HomeMy WebLinkAboutAgenda Packet City Council - 05/30/2006
CITY COUNCIL AGENDA
MAY 30, 2006
Corpus Christi
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AlI-Ameriea CiIV
11.45 A..M. < Proclamation declaring June 3, 2006 as "Veterans Band of Corpus Christi Twentieth Anniversary
Celebration"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MAY 30, 2006
10:00 A.M.
PUBUC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opporlunity 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 perlaining to your
subject, please present it to the City Secretary
Si Usted desea dirigirse al Con cillo y cree que su ingles es limitado, habra un inter prete ingles-espanol en 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 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle Pentecostal Church
of God.
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 Henry Garrett
Mayor Pro Tern John Marez
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1 Approval of Regular Meeting of May 23, 2006. (Attachment # 1)
Agenda
Regular Council Meeting
May 30, 2006
Page 2
F" BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2
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Transportation Advisory Committee
Water Shore Advisory Committee
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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; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item
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 for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote
~NT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
EBQPjPREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
3. Motion approving the purchase of six (6) pickup trucks, two (2)
cargo vans and seven (7) sedans from the following companies
for the following amounts in accordance with Bid Invitation No. BI-
0123-06, based on low bid and low bid meeting specifications for
a total amount of $216,558. The vehicles are purchased for
Maintenance Services and Police. All vehicles are replacement
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regutar Council Meeting
May 30, 2006
Page 3
units, Funds are available In the Law Enforcement Trust Fund
and the Operation Budget of the General Services Department.
(Attachment # 3)
Champion Ford
Corpus Christi, TX
Pickups and Vans
$124,872
Access Ford
Corpus Christi, TX
Sedans
$91,686
Grand Total: $216,558
4 Motion approving a supply agreement with National Meters, Inc.,
of Lancaster, Ohio, for approximately 8,000 gas service
regulators in accordance with Bid Invitation No. BI-0124-06,
based on low bid for an estimated annual expenditure of
$103,600, of which $17,266.67 is budgeted in FY 2005-2006.
The term of the agreement shall be for twelve months with an
option to extend for up to two additional twelve-month periods
subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted in FY 2005-2006 and
requested for FY 2006-2007. (Attachment # 4)
5, Motion authorizing the City Manager or his designee to execute
an agreement with the CHRISTUS Spohn Health System for the
provision of medical director services in the amount of $30,000,
for the City's Emergency Medical Services and emergency
medical educational services. (Attachment # 5)
6.a. Ordinance appropriating $1 ,000 from the Wal-Mart Foundation in
the General Fund No. 1020-11700; amending the FY 2005-2006
Operating Budget, adopted by Ordinance No. 026385, by
increasing the amount approved by $1,000. (Attachment # 6)
6.b.. Motion approving payment in the amount of $1 ,000 to the Police
Explores Post #133 for purchase of equipment and training of the
Police Explorers. (Attachment # 6)
7 Ordinance appropriating $14,505 from the sale of seized vehicles
in the No. 1061-821005 fu nd for pu rchase of equ i pment and
training of police officers. (Attachment # 7)
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PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
May 30, 2006
Page 4
8.a. Motion authorizing the City Manager or his designee to accept a
renewal Weed & Seed grant in the amount of $225,000 in the No.
