be tree on and as of the date of the Closing as though such representations and warranties were made on and as of the date of the Closing. (b) The Corporation shall have performed and complied with all agreements and conditions required by this Purchase Contract to be performed or complied with by it prior to or on the date of the Closing. (c) At the time of the Closing, the Bond Resolution, the Project Agreement and the Financing Agreement shall be in full force and effect, and neither the Bond Resolution, the Project Agreement nor the Financing Agreement shall have been amended, modified, or supplemented, and the Official Statement shall not have been amended, modified, or supplemented, except as may have been agreed to in writing by the Underwriters. (d) At the time of the Closing, all official action of the Corporation related to the Bond Resolution shall be in full fome and effect and shall not have been amended, modified, or supplemented. (e) The Corporation shall not have failed to pay principal or interest when due on any of its outstanding obligations for borrowed money. (f) Except as described in the Official Statement, no suit, action, investigation, or legal or administrative proceeding shall be threatened or pending before any commission or governmental agency which is likely to result in the restraint, prohibition, or the obtaining of damages or other relief in connection with the issuance of the Bonds or the consummation of the transactions described herein, or which, in the opinion of the Underwriters, would have a materially adverse effect on the transactions described herein. (g) All steps to be taken and all instruments and other documents to be executed, and all other legal matters in connection with the transactions described in this Purchase Contract shall be reasonably satisfactory in legal form and effect to counsel for the Underwriters. (h) At or prior to the Closing, the Underwriters shall have received two (2) executed copies of each of the following documents: (I) the opinion, dated the date of the Closing, of McCall, Parkhurst & Horton L.L.P., Dallas, Texas as bond counsel ("Bond Counsel"), in substantially 45~1~6.2 -9- the form attached in the Official Statement as Appendix D relating to the Bonds; provided, however that such opinion may be modified, if deemed necessary by Bond Counsel and subject to Section 10 (xii) of this Purchase Contract, as a result of the final promulgation of Internal Revenue Service Circular 230, 68 Fed. Reg. 75,186 (2003) (to be codified at 31 C.F.R. pt. 10) ("Circular 230"); (2) the supplemental opinion of Bond Counsel in substantially the form attached hereto as Exhibit C; (3) an opinion, dated the date of the Closing, of Fulbright & Jaworski L.L.P., San Antonio, Texas, counsel for the Underwriters, in substantially the form of Exhibit D hereto; (4) an opinion, dated the date of the Closing, of the City Attomey in the substantially form attached hereto as Exhibit E hereto; (5) an opinion, dated the date of the Closing, dated the date of Closing, of the general counsel to (the "Insurer") addressed to the Underwriters, Bond Counsel, counsel to the Underwriters, the fmancial advisors to the Corporation, and the Corporation in a form satisfactory to Bond Counsel and counsel to the Underwriters; (6) a certificate of the Corporation, dated the date of the Closing and signed on its behalf by a duly authorized officer or official of the Board, acting solely in his official capacity, in form satisfactory to Bond Counsel and counsel to the Underwriters, to the effect that (a) the representations and warranties of the Corporation herein, or in any certificate or document delivered by the Corporation pursuant to the provisions hereof, are true and correct in all material respects on and as of the date of the Closing as though such representations and warranties were made on and as of the date of the Closing, (b) all agreements or conditions to be performed or complied with by the Corporation hereunder to effect the delivery of the Bonds on or prior to the date of the Closing have been performed or complied with, and (c) there has not been any materially adverse change in the financial condition of the Corporation since July 31, 2003; (7) the Official Statement executed on behalf of the Corporation by the Chairperson and the Secretary by manual or facsimile signatures; (8) a copy of the Bond Resolution and all other orders, ordinances, or resolutions or other proceedings of the Corporation authorizing the issuance and sale of the Bonds and the execution and delivery of this Purchase Contract, the Official Statement, the Project Agreement, and the Financing Agreement in each case certified by the Secretary of the Board, as having been duly adopted and being in full force and effect and as being true, accurate, and complete copies thereof; (9) the unqualified opinion, dated on or prior to the date of the Closing, of the Attorney General of the State of Texas (the "Attorney General -10q relating to the legality and validity of the Bonds, and approving the Bonds as required by law; (10) evidence satisfactory to the Underwriters that the Bonds have been registered by the Comptroller of Public Accounts of the State of Texas as required by law; (11) a letter from Moody's Investors Sen, ice, Inc., Standard & Poor's Ratings Group, and Fitch Ratings indicating a rating for the Bonds which is not lower than "Aaa", "AAA" or "AAA", respectively, based upon the issuance of the bond insurance policy by the Insurer; (12) a certificate, dated the date of the Closing, executed by a duly authorized officer or official of the Board, acting solely in his official capacity, to the effect that (i)except to the extent disclosed in the Official Statement, no litigation to which the Corporation is a party is now pending before any federal or state court, or administrative body, or to his knowledge threatened, that seeks to restrain or enjoin the issuance or delivery of the Bonds or questioning the issuance or sale of the Bonds, or the authority or action of the governing body of the Corporation relating to the issuance or sale of the Bonds, or the levy, collection, or application of the Economic Development Sales Tax pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or that would otherwise adversely affect in a material manner the financial condition of the Corporation to pay the principal of and interest on the Bonds; and neither the corporate existence or boundaries of the Corporation nor the right to hold office of any member of the governing body of the Corporation or any other elected or appointed official of the Corporation is being contested or otherwise questioned, or in any way contesting or affecting the validity of the Bonds, the Bond Resolution, the Financing Agreement, the Project Agreement, or this Purchase Contract, or contesting the powers of the Corporation to issue the Bonds, or contesting authorization of the Bonds, or the Bond Resolution, or contesting in any way the accuracy, completeness, or fairness of the Preliminary Official Statement (to the extent not modified by the Official Statement) or the Official Statement; and (ii) to the best of such person's knowledge, no event affecting the Corporation has occurred since the date of the Official Statement which should be disclosed therein for the purpose for which it is to be used or which it is necessary to be disclosed therein in order to make the statements and information therein not misleading in any respect; (13) a certificate of the Corporation, dated the date of the Closing, and signed by an authorized representative of the Corporation in the form approved by Bond Counsel and satisfactory to the Authorized Representative and Underwriters' counsel, with respect to arbitrage matters relating to the Bonds; (14) a policy of bond insurance from the Insurer, which unconditionally and irrevocably guarantees the full, complete, and timely payment of an amount equal to the principal of and interest on the Bonds and a surety bond policy relating to the Reserve Fund, along with the customary closing certificates executed by the Insurer; (15) a certificate of the City, dated the date of Closing and signed on its behalf by a duly authorized officer or official of the City, acting solely in his official capacity, in form satisfactory to Bond Counsel and counsel to