1067 Parks and Recreation Grants Fund for Site II West for the
continued support of the Weed & Seed Program from the United
States Department of Justice (DOJ). (Attachment # 8)
8.b. Ordinance appropriating a $225,000 grant from the United States
Department of Justice for Site II West for the continued support
of the Weed and Seed Program FY 2005-2006 in the No. 1067
Parks and Recreation Grants Fund. (Attachment # 8)
9. Resolution authorizing the City Manager or his designee to submit
a grant application to serve as the Fiscal Agent for FY 2006-2007
Texas Department of Family and Protective Services (DFPS)
78415 Community Youth Development (CYD) Program, with
$500,000 DFPS funding. (Attachment # 9)
10. Ordinance transferring $3,000 from the NO.1 020 General Fund
Account No. 202965-1020 to Account No. 530000-1020-13700;
and appropriating the $3,000 to pay expenses for the Bay
Jammin' Concert series. (Attachment # 10)
11. Motion authorizing the City Manager or his designee to approve
a Letter of Agreement between the City of Corpus Christi and the
Beautify Corpus Christi Association (BCCA). (Attachment # 11)
12. Motion authorizing the City Manager or his designee to execute
a contract with the Department of State Health Services for the
administration of duties performed by the Vital Statistics Division
of the Health Department and for the payment of record fees due
to the State. (Attachment # 12)
13, Motion authorizing the City Manager or his designee to execute
a professional services contract with GISPlanning, Inc., of San
Francisco, California for an amount not to exceed $34,600 for a
license to the City for the online use of GIS Planning's
Zoom Prospector software as hosted by GISPlanning, Inc. for use
as client's Economic Development Site-Selection Analysis GIS
Web Site. (Attachment # 13)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
May 30, 2006
Page 5
14
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Engineering Services Contract with
Freese and Nichols, Inc., of Fort Worth, Texas in an amount not
to exceed $74,500 for the Wholesale Raw Water SCADA
Improvements - 2005 Project for the Replacement of Master
Meter No. 1 at o. N. Stevens Water Treatment Plant.
(Attachment # 14)
15 Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Mako Communications,
L.L.C. (Owner) for the right to construct, maintain, and replace
two (2) awnings within the North Lower Broadway Street right-of-
way and one (1) awning within the Peoples Street right-of-way,
adjacent to the Mako Communications building, located at 518
Peoples Street; establishing a fee of $162. (Attachment # 15)
16 Second Reading Ordinance - Amending the Platting Ordinance
by adding the authority to delegate duties under the Platting
Ordinance and specifying authority for signing plats by a
professional engineer employed by the City; providing a
severability clause; providing a repealer clause; and providing for
an effective date. (First Reading OS/23/06) (Attachment # 16)
17. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 53, Traffic, revising Section 53-
251, Schedule II by adding the category "Other Through Streets";
by adding Parr Street, from Comanche Street to Ahern Street,
Ahern Street, from Parr Street to Bluntzer Street, and Bluntzer
Street, from Ahern Street to Agnes Street; providing for penalties.
(First Reading OS/23/06) (Attachment # 17)
I. PUBLIC HEARINGS:
ZONING CASES:
18. Case No. 0406-06. G.P. McCreless. Juan Meiia and Encino-
Cimarron G.P. c/o Tim Clower: A change of zoning from a "R-
1 B" One-family Dwelling District/"A-1" Apartment House
District/"A-2" Apartment House District to a "B-1" Neighborhood
Business District. The property being 39 acres out of Flour Bluff
and Encinal Farm and Garden Tracts, Section 11, Lots 6.7,8, 9
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Agenda
Regular Council Meeting
May 30, 2006
Page 6
and 10, located 375 feet southwest of the intersection of Saratoga
Boulevard and Cimarron Boulevard. (Attachment # 18)
Planning Commission and Staff's Recommendation: Approval
of the "B-1" Neighborhood Business District.
ORDINANCE
Amending the ZOning Ordinance, upon application by G.P.
McCreless, Juan Mejia and Encino-Cimarron G.P. c/o Tim
Clower, by changing the zoning map in reference to 39 acres out
of Lots 6, 7, 8, 9 and 10, Section 11, Flour Bluff and Encinal Farm
and Garden Tracts, from "R-1 Bn One-family Dwelling District, "A-
1" Apartment House District and "A-2" Apartment House District
to "B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause;
providing a penalty clause.
19. Case No. 0406-07. Alan Anderson: A change of zoning from an
"1-2" Light Industrial District to an "1-3" Heavy Industrial District.
The property being .0121 acres out of 4.85 acres out of Lot 8,
Block B, Ocker Addition, located at 1111 Southern Minerals Road
and approximately 450 feet north of Sedwick Road. (Attachment
# 19)
Planning Commission and Staff's Recommendation: Denial of
the "1-3" Heavy Industrial District and in lieu thereof, approval of
a Special Permit for the above-ground fuel tank per the metes
and bounds description.
ORDINANCE
Amending the Zoning Ordinance, upon application by Alan
Anderson, by changing the zoning map in reference to .0121
acres out of 4.85 acres out of Lot 8, Block B, Ocker Addition
(currently zoned "1-2" Light Industrial District) by granting a
Special Permit for an above ground fuel storage tank per the
metes and bounds description; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 30, 2006
Page 7
20. Case No. 0506-01. Arriba Development. LLC: A change of
zoning from a "R-1 B One-family Dwelling District to a "B-4"
General Business District. The property being 1.97 acres out of
B. S. & F. Survey 419, Abstract 570, Nueces County, Texas,
located at the northwest intersection of Interstate 37 frontage
road and Sessions Road. (Attachment # 20)
Planning Commission and Staffs Recommendation: Denial of
the "B-4" General Business District and, in lieu thereof, approval
of a "B-1/SP" Neighborhood Business District with a Special
Permit for a one year period that allows for a hotel or motel
development.
ORDINANCE
Amending the Zoning Ordinance, upon application by Arriba
Development by changing the zoning map in reference to 1.97
acres out of B. S. & F. Survey 419, Abstract 570, Nueces County,
from "R-1 B" One-family Dwelling District to "B-1" Neighborhood
Business District with a Special Permit for a hotel/motel use;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty clause.
21 Case No. 0506-02. Nasser Farahnakian: A change of zoning
from a "R-1 B" One-family Dwelling District to a "B-4" General
Business District. The property being 5.739 acres out of 254.069
acres, Abstract 988, Nueces County, Texas, located along the
southwest corner of Clarkwood Road and the newly constructed
State Highway 44 Bypass. (Attachment # 21)
Planning Commission and Staff's Recommendation: Approval
of the "B-4" General Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Nasser
Farahnakian, by changing the zoning map in reference to being
5.739 acres out of 254.069 acres, Abstract 988, Nueces County,
Texas, from "R-1 B" One-family Dwelling District to "B-4" General
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
May 30, 2006
Page 8
Business District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty clause.
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
22 Coliseum Redevelopment Request for Qualifications/Request for
Proposal Process (Attachment # 22)
(RECESS REGULAR COUNCIL MEETING)
K. CORPORATION MEETINGS: (APPROXIMATELY 1 :30 P.M.)
23. TAX INCREMENT REINVESTMENT ZONE NO.2: (Attachment
# 23)
AGENDA
TAX INCREMENT REINVESTMENT ZONE NO.2
Date:
Tuesday, May 30.2006
Time
During the meeting of the City Council beginning at
10:00 a.m.
Location:
City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus ChristL Texas 78401
A. Call meeting to order
B. Roll Check
Directors.
Samuel L. Neal, Jr., President
Terry Shamsie (Nueces) Vice-Pres.
Brent Chesney
Melody Cooper
Jerry Garcia
Henry Garrett
John E. Marez
Jesse Noyola
Mark Scott
Rex A. Kinnison
John Longoria
Cal Jennings (Hospital District)
Officers:
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Vacant, Treasurer
Vacant, Asst. Treasurer
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regutar Council Meeting
May 30, 2006
Page 9
John LaRue (Port of Corpus Christi Authority)
Richard Pittman (Flour Bluff)
Gabriel Rivas (Del Mar)
C. Special Consideration Items:
1. Motion approving the minutes of February 25,2003
meeting.