the Undenvriters, to the effect that the November 5, 2002 election authorizing the imposition of the Economic Development Sales Tax was duly held and conducted and that preclearance of this election by the United States Department of Justice was obtained; (16) a certificate from the authorized representative of the City relating to certain matters with respect to the City, the Economic Development Sales Tax, the Financing Agreement, the Project Agreement, the City's Resolution (hereinafter defined) and the issuance of the Bonds; (17) the certificate of existence and a good standing certificate dated within thirty days of the closing relating to the Corporation; and (18) the resolution adopted by the City Council of the City on March 23, 2004 (the "City's Resolution") approving the Project Agreement, the Financing Agreement and the issuance of the Bonds. (i) The Underwriters shall receive such additional legal opinions, certificates, proceedings, instruments, and other documents as counsel to the Underwriters or Bond Counsel may reasonably request to evidence compliance by the Corporation with legal requirements, the truth and accuracy, as of the time of Closing, of the representations and warranties of the Corporation contained herein, and the due performance or satisfaction by the Corporation at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the Corporation. (j) The Corporation shall have returned the corporate check of the Authorized Representative delivered to the Corporation pursuant to Section 4 hereof. (k) The Underwriters shall receive such additional legal opinions, certificates, proceedings, instruments, and other documents as counsel to the Underwriters or Bond Counsel may reasonably request to evidence compliance by the Corporation with legal requirements, the troth and accuracy, as of the time of Closing, of the representations and warranties of the Corporation contained herein. All such opinions, certificates, letters, agreements, and documents will be in compliance with the provisions hereof only if they are satisfactory in form and substance to the Underwriters and their counsel and to Bond Counsel. The Underwriters shall be e~ntitled to receive such conformed copies or photocopies of such opinions, certificates, letters, agreements, and documents as the Underwriters may reasonably request. 9. Conditions to Obligations of the Corporation. The obligations of the Corporation hereunder to deliver the Bonds shall be subject to receipt on or before the date of the Closing of 45421446.2 -12- the purchase price set forth in Section 1 hereof, the opinion of Bond Counsel described in Section 8(h)(1) hereof, and the opinion of the Attorney General of Texas described in Section 8(h)(9) hereof. 10. Termination. The Underwriters shall have the right to cancel their obligation to purchase the Bonds if, between the date hereof and the Closing, (i) legislation shall be enacted or recommended to the Congress for passage by the President of the United States, or favorably reported for passage to either House of the Congress by any committee of such House to which such legislation has been referred for consideration, a decision by a Commission of the United States or the United States Tax Commission shall be rendered, or a ruling, regulation, or statement by or on behalf of the Treasury Department of the United States, the Internal Revenue Service, or other governmental agency shall be made or proposed, the effect of any or all of which would be to impose directly or indirectly federal income taxation upon interest received on obligations of the general character of the Bonds or upon income of the general character to be derived by the Corporation in such a manner as, in the reasonable opinion of the Underwriters, would materially adversely affect the market price of the Bonds, or the market price generally of obligations of the general character of the Bonds, or (ii) there shall exist any event which, in the reasonable judgment of the Underwriters, either (a) makes untrue or incorrect in any material and adverse respect any statement or information contained in the Official Statement or (b) is not reflected in the Official Statement but should be reflected therein in order to make the statements and information contained therein not misleading in any material respect, or (iii)there shall have occurred any national or intemational calamity or crisis, including, without limitation, financial crisis, or a financial crisis or a default with respect to the debt obligations of, or the institution of proceedings under the federal or the state bankruptcy laws by or against the State of Texas or any political subdivision, agency, or instrumentality of the State of Texas, the effect of which on the financial markets of the United States being such as, in the reasonable judgment of the Underwriters, would make it impracticable for the Underwriters to market the Bonds or to enforce contracts for the sale of the Bonds, or (iv) there shall have occurred any (a) new material outbreak of hostilities (including, without limitation, an act of terrorism) or (b) new material other national or international calamity or crisis, or any material adverse change in the financial, political or economic conditions affecting the United States, including, but not limited to, an escalation of hostilities that existed prior to the date hereof and the effect of any such event on the financial markets of the United States, shall be such as would make it impracticable, in the reasonable judgment of the Underwriters, for the Underwriters to sell the Bonds on the terms and in the manner contemplated by the Official Statement, or (v) there shall be in force a general suspension of trading on the New York Stock Exchange, or (vi) a general banking moratorium shall have been declared by either federal, Texas, or New York authorities, or (vii) there shall have occurred any materially adverse change in the affairs or financial condition of the Corporation, except for changes which the Official Statement discloses have occurred or may occur, or (viii) legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which, in the written opinion of counsel for the Underwriters delivered to the Underwriters and the Corporation, has the effect of requiring the contemplated distribution of the Bonds to be registered under the Securities Act of 1933, as amended, or requiring the Bonds or the Bond Resolution or any other document relating to the Bonds or transactions described herein to be qualified under the Trust Indenture Act of 1939, as amended, or (ix) a stop order, ruling, regulation, or official statement by or on behalf of the Securities and Exchange Commission shall be issued or made to the effect that the issuance, 45421446.2 - 1 3- offering, or sale of the Bonds, or of obligations of the general character of the Bonds, is in violation of any provision of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or the Trust Indenture Act of 1939, as amended, or (x) any state blue sky or securities commission or other governmental agency or body in a state in which Bonds shall have been sold shall have withheld registration, exemption, or clearance of the offering of the Bonds as described herein, or issued a stop order or similar ruling relating thereto, and in the reasonable judgment of the Underwriters, the market for the Bonds would be materially affected thereby, or (xi) the Constitution of the State of Texas shall be amended, or an amendment shall be proposed, or legislation shall be enacted, or a decision shall have been rendered as to matters of Texas law, or any order, ruling, or regulation shall have been rendered as to or on behalf of the State of Texas by an official, agency, or department thereof, affecting the tax status of the Corporation, its property or income, its bonds (including the Bonds), or the interest thereon, which in the reasonable judgment of the Underwriters would materially affect the market price of the Bonds, or (xii) as a result of the fmal promulgation of Circular 230, the opinion of Bond Counsel delivered varies materially from the form or substance of the Bond Counsel opinion attached to the Official Statement such that, in the opinion of the Authorized Representative, reasonably exercised, the marketability of the Bonds or the market price of the Bonds is adversely affected. If the Corporation shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of, and to pay for the Bonds contained in this Purchase Contract, or if the obligations of the Underwriters to purchase, to accept delivery of, and to pay for the Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate and be of no further force or effect, and neither the Underwriters nor the Corporation shall be under further obligation hereunder, except that the respective obligations of the Corporation and the Underwriters set forth in Sections 12, 13, 14, 15, and 17 hereof shall continue in full force and effect. In addition, the Corporation shall promptly return the corporate check of the Authorized Representative delivered to the Corporation pursuant to Section 4 hereof. 11. Particular Covenants of the Corporation. The Corporation covenants and agrees with the Underwriters as follows: (a) Subject to the limitations contained in paragraph 5(1) hereof, the Corporation shall cooperate with the Underwriters in amending or supplementing the Official Statement whenever requested by the Underwriters if, in the reasonable judgment of the Authorized Representative, such amendment or supplement is required. (b) The Corporation shall not revise, amend, or supplement the Official Statement unless such revision, amendment, or supplement has been previously approved by the Authorized Representative. (c) The Corporation shall cooperate with the Underwriters and their counsel in any endeavor to qualify the Bonds for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriters may reasonably request, and to maintain such qualifications in effect until the distribution of the Bonds described in the Official Statement shall have been completed; provided, however, the 45~1~6.2 -14- Corporation shall not be required to qualify as a foreign corporation or file a general written consent to suit or to file a general written consent to service of process in any jurisdiction. The Corporation consents to the use of the Bond Resolution, the Preliminary Official Statement, and the Official Statement by the Underwriters in obtaining such qualifications. (d) Any certificate or other instrument or document signed by an authorized officer or agent of the Corporation and delivered to the Underwriters pursuant to the terms and provisions hereof shall be deemed to be a representation and warranty made by the Corporation to the Underwriters as to the statements made therein. (e) From and after the date of this Purchase Contract through and including the time of the Closing, the Corporation will not, without the prior written consent of the Underwriters, issue any additional bonds, notes, or other obligations for borrowed money, incur any material liabilities, direct or contingent, payable from or secured by any of the revenues or assets that will secure the Bonds. (f) If, at any time prior to the time of the Closing as herein provided, an event of which the Corporation has knowledge occurs affecting the Corporation which is materially adverse for the purpose for which the Official Statement is to be used and is not disclosed in the Official Statement, the Corporation shall notify the Authorized Representative, and if, in the opinion of the Corporation and the Authorized Representative, such event requires a supplement or amendment to the Official Statement, the Corporation shall supplement or amend the Official Statement in a form and in a manner approved by the Underwriters, counsel to the Underwriters, and Bond Counsel to the Corporation. 12. Survival of Representations. All representations, warranties, and agreements of the Corporation hereunder or in any certificate delivered pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters, and shall survive the delivery of and payment for the Bonds and any termination of this Purchase Contract by the Underwriters pursuant to the terms hereof. 13. Payment of Expenses. Costs related to the issuance and sale of the Bonds, including, but not limited to, costs of preparation, printing, and mailing of the Bonds, the Preliminary Official Statement, and the Official Statement, the fees and expenses of Coastal Securities, the financial advisor to the Corporation, any fees and expenses owed by the City, postage, the fees and costs of Paying Agent/Registrar, the cost of obtaining credit ratings on the Bonds, the fees of the Attorney General, the Insurer's premiums for the bond insurance policy and surety bond policy (which may be transmitted by the Authorized Representative to the Insurer as described in Section 1 hereof), any other persons retained by the Corporation relating to this transaction, and the fees and disbursements of Bond Counsel to the Corporation, shall be paid out of the proceeds of the Bonds or other funds of the Corporation. The Underwriters shall pay for their costs related to the purchase of the Bonds, including, without limitation, appropriate advertising expenses and the fees and expenses of their counsel. 45421446.2 - ! 5 - 14. No Personal Liability. None of the members of the Board, nor any officer, agent, or employee of the Corporation, shall be charged personally by the Underwriters with any liability, or be held liable to the Underwriters under any term or provision of this Purchase Contract, or because of execution or attempted execution, or because of any breach or attempted or alleged breach, of this Purchase Contract. 15. Continuing Disclosure Agreement. The Corporation will agree in the Bond Resolution to provide certain periodic information and notices of material events in accordance with Securities and Exchange Commission Rule 15c2-12, as described in the Official Statement under "CONTINUING DISCLOSURE OF INFORMATION". The Authorized Representative has reviewed the agreement as set forth in the Bond Resolution and the Underwriters' obligation to accept and pay for the Bonds is conditioned upon delivery to the Underwriters or their agent of a certified copy of the Bond Resolution containing the agreement described under such heading. 16. Notices. Any notice or other communication to be given to the Corporation under this Purchase Contract may be given by delivering the same in writing at its address set forth above, Attention: Chairperson and any notice or other communication to be given to the Underwriters under this Purchase Contract may be given by delivering the same in writing to: Morgan Keegan & Company, Inc., 5956 Sherry Lane, Suite 1900, Dallas, Texas 75225 Attention: Mr. Tom Oppenheim. 17. Parties in Interest.. This Purchase Contract is made solely for the benefit of the Corporation and the Underwriters (including the successors or assigns of the Underwriters), and no other person shall acquire or have any right hereunder or by virtue hereof. This Purchase Contract shall constitute the entire agreement between us and is made solely for the benefit of the Corporation and the Underwriters (including successors or assigns of the Underwriters) and no other person shall acquire or have any right hereunder or by virtue hereof. This Purchase Contract may not be assigned by the Corporation. All of the Corporation's representations, warranties and agreements contained in this Purchase Contract shall remain operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Underwriters; (ii) delivery of and payment for the Bonds pursuant to this Purchase Contract; and (iii) any termination of this Purchase Contract. 18. Governing Law and Choice of Law. This Purchase Contract shall be govemed by and construed in accordance with the laws of the State of Texas and the United States of America. 19. Business Day. For purposes of this Purchase Contract, business day means any day on which the New York Stock Exchange is open for trading. 20. Status of the Underwriters. It is understood and agreed that for all purposes of this Purchase Contract and the transactions contemplated hereby the Underwriters have, in their role as underwriters, acted solely as independent contractors and have not acted as a financial or investment advisor, fiduciary or agent to or for the Corporation, whether directly or indirectly through any person. The Corporation recognizes that the Underwriters expect to profit fi.om the acquisition and potential distribution of the Bonds. 45421446.2 -16- 2 I. General. This Purchase Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which will constitute one and the same instrument. The section headings of this Purchase Contract are for convenience of reference only and shall not affect its interpretation. This Purchase Contract shall become effective upon your acceptance hereof and delivery of a signed copy of this Purchase Contract to the Authorized Representative. [Executt'on page follows.] 45421446.2 ' 1 7- Very truly yours, MORGAN KEEGAN & COMPANY, INC. RBC DAIN RAUSCHER INC. BANC OF AMERICA SECURITIES LLC MORGAN KEEGAN & COMPANY, INC. By: Title: Accepted and agreed to as of the date first above written: CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION By: Executive Director 45421446.2 S-1 Maturity (September 1) SCHEDULE 1 PRICING INFORMATION Principal Amount Interest Rate Yield The Bonds shall be dated April 1, 2004 and interest shall accrue from the date of initial delivery of the Bonds to the Underwriters and shall be payable initially on September I, 2004, and each March 1 and September 1 thereafter until stated maturity or prior redemption. The City reserves the right to redeem, prior to maturity, those Bonds maturing on and after September 1, __, in whole or in part from time to time, on September 1, , and on any date thereafter, at a price of par plus accrued interest to the date fixed for redemption, and without premium. THE BONDS are also subject to mandatory redemption in part by lot pursuant to the terms of the Resolution, on September 1 in each of the years __ and ___, with respect to Bonds maturing September 1, __, in the following years and in the following amounts, at a 45421446.2 Schedule I price equal to the principal amount thereof and accrued and unpaid interest to (but excluding) the date of redemption, without premium: Year Principal Amount ($) * Final Maturity The principal amount of the Bonds subject to sinking fund redemption required to be redeemed on any mandatory sinking fund redemption date shall be reduced at the option of the Issuer by the principal amount of such Bonds which, at least fifty (50) days prior to the mandatory sinking fund redemption date, shall have been acquired by the Issuer, and delivered to the Paying Agent/Registrar for cancellation or shall have been redeemed pursuant to the optional redemption provisions of this Bond and not previously credited to the mandatory sinking fund redemption; provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, the particular Bonds to be called for mandatory redemption shall be selected in accordance with the arrangements between the Issuer and the securities depository. The Executive Director is authorized to secure a bond insurance policy and debt service reserve surety bond policy for the Bonds from for a combined premium not to exceed $ 45421446.2 Schedule I EXHIBIT A ISSUE PRICE CERTIFICATE The undersigned hereby certifies with respect to the sale of the "Corpus Christi Business And Job Development Corporation Sales Tax Revenue Bonds, Series 2004 (Baseball Stadium Project)" in the aggregate original principal amount of $ (the "Bonds") as follows: 1. The undersigned is the underwriter or the manager of the syndicate of underwriters which has purchased the Bonds fi.om the Corpus Christi Business and Job Development Corporation (the "Corporation ") at a negotiated sale. 2. The undersigned and/or one or more other members of the underwriting syndicate, if any, have made a bona fide offering to the public of the Bonds of each stated maturity at the respective prices set forth below. 3. The initial offering price (expressed as a percentage of principal amount or yield and exclusive of accrued interest) for the Bonds of each stated maturity at which a substantial amount (at least 10%) of the Bonds of such stated maturity was sold to the public is as set forth below: Principal Amount at Year of Offering Price Stated Maturity ($) Stated Maturity or Yield (%) 45421446.2 A-1 Principal Amount at Year of Offering Price Stated Maturity ($) Stated Maturity or Yield (%) 4. The term "public", as used herein, means persons other than bondhouses, brokers, dealers, and similar persons or organizations acting in the capacity of underwriters or wholesalers. such sales. The offering prices described above reflect current market prices at the time of 6. The CUSIP number of the Bond with the latest stated maturity is 7. The undersigned understands that the statements made herein will be relied upon by the Corporation in its efforts to comply with the conditions imposed by the Internal Revenue Code of 1986, as amended, and by Bond Counsel in rendering their legal opinion concerning the excludability of interest on the Bonds from the gross income of their owners. EXECUTED AND DELIVERED this Morgan Keegan & Company, Inc. By: Title: 45421446.2 A-2 EXHIBIT B Official Statement 45421446.2 B-1 EXHIBIT C [Supplemental Opinion of Bond Counsel] April 27, 2004 Corpus Christi Business and Job Development Corporation 1201 Leopard Corpus Christi, Texas 78401 City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 Morgan Keegan & Company, Inc., as Authorized Representative of a Group of Underwriters 5956 Sherry Lane, Suite 1900 Dallas, Texas 75225 Ladies and Gentlemen: We have served as bond counsel to the Corpus Christi Business and Job Development Corporation (the "Corporation ") in connection with the issuance of the "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Bonds, Series 2004 (Baseball Stadium Project)", in the original principal amount of $ (the "Bonds") pursuant to the provisions of a resolution duly adopted by the Board of Directors of the Corporation on March 22, 2004 (the "Bond Resolution "). The Financing Agreement, the Purchase Contract, the Project Agreement, and the Paying Agent Agreement are referred to herein as the "Issuer Documents". Capitalized terms not otherwise defined in this opinion have the meanings assigned in the heminaRer defined Purchase Contract. In our capacity as bond counsel to the Corporation, we have reviewed the following: 1. a certified copy of the Bond Resolution; 2. an executed counterpart of the Purchase Contract dated April 1, 2004 (the "Purchase Contract") between the Corporation and the Underwriters named in such Purchase Contract; 3. an executed counterpart of the Sales Tax Remittance Agreement dated as of April 1, 2004 (the "Financing Agreement") between the Corporation and the City of Corpus Christi, Texas (the "City"); 4. an executed counterpart of the Project Agreement dated as of April 1, 2004 (the "Project Agreement") between the Corporation and the City; 5. an executed counterpart of the Paying Agent/Registrar Agreement dated as of April 1, 2004 (the "Paying Agent Agreement") between the Corporation and JPMorgan Chase Bank, Dallas, Texas; 45~1~6.2 C-1 6. a copy of the Official Statement dated April 1, 2004; 7. the resolution adopted by the City Council of the City on March 23, 2004 (the "City's Resolution ") approving the issuance of the Bonds and authorizing the execution of and approving the Financing Agreement, the Purchase Contract, and the Project Agreement; 8. such other agreements, documents, certificates, opinions, letters, and other papers as we have deemed necessary or appropriate in rendering the opinions set forth below; and 9. Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act"), and such other provisions of the Constitution and laws of the State of Texas and the United States of America as we believe necessary to enable us to render the opinions herein contained. In making our review, we have assumed the authenticity of all documents and agreements submitted to us as originals, conformity to the originals of all documents and agreements submitted to us as certified or photostatic copies, the authenticity of the originals of such latter documents and agreements, and the accuracy of the statements contained in such documents. Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set forth, we are of the opinion that under the applicable laws of the United States of America and the State of Texas in force and effect on the date hereofi 1. The Corporation has duly adopted and enacted the Bond Resolution in accordance with the Act; the Corporation has full legal right, power, and authority to enter into the Issuer Documents, to adopt the Bond Resolution, and to issue, sell, and deliver the Bonds to the Underwriters as provided in the Purchase Contract; the Corporation has duly authorized and approved the execution and the delivery of, and the performance by the Corporation of the obligations contained in, the Bonds, the Issuer Documents, and the Bond Resolution, and all other transactions contemplated by the Official Statement in connection with the issuance of the Bonds; the Corporation has complied with, and is in compliance with Texas law in all respects regarding, the sale, issuance, and delivery of the Bonds, including the provisions relating to its obligations under the Act, the Bond Resolution, the Bonds, and the Issuer Documents; and assuming the due authorization, execution, and delivery by the other contracting parties to the Issuer Documents, the Bond Resolution and the Issuer Documents constitute valid, legal, and binding agreements of the Corporation, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization or other laws relating to or affecting the rights of creditors generally and general equitable principles. 2. The Bonds are not subject to registration under the Securities Act of 1933, as amended, and the Bond Resolution is not required to be qualified under the Trust Indenture Act of 1939, as amended. 3. The statements in the Official Statement, insofar as they describe the Bonds and the Bond Resolution (except for any f'mancial, technical, or statistical data therein), under the captions "THE BONDS", "REGISTRATION", "TAX MATTERS", "LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS", "CONTINUING DISCLOSURE OF INFORMATION" (except under the subcaption "Compliance with Prior Undertakings" as to which no opinion is expressed) and APPENDIX A are correct as to matters of law and fairly and accurately present the information purported to be presented therein. 45421446.2 C-2 4. The City is a home rule municipality, a political subdivision of the State of Texas, and a body politic and corporate, duly created, organized and existing under the laws of the State of Texas, with full authority to authorize the creation of the Corporation and to levy and collect the Economic Development Sales Tax securing the Bonds for the benefit of the Corporation under the Act. This opinion is fumished solely for your benefit and may be relied upon only by the addressees hereof or anyone to whom specific permission is given in writing by us. Very truly yours, 45421446.2 C-3 EXHIBIT D [Letterhead of Fulbright & Jaworski L.L.P.] April 27, 2004 Morgan Keegan & Company, Inc., as Authorized Representative of a Group of Underwriters 5956 Sherry Lane, Suite 1900 Dallas, Texas 75225 Ladies and Gentlemen: We have acted as your counsel in connection with the purchase by you on this date of $ original principal amount of "Corpus Christi Business And Job Development Corporation Sales Tax Revenue Bonds, Series 2004 (Baseball Stadium Project)" (the "Bonds") pursuant to a Purchase Contract dated April 1, 2004 (the "Purchase Contract") between you and the Corpus Christi Business and Job Development Corporation (the "Corporation"). This opinion is being furnished to you pursuant to Section 8(h)(3) of the Purchase Contract. Unless otherwise expressly provided herein, capitalized terms used in this opinion shall have the meanings ascribed to them in the Purchase Contract. We have examined a printed copy of each of the Preliminary Official Statement and executed copies of the Bond Resolution, the Financing Agreement, the Project Agreement, the Paying Agent/Registrar Agreement, the City's Resolution, and the Official Statement, and we have examined and rely upon certain of the certificates and opinions referred to in Section 8(h) of the Purchase Contract. In our examination, we have assumed the authenticity of all documents submitted to us as originals, the conformity to original copies of all documents submitted to us as certified or photostatic copies, the authenticity of the originals of such latter documents, and the accuracy of the statements contained in such certificates. Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set forth, we are of the opinion that under applicable laws of the United States of America and the State of Texas in force and effect on the date hereof: 1. The Bonds are exempted securities within the meaning of the Securities Act of 1933, as amended, and it is not necessary in connection with the offer and sale of the Bonds to the public to register the Bonds under the Securities Act of 1933, as amended, or to qualify the Bonds or the Bond Resolution under the Trust Indenture Act of 1939, as amended. We express no opinion as to any requirements as to the registration of any other security or qualification of any other instrument under such Act. 2. We have not verified the information contained in the Official Statement. However, as your counsel we have participated in discussions with respect to the Official 45421446.2 D-1 Statement with representatives of the Corporation, McCall, Parkhurst & Horton L.L.P., Bond Counsel, Coastal Securities, financial advisors to the Corporation, and you, and, as stated above, we have reviewed the Official Statement. In the course of such discussions and review, nothing has come to our attention which leads us to believe that the Official Statement [except with respect to the financial statements and other financial and statistical data included therein and in the Appendices thereto, including but not limited to the financial statements appearing in Appendix C thereto (as to which we have not been requested to express a view and as to which we express no view)] contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. In addition to the limitations set forth in the preceding paragraph, we have not been requested to review, nor have we reviewed, any records or contracts of the Corporation or the basis for any representations made by representatives of the Corporation, and the foregoing is subject to the material, statements, and other data contained in the records or contracts of the Corporation and any such representations, to the extent they are reflected in the Official Statement, not containing any untrue statement of a material fact or omitting to state a material fact necessary to make the statements contained in the Official Statement, in light of the circumstances under which they were made, not misleading. We express no opinion and make no comment with respect to the sufficiency of the security for or the marketability of the Bonds. This opinion is furnished solely for your benefit and may be relied upon only by the addressees hereof or anyone to whom specific permission is given in writing by us. Very truly yours, 45~1~6.2 D-2 EXHIBIT E Opinion of City Attomey April 27, 2004 Corpus Christi Business and Job Development Corporation 1201 Leopard Corpus Christi, Texas 78401 City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 Fulbright & Jaworski L.L.P. 300 Convent, Suite 2200 San Antonio, Texas 78205 Morgan Keegan & Company, Inc., as Authorized Representative of a Group of Underwriters 5956 Sherry Lane, Suite 1900 Dallas, Texas 75225 McCall, Parkhurst & Horton L.L.P. 717 North Harwood, Suite 900 Dallas, Texas 75201 Coastal Securities 5555 San Felipe, Suite 2200 Houston, Texas 77002 Ladies and Gentlemen: I serve as the City Attomey for the City of Corpus Christi, Texas (the "City") and have acted as such in connection with the issuance of an aggregate principal mount of $ original principal amount of "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Bonds, Series 2004 (Baseball Stadium Project)" (the "Bonds") pursuant to the provisions of a resolution duly adopted by the Board of Directors of the Corpus Christi Business and Job Development Corporation (the "Corporation ") on March 22, 2004 (the "Bond Resolution "). The Bond Resolution, the Financing Agreement, the Purchase Contract, the Project Agreement, and the Paying Agent/Registrar Agreement are referred to heroin as the "Issuer Documents ". Capitalized terms not otherwise defined in this letter have the meanings assigned in the Purchase Contract dated April 1, 2004, executed between the City and Morgan Keegan & Company, Inc., as the authorized representative of the underwriters (the "Purchase Contract "). In my capacity as City Attorney to the City, I have reviewed the following: 1. a certified copy of the Bond Resolution; 2. an executed counterpart of the Purchase Contract; 3. an executed counterpart of the Sales Tax Remittance Agreement dated as of April 1, 2004 (the "Financing Agreement") between the Corporation and the City; 4. an executed counterpart of the Project Agreement dated as of April 1, 2004 (the "Project Agreement") between the Corporation and the City; 45421446.2 E-1 5. an executed counterpart of the Paying Agent/Registrar Agreement dated as of April 1, 2004 between the Corporation and JPMorgan Chase Bank, Dallas, Texas (the "Paying Agent/Registrar Agreement"); 6. a copy of the Official Statement dated April 1, 2004; 7. the resolution adopted by the City Council of the City on March 23, 2004 (the "City's Resolution ") approving the issuance of the Bonds and authorizing the execution of and approving the Financing Agreement, the Purchase Contract, and the Project Agreement; 8. such other agreements, documents, certificates, opinions, letters, and other papers as I have deemed necessary or appropriate in rendering the opinions set forth below; and 9. Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act"), and such other provisions of the Constitution and laws of the State of Texas and the United States of America as I believe necessary to enable me to render the opinions herein contained. In making my review, I have assumed the authenticity of all documents and agreements submitted to me as originals, conformity to the originals of all documents and agreements submitted to us as certified or photostatic copies, the authenticity of the originals of such latter documents and agreements, and the accuracy of the statement contained in such documents. Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set forth, I am of the opinion that under the applicable laws of the United States of America and the State of Texas in force and effect on the date hereof: 1. The City has duly adopted and enacted the City's Resolution in accordance with the Act; the City has full legal right, power, and authority to enter into the Financing Agreement and the Project Agreement and to adopt the City's Resolution; the City has duly authorized and approved the execution and the delivery of, and the performance by the City of the obligations contained in the Financing Agreement and the Project Agreement and all other transactions contemplated by the Official Statement; the City has complied with, and is in compliance with Texas law in all respects regarding, the sale, issuance, and delivery of the Bonds, including the provisions relating to its obligations under the Act, the City's Resolution, the Bonds, and the Purchase Contract; and assuming the due authorization, execution, and delivery by the other contracting parties of the Issuer Documents, the City's Resolution and the Issuer Documents constitute valid, legal, and binding agreements of the City and the Corporation, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization or other laws relating to or affecting the rights of creditors generally and general equitable principles. 2. The City is a home role mtmicipality, a political subdivision of the State of Texas, and a body politic and corporate, duly created, organized and existing under the laws of the State of Texas, with full authority to authorize the creation of the Corporation and to levy and collect the Economic Development Sales Tax securing the Bonds for the benefit of the Corporation under the Act. 3. The Corporation is a Texas non-profit corporation duly created by the City with the authorization and the approval of the City Council of the City, and is duly organized and 45~1~6.2 E-2 validly existing under the provisions of the Act, and is acting on behalf of the City in accordance with such Act. 4. All authorizations, approvals, licenses, permits, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction of the matter which are required for the due authorization of, which would constitute a condition precedent to, or the absence of which would materially adversely affect the due performance by the Corporation or the City of their obligations under the Issuer Documents, the Bond Resolution, the City's Resolution, and the Bonds have been obtained. 5. Based on reasonable inquiry made of the responsible City employees and public officials, the City and the Corporation are not, to the best of my knowledge, in broach of or in default under any applicable law or administrative regulation of the State of Texas or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the City or the Corporation is party or is otherwise subject and, to the best of my knowledge after due inquiry, no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute such a default by the City or the Corporation under any of the foregoing; and the execution and delivery of the Bonds and the Issuer Documents and the adoption of the City's Resolution and the Bond Resolution and compliance with the provisions of each of such agreements or instruments does not constitute a breach of or default under any applicable law or administrative regulation of the State of Texas or the United States or any applicable judgment or decree or, to the best of my knowledge, any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the City or the Corporation is a party or is otherwise subject. 6. There is no litigation, legislation, action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, commission, government agency, public board or body, pending or, to the best knowledge of the City or the Corporation, after due inquiry threatened against the City or the Corporation, affecting the corporate existence of the City or the Corporation or the titles of its officers to their respective offices, or affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Bonds or the collection of the Economic Development Sales Tax pledged to the payment of principal of and interest on the Bonds pursuant to the Resolution or the City's Resolution or in any way contesting or affecting the validity or enforceability of the Bonds, the Issuer Documents, or contesting the exclusion from gross income of interest on the Bonds for federal income tax purposes, or contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto, or contesting the powers of the Corporation or any authority for the issuance of the Bonds, the adoption of the Bond Resolution or the City's Resolution or the execution and delivery of the Issuer Documents, nor, to the best knowledge of the City and the Corporation, is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity or enforceability of the Bonds, the Bond Resolution, the City's Resolution, or the Issuer Documents. 7. To the best of my knowledge and belief, the execution and delivery of the Issuer Documents and compliance by the City and the Corporation with the provisions hereof and thereof, under the circumstances contemplated herein and therein, will not conflict with or constitute on the part of the City and the Corporation a material breach of or a default under any agreement or instrument to which the City or the Corporation is a party, or violate any existing 45421446.2 E-3 law, administrative regulation, order, or consent decree to which the City or the Corporation is subject. 8. By official action the City has taken all steps to duly authorize, levy and collect the Economic Development Sales Tax and approve the City's Resolution all in accordance with the Act; 9. Except as disclosed in the Official Statement, no litigation is pending, or to my knowledge, threatened, in any court, (1) seeking to enjoin the issuance or delivery of the Bonds or the execution and delivery of the Issuer Documents, or in any way contesting or affecting the validity or enfomement of the Bonds, the Issuer Documents, the City's Resolution, or the Bond Resolution, or contesting the powers of the City or the Corporation or any authority for the issuance of the Bonds, the execution and delivery of the Issuer Documents, or the levying of the Economic Development Sales Tax securing the Bonds, or (2) except as disclosed in the Official Statement, in which a final adverse decision would materially adversely affect the financial condition of the City or the Corporation, or (3) contesting in any way the completeness, accuracy, or fairness of the Official Statement; 10. The statements in the Official Statement under the captions "INTRODUCTION - Description of the Corporation", "PROJECT DESIGN AND CONSTRUCTION", "STADIUM LEASE AGREEMENT", "INVESTMENT POLICY", and "LITIGATION", and references in other portions of the Official Statement describing the Corporation and the City fairly and accurately summarize in all material respects the matters presented therein, and insofar such information relates to matters of law, is tree and correct. In addition, without having undertaken to determine independently the accuracy and completeness of the statements contained in the Official Statement, during my participation in the preparation of the Official Statement nothing has come to our attention which would lead us to believe that the Official Statement (excluding therefrom the financial and statistical data and forecasts included therein) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. This opinion is furnished solely for your benefit and may be relied upon only by the addressees hereof or anyone to whom specific permission is given in writing by me. Very truly yours, 45421446.2 E-4 RESOLUTION APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE EXECUTION OF A SALES TAX REMITTANCE AGREEMENT, A PROJECT AGREEMENT, AND A BOND PURCHASE AGREEMENT WITH RESPECT TO THE BASEBALL STADIUM PROJECT WHEREAS, Corpus Christi Business and Job Development Corporation (the "Corporation") was created under the auspices of the City of Corpus Christi, Texas (the "City"); 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 Resolution and made a part hereof for all purposes, is hereby approved, and sales tax revenue bonds in the principal amount not to exceed $27,000,000 (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") for use by the City, which Project is in compliance with the Development Corporation Act of 1979, as amended; and said Resolution, Bonds and Project are hereby approved. Section 2. The "Sales Tax Remittance Agreement," in substantially the form and substance as attached hereto and made a part hereof for all purposes, is hereby approved and the City Manager and the City Secretary are hereby authorized to execute, attest, seal and deliver the Sales Tax Remittance Agreement between the City and the Corporation. Section 3. The "Project Agreement" between the City and the Corporation, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved and the City Manager and the City Secretary are hereby authorized to execute, attest, seal and deliver the Project Agreement. Section 4. The "Bond Purchase Agreement" between the Corporation and the underwriters named therein, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: /~'.'~day of ~ , 2004. 'M~ r~a~,~i~'~her City'Attorney 2 Corpus Christi, Texas __ day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Bill Kelly Jessie Noyola Mark Scott 3 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3/23/2004 AGENDA ITEM: (A) Motion authorizing the City Manager, or his designee, to expand the J. C. Elliott Landfill including contracts for permitting, design and construction and to proceed with budget amendments as required. Return to Council with appropriate legal, design, and construction contract(s) for execution within the next 90 days; or, (B) Motion authorizing the City Manager, or his designee, to develop the Cefe Valenzuela Landfill including contracts for additional permitting of Air, Storm Water, and Wastewater and to proceed with budget amendments as required. Return to Council with initial contract(s) for execution within the next 90 days. ISSUE: J.C. Elliott (Option A): · The expansion at J. C. Elliott Landfill will extend its disposal life for an additional ten (10) years. · It is reasonable to anticipate opposition to an expansion of J. C. Elliott. · The City must secure TCEQ approval to expand the J. C. Elliott Landfill. · If the permit is opposed, TCEQ is not obligated to approve the permit. · The time required to complete a contested permit process could be greater than the remaining disposal capacity life. · If the City exhausts its disposal capacity, the City would have to transport waste to a commercial landfill and pay commercial tipping rates. · It is generally advisable to locate landfills away from developed areas or areas likely to develop Summary: · If the permit is heavily contested the likelihood is that waste would have to be transferred to an alternative site on an interim basis. Construction of new Sectors and required Final cover will continue as planned. Customer Convenience Center is scheduled to be open prior to entering the expansion area. The J. C. Elliott Landfill expansion is anticipated to last until 2016. Cefe Valenzuela (Option B): · The initial construction cost of opening exceeds the initial construction cost of expanding J. C. Elliott Landfill in the short term, but levels out through ten (10) years. · Regulatory changes could endanger the Cefe Valenzuela Landfill permit if it is not constructed. · Cefe Valenzuela provides long term disposal capacity (in excess of 100 years). · The efficiency of Cefe Valenzuela increases with time. Summary: · Finalization of construction plans and specifications including constructing infrastructure and Sector I construction will take approximately 18 to 24 months. Customer Convenience Center including Transfer Station located at the J. C. Elliott landfill is scheduled to be open prior to the opening of Cefe Valenzuela landfill. We are anticipating a smooth transition period between landfills and will not have to transport waste to another non-city owned landfill. Construction between both landfills will continue as scheduled. REQUIRED COUNCIL ACTION: Approval of either one of the Motions e.g. to expand the J. C. Elliott Landfill or proceed with the development of Cefe Valenzuela Landfill. PREVIOUS COUNCIL ACTION: Staff presented this item to Council on February 24, 2004. Council decided to table the item for further consideration to be addressed on today's agenda. Presentation's by Solid Waste on May 21,2002, August 27, 2002 and December 16, 2003 regarding status of Landfill expansion plans and development of Cefe Valenzuela Landfill. Attachments: Power Point from 2-24-04 Meeting w/new slides (Slide Numbers 27-28-29 & 30) Director, Streets & Solid Waste Services City Landfill Operations JC Elliott Landfill vs Cefe Valenzuela Landfill Landfill Action Summary • May 21, 2002 - Presentation • August 27, 2002 - Presentation • October 11, 2002 - GBB Landfill Business Plan Landfill Expansion Plan Landfill RFP Closed • January 16, 2003 - Notified Mayor & Council of successful Bidder on RFP • December 16, 2003 - Landfill Options Presentation 2 if M N c 300 200 100 0 Landfill Tonnage & Total Annual Revenue 97-98 98-99 99-00 00-01 01-02 02-03 03-04 FY 3 $12,000,000 $10,000,000 $8,000,000 d $6,000,000 d $4,000,000 $2,000,000 $0 • • Permitted Capacity in the Area J. C. Elliott EI Centro Landfill Cefe Landfill 3.5 years of life (Current volume of 419K tons per year) 45 approximate years of life (Estimated 200K tons per year) 100 years of life (Modeled at 500K tons per (year) 0 Effects of an Additional Permitted Landfill Potentially divides the waste stream further o Negatively effects City revenues Public Concerns: • Permitting of new solid waste facility • Environmental, social, & economic issues • Could contribute to delayed economic activity, and community revitalization in the area • J. C. Elliott will be near closure before an additional landfill could be permitted and operational 5 JC Elliott Landfill Expansion Option A • JC Elliott • Permitted volume capacity of 16,210,000 cubic yards on 313 acres • 3.5 Years remaining (based on 419K tons per yr) • Lateral Expansion • Timeframe for Permit/Design/Construct approximately 36 months (Based on worst case scenario) • Projected capacity 6,700,000 cubic yards on 102 acres (22 acres owned by City & 80 acres privately owned) • Would extend Life of Elliott by 10 years 0 Summary Proforma for JC Elliott Lateral Expansion - Option A FY 02-03 to FY 06=07 FY 02-03 FY03-04 FY04-05 FY05-06 FY06-07 Estimated Revenue $19.4 M $20.2 M $21.8 M $22.6M $23.6 M Estimated Expense $15.9 M $14.7M $16.3M $17.1 M $18.1 M Net Revenue $3.5 M $5.5 M $5.5 M $5.5 M $5.5 M Fee Increase to Maintain Net Revenue $0 $0 $3.84 $1.85 $2.33 Proposed Disposal Fee $25.25 $25.25 $29.09 $30.94 $33.27 Summary Proforma for JC Elliott Lateral Expansion - Option A FY 07=08 to FY 1243 FY 07-08* FY08-09 FY09-10 FY10-11 FY11-12 FY12-13 Estimated Revenue $24.3 M $24.5 M $24.7 M $25.3 M $25.6 M $26.1 M Estimated Expense $18.7M $19.0M $19.2M $19.8M $20.1 M $20.6M Net Revenue $5.5 M $5.5 M $5.5 M $5.5 M $5.5 M $5.5 M Fee Increase to Maintain Net Revenue $14.11 $0.90 $0.77 $2.81 $1.14 $1.92 Proposed Disposal Fee $47.38 $48.28 $49.05 $51.86 $53.00 $54.92 *Assumes Put or Pay Contracts Cease in FY 07-08 E Ten Year Cumulative Totals Option A Estimated Revenue $258.1 M Estimated Expense $199.5 M Net Revenue $ 58.5 M Fee Increase to Maintain $ 29.67 Net Revenue Disposal Fee for FY 12-13 $ 54.92 0 • JC Elliott Landfill Expansion Capital Costs FY04-05 - FYI 2=13 Option A Capital Cost • Final Legal, Design & Construction Plans $ 19200,000 (for permitting based on submitted proposals) • Land Acquisition $ 5007000 • Construction Cost & Development $ 10,533,563 of new cells • Construction Cost, Permit, & Development $ 1,000,000 of a Customer Convenience Center (CCC) • Closure Costs $ 71300,000 ($3.4 M old closure) ($3.9 M new closure) • 10 Year Total Projected Capital Cost $ 209533,563 10 Yearly Capital Expenditures FY 04=05 Through FY 07=08 Option A FY 04-05 Legal & Design $1 M Land Acquisition $500K FY 05-06 Expansion Construction $3.5M (Includes Sector 12) Phase 5 Final Cover $1.4M CCC $1M Legal & Design $200K FY 06-07 Phase 6 Final Cover $2M FY 07-08 Design/Construction Sector 13 $1.8M 11 Yearly Capital Expenditures FY 08=09 Through FY 12=13 Option A FY 08-09 Phase 7 Final Cover $1.7M Design Sector 14 $250K FY 09-10 Construction Sector 14 $1.5M FY 10-11 Final Construction Phase 8 $1.1 M Design/Construction Sector 15 $1.7M FY 11-12 Design Sector 16 $250K Final Cover Phase 9 $1.1 M FY 12-13 Construction Sector 16 $1.5M Ten Year Total $20.5M 12 Summary Proforma for JC Elliott Transition to Cefe Valenzuela Option B FY 02=03 to FY 06=07 FY 02-03 FY03-04 FY04-05 FY05-06 FY06-07 Estimated Revenue $19.4 M $20.2 M $22.2 M $22.8M $24.0 M Estimated Expense $15.9 M $14.7M $16.7 M $17.3 M $18.4 M Net Revenue $3.5 M $5.5 M $5.5 M $5.5 M $5.5 M Fee Increase to Maintain Net Revenue $0 $0 $4.77 $1.49 $2.63 Proposed Disposal Fee $25.25 $25.25 $30.02 $31.51 $34.14 13 Summary Proforma for JC Elliott Transition to Cefe Valenzuela option B FY 07=08 to FY 12=13 FY 07-08* FY08-09 FY09-10 FY10-11 FY11-12 FY12-13 Estimated Revenue $25.0 M $25.2 M $25.3 M $25.8 M $26.0 M $26.6 M Estimated Expense $19.5 M $19.7 M $19.8 M $20.3 M $20.5 M $21.1 M Net Revenue $5.5 M $5.5 M $5.5 M $5.5 M $5.5 M $5.5 M Fee Increase to Maintain Net Revenue $13.77 $0.95 $0.40 $2.03 $0.90 $2.40 Proposed Disposal Fee $47.90 $48.86 $49.26 $51.29 $52.19 $54.59 *Assumes Put or Pay Contracts Cease in FY 07-08 14 Ten Year Cumulative Totals Option B Estimated Revenue $262.5 M Estimated Expense $204.0 M Net Revenue $ 58.5 M Fee Increase to Maintain $ 29.34 Net Revenue Disposal Fee for FY 12-13 $ 54.59 15 Cefe Valenzuela Landfill Opening - Option B • Cefe Valenzuela; 2273 Acres Total • Projected volume of Unit 1 (27,744,000 cubic yards on 205 Acres) • Projected volume of Unit 2 (102,751,000 cubic yards on 605 Acres) Development • Construction of Infrastructure approximately 24 months • Unit 1 on line with first Sector construction completed & ready for waste 6 months prior to the closing of the J. C. Elliott Landfill 16 Time Study Calallen EI Centro 20 Min 25 Min 35 Min 45 Min JC Elliot 20 Min 15 Min 40 Min Cefe Central City Red Line- Time it takes to get to JC Elliot Padre Blue Line- Time it takes to get to EI Centro Island Black Line- Time it takes to get to Cefe 17 Cefe Valenzuela Landfill Capital Costs FY04-05 - FYI 2=13 Option B e Capital Cost • Construction Cost $ 19,6201000 • Permit, Design, & Construction $ 2,000,000 of Transfer Station • Final Closure Costs at Elliott Landfill $ 37400,000 • Final Closure Costs at Cefe Landfill $ 17100,000 • Posts Closure Costs at Elliott Landfill $ 2107000 • 10 Year Total Projected Capital Cost $ 2653309000 Yearly Capital Expenditures FY 04=05 Through FY 08=09 Option -B FY 04-05 Finalize Cefe Plans/Specs $200K Construction Cefe Landfill $13M FY 05-06 Phase 5 Final Cover (JCE) $1.4M CCC/Transfer Station . $2M FY 06-07 Phase 6 Final Cover (JCE) $2M Design/Construction Sector 1 (Cefe) $2.1 M FY 07-08 Design Sector 3 (Cefe) $300K Post Closure (JCE) $35K FY 08-09 Construction Sector 3 (Cefe) $1.9M Post Closure (JCE) $35K 19 Yearly Capital Expenditures FY 09=10 Through FY 12=13 Option -B FY 09-10 Post Closure (JCE) $35K FY 10-11 Post Closure (JCE) $35K FY 11-12 Design Sector 4 $300K Post Closure (JCE) $35K FY 12-13 Construction Sector 4 (Cefe) $1.8M Post Closure (JCE) $35K Final Cover (Cefe) $1.1 M Ten Year Total $26.3M 20 21 1 I 1 1 1 '� � �� b � na�'�F � �- Fh� >a �`�. ��.sii� :�� . 1�� sP"`-iFx• ' �mwai�� �� ���� ..C„� a Cefe a � ���EEE #f T 4ltS� a' P 'ib�".h' Ee x r f F S 1 111 111 'fu?. ¢� c B emm C 'Sr �p 4i =a dsrsye�a�M CF ItY s ,v+CX ::� R }Rt VUM1 i C 3�T`✓ M' b� wa���� �S�t�T s']�1 �i^}& �F s°�.'b,i'�" W J'�� , tl. 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II I1 II' 1 1 1 I 1 21 22 23 I11 111 nWmv� � � r e s u _ ,• 1 1 1 1 1 tt y, w so- fps a 5"i�6 P x� f '. r4 taa[# l4M�i�s���5 ryypY i 4 f e µAs ➢: d : � 'S rgr 3`�x�e 5L62� g$ P i� ei,, ^G �'Ji s. lrsseR '+Y � z c'3 '"f � ''`° M, ypfib {#�d ii�4 vi "� °Yi t� � 6 p�q.?gA�S�'�9t( A, x�`tM i 4'; r� pp E`i'i+p S st 1 k I „ '{. i �' f•Y Y R t N, i+ i �i :v'Ni fv W • £ i ➢X£ 6 � Er" 1 I 1 1 1 is _�mra.�.�asa. a>�v" w[.xi,.aa:..aa." .�'. -r, ,aw '� ��,e3t axicilsr::� ., s • ' �.'it��€u'`✓acZ"� ,cua��'.e213 +�3.ti• • e`,4i� � • �'�-.� 1• 1 I 1. 1. 1 1 1: 1: I' a 1' I I r r L 23 $15 $10 $5 $0 Annual Disposal Fee Increase Required to Maintain Net Revenue 04.05 05.06 06-07 07-08 08-09 09-10 10.11 11.12 12-13 24 City Expands JC Elliott Landfill Option A Pros • Cons • Lower initial investment costs than the Cefe Landfill • Adds 10 years of landfill life • Increases likelihood of extending Put or Pay Contracts • Possibility of contested permit application • Delays could result in existing disposal capacity being exhausted before expansion is completed • Continues landfill operations within city limits & in close proximity to airports • Defers move & large initial investment to Cefe to 2014 • Delayed Opening of Cefe could impact approved permit N1 City Opens Cefe Valenzuela Landfill - Option 6 • Pros . Cons • Resolves long term disposal issues • Increased landfill efficiency after initial investment • Increased flexibility to operating procedures • Supports Westside development & aviation operations • Requires capital investment to open & develop through first 10 years • Requires permitting and development of transfer station • No guarantees on volume of tonnage to be supplied 26 COMPARISON OF LANDFILL(S) GATE TIP FEES CITY $/TON * Corpus Christi Alice Arlington Brownsville Harlingen Laredo Victoria Covel Gardens (Private -San Antonio) City of San Antonio TS Texas Average Includes State Disposal Fee and Transfer where applicable ** Includes MSWSSC @ $13.33/Ton 26.50** 37.50 30.00 35.00 27.00 30.00 29.02 22.25 23.64 20.00 27 Cefe Annual Disposal Fee Increase Required to Maintain Net Revenue w/ Scenarios + 225 TonsNr -�— 300 TonsNr —� 350 TonsNr $10 t 419 TonsNr 1AAA $5 - - $0 04.05 ORB 06-07 07-08 08-09 09-10 10-11 11-12 1U2-13 FY AIRPORTS & LANDFILLS • Title 49, United States Code, Subtitle VII, Part A, Subpart III, Chapter 447, • 44718 (d) Limitation on construction of landfills. • (1) In general. — No person shall construct or establish a municipal solid waste landfill... that receives putrescible waste ... within 6 miles of a public airport that has received grants under Chapter 471 ... unless the State Aviation Agency... requests the Administrator of the FAA exempt the landfill... from this subsection and... determines that such exemption would have no adverse impact on aviation safety. M! no- ' •�..�'�-zm%- d ,,• - is ` y��.N ~' s Y h+ + R Om a' a w�� a �.\'� Sri a �Y"R••` n �� '� , WORK lto .i �.. �: ".=Y �„ Yap •.aixi `4 '� r � = F zEly,q I_711Lp Fti t` ------ Hf -LI 117R ARRIVAL M,i V( -R Future Actions • EXECUTE CONTRACTS • MAKE DECISION ON RFP • EXPAND/EXTEND CONTRACTS • EXPAND RECYCLING • CONTRACT ALL WASTE IN CITY LIMITS 31 CONCLUSION • It is in the best interest of the City over the long term to develop the Cefe Valenzuela Landfill. 32 27 NO ATTACHMENT FOR THIS ITEM 28 NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM 4%] NO ATTACHMENT FOR THIS ITEM