2. Appointment of officers (President, Vice President,
General Manager, Secretary, Assistant Secretary,
Treasurer and Assistant Treasurer)
D. Public Comment
E. Adjournment
24. NORTH PADRE ISLAND DEVELOPMENT CORPORATION
MEETING: (Attachment # 24)
AGENDA
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
DATE: Tuesday, May 30,2006
TIME During the meeting of the City Council beginning at
10:00 a.m.
LOCATION: City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
A. Call to order.
B. Roll check
Corporation Directors:
Vacant, President
Mark Scott, Vice-President
Brent Chesney
Melody Cooper
Jerry Garcia
Henry Garrett
Officers:
George K. Noe, Executive Director
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
May 30, 2006
Page 10
Rex A. Kinnison
John Longoria
John Marez
Jesse Noyola
C. Special Consideration items:
1. Approval of the minutes of the July 13, 2004
meeting.
2. Appointment of Officers (President, Vice President,
Executive Director, Secretary, Treasurer)
3. Resolution authorizing the issuance of North Padre
Island Development Corporation Tax Increment
Contract Revenue Bonds, Series 2006, in an
aggregate principal amount not to exceed
$2,900.000; approving a Bond Purchase
Agreement and other contract documents relating
to the Series 2006 Bonds; and containing other
provisions related thereto.
D. Public Comment
E. Adjournment
(RECONVENE REGULAR COUNCIL MEETING)
L.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
25 Resolution approving the resolution by the North Padre Island
Development Corporation authorizing the issuance of Series 2006
Bonds in an aggregate principal amount not to exceed $2.9
Million. (Attachment # 25)
26.a. Motion to amend prior to second reading ordinance authorizing
the City Manager or his designee to execute a Lease Agreement
with Peter Bryant (MMD Communications) for a term of 8 days in
April, 2007, for the Texas I nternational Yacht and Jet Plane Show
at the Peoples Street T -Head; providing for two 5 year renewals
upon City Manager, or designee, finding show successful for City;
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PRIORITY ISSUES
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Agenda
Regular Council Meeting
May 30, 2006
Page 11
by amending Lease Section 6 to provide that City, in lieu of
marina rental fees, shall received greater of: $25,000 or 10% of
Net Profits, as defined in Exhibit F. (Attachment # 26)
26.b. Second Reading Ordinance -Authorizing the City Manager or his
designee to execute a Lease Agreement with Peter Bryant (MMD
Communications) for a term of 8 days in April, 2007, for the
Texas International Yacht and Jet Plane Show at the Peoples
Street T -Head; providing for two 5 year renewals upon City
Manager, or designee, finding show successful for City. (First
Reading 4/25/06) (Attachment # 26)
27 Resolution authorizing the City Manager or his designee to
execute an I nterlocal Agreement with the Corpus Christi
Independent School District to locate and jointly operate a branch
library on district property next to the Kaffie Middle School.
(Attachment # 27)
28.a. Motion authorizing the City Manager or his designee to execute
a construction contract with H & G Contractors of Corpus Christi,
Texas in the amount of $3,774,910, subject to certification of
funds, for Cimarron Boulevard Street Improvement Project -
Phase 2 - from Yorktown to Bison (Mireles). (BOND ISSUE
2004) (Attachment # 28)
28.b. Motion authorizing the City Manager or his designee to execute
a Construction Materials Testing Contract with Rock Engineering
& Testing Laboratory, Inc. in the amount of $32,639 for the
Cimarron Boulevard Street Improvement Project Phase 2 - from
Yorktown to Bison (Mireles). (BOND ISSUE 2004) (Attachment
# 28)
29.a. Resolution authorizing the execution of an agreement with Ullah
Investments, Inc. providing for temporary property tax abatement.
(Attachment # 29)
29.b. Resolution authorizing the execution of an agreement with
Shutters Management, Ltd. providing for temporary property tax
abatement. (Attachment # 29)
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
May 30, 2006
Page 12
29.c. Resolution authorizing the execution of an agreement with
Nueces Loft Apartments providing for temporary property tax
abatement. (Attachment # 29)
30.a. First Reading Ordinance - Amending the Corpus Christi City Code
of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article
III - Marina, Section 12-46 - Prohibition against living aboard
water craft, by changing "Prohibition against" to "Policy regulating"
and directing Marina Superintendent to adopt a live aboard policy
and limiting the prohibition to "Except as authorized by the
Policy"; providing for penalties under Section 1-6, City Code of
Ordinances. (Attachment # 30)
30.b. Resolution authorizing new Parks and Recreation Slip Rental
Fees for live aboards at the City Marina under revised Section 12-
46, Code of Ordinances; providing for effective date. (Attachment
# 30)
M. SPECIAL BUDGET PRESENTATION:
31
Overview of Proposed FY 2006-2007 Operating Budget
(Attachment # 31 )
N. 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 A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su mgles es Iimitado, habra un inter prete
ingles-espanal en la reuni6n de la junta para ayudarJe.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
SERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
May 30, 2006
Page 13
STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
O. EXECUTIVE SESSION:
PUBLIC NO TICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
32. Executive session under Texas Government Code Section
551.072, deliberations about real property and Section 551.087,
deliberations regarding economic development negotiations, as
it relates to Coliseum Redevelopment, with possible discussion
and action in open session.
33. Executive session under Texas Government Code Section
551.071 for private consultation with its attorney regarding
potential claims related to the construction of the American Bank
Center Arena. with possible discussion and action in open
session.
P. 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.
34. CITY MANAGER'S REPORT
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Upcoming Items
35 MA YOR'S UPDATE
CITY COUNCIL
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agenda summary)
Agenda
Regular Council Meeting
May 30, 2006
Page 14
36 COUNCIL AND OTHER REPORTS
Q. 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. 2:30 p.m., May 26,2006.
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Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 23, 2006 - 10:00 a,m
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Brent Chesney
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
ABSENT
Melody Cooper
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Dr. Sam Gutierrez of Cornerstone Church and the Pledge
of Allegiance to the United States flag was led by Council Member Chesney.
Mayor Garrett called for approval of the minutes of the regular Council meeting of May 16,
2006 and the special Council meeting of May 18, 2006 A motion was made and passed to approve
the minutes as presented,
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Mayor Garrett called for consideration of the consent agenda (Items 2 - 12). Mr. Johnny
French, 4417 Carlton, requested that Item 5 be pulled for individual consideration. Council
members requested that Items 8, 9, and 11 be pulled for individual consideration. A motion was
made and passed to approve Items 2 through 12, constituting the consent agenda, except for Items
5. 8, 9, and 11 which were pulled for individual consideration. City Secretary Chapa polled the
Council for their votes as follows
2 MOTION NO. 2006-148
Motion approving a service agreement with OneSource Facility Services, Inc., Corpus
Christi, Texas for custodial service for the main police building in accordance with Bid
Invitation No 81-0068-06 based on best value for an estimated annual expenditure of
$78,516 of which $13,086 is budgeted in FY05-06. The term of the contract will be for
twelve months with an option to extend for up to two additional twelve-month periods subject
to the approval of the supplier and the City Manager or his designee. Funds have been
budgeted by the Police Department in FY2005-2006 and requested for FY2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
May 23, 2006 - Page 2
3 MOTION NO, 2006-149
Motion approving a supply agreement with Secor, Houston, Texas for approximately
143,000 feet of polyethylene pipe in accordance with Bid Invitation No. BI-0122-06 based
on only bid for an estimated annual expenditure of $149,610 of which $37,402.50 is
budgeted for FY2005-2006. The term of the contract will be for twelve months with an option
to extend for up to two additional twelve-month periods subject to the approval of the
supplier and the City Manager or his designee,
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
4 MOTION NO, 2006-150
Motion approving the lease of a motor grader with Waukesha-Pearce Industries, Inc.,
Corpus Christi, Texas for the total amount of $141,600, of which $11,800 is budgeted in
FY2005-2006, The award is in accordance with Bid Invitation No. BI-0135-06 and is based
on best value The term of the lease is for twenty-four months with an option to extend the
lease for up to twelve additional months subject to the approval of the City Manager or his
designee. The motor grader will be used by the Park and Recreation Department. Funds
have been budgeted by Parks and Recreation in FY2005-2006 and requested for FY2006-
2007
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
6 MOTION NO. 2006~151
Motion authorizing the City Manager or his designee to execute a Testing Agreement with
Kleinfelder, of Corpus Christi. Texas, in the amount of $59,700 for geotechnical investigation
for the Southside Water Transmission Main Phase 6 Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia. Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye"; Cooper was absent.
7 a. ORDINANCE NO. 026785
Ordinance appropriating $43,500 from the unappropriated fund balance of the Maintenance
Services Fund No. 5110 for the Police Department Chilled Water Plant Upgrade - 2006;
amending the FY2005-2006 Annual Operating Budget adopted by Ordinance No. 026385
by increasing appropriations by $43,500,
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent
Minutes - Regular Council Meeting
May 23,2006 - Page 3
7.b. MOTION NO. 2006-152
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Stridde Callins & Associates, of Corpus Christi, Texas in the amount of
$43,500 for the Police Department Chilled Water Plant Upgrade - 2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
10 ORDINANCE NO. 026789
Ordinance authorizmg the City Manager or his designee to execute a Participation
Agreement for the street improvements to Elvis Drive with ONAC Developers, Inc.,
Developer of Graceland subdivision, located south of Slough Road and east of Rodd Field
Road, of which the City's share of cost shall not exceed $54,039.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent
12. ORDINANCE NO. 026790
Granting to the CC Digital Community Development Corporation a non-exclusive franchise
to operate. maintain. construct, extend, and upgrade facilities of the City of Corpus Christi
Citywide Integrated Wi-Fi Network in the Public Rights-of-Way. (First Reading - 4/25/06)
The foregoing ordinance was passed and approved on its second reading with the following
vote Garrett. Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Cooper was absent
Mayor Garrett opened discussion on Item 5 regarding the beach festival permit for the "C
Sculptures" event Mr Johnny French. 4417 Carlton, spoke regarding his concerns that the
cumulative effects of the C-Sculptures event, Spring Break, and planned beach maintenance would
endanger the Piping Plover habitat north of Zahn Road. He asked the Council to reconsider their
decision to close the beach south of Packery Channel so special events could be held on that
portion of the beach instead City Secretary Chapa polled the Council for their votes as follows:
5 ORDINANCE NO. 026784
Ordinance authorizing the execution of a beach festival permit and contract with Clear
Channel Broadcasting, Inc. for "e Sculptures, " on the Gulf Beach at Newport Pass County
Park
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent
Mayor Garrett opened discussion on Item 8 regarding emergency repairs to the
Development Services Center's chiller. Mr Garcia asked if the air conditioning unit was part of the
initial system put in when the center was renovated. Assistant Director of Engineering Services
Kevin Stowers replied that new chillers were installed when the city originally occupied the building
three years ago. Mr. Garcia asked if the city still had a maintenance agreement with the contractor
for the system Mr Stowers replied negatively saying that the one-year warranty had already
Minutes - Regular Council Meeting
May 23, 2006 - Page 4
expired. City Secretary Chapa polled the Council for their votes as follows:
8 ORDINANCE NO. 026786
Ordinance appropriating $36,400 from the unappropriated fund balance of the Maintenance
Services Fund No. 5110 for the Development Services Emergency Chiller Repairs - 2006;
amending the FY2005-2006 Annual Operating Budget adopted by Ordinance No. 026385
by increasing appropriations by $36.400.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent
Mayor Garrett opened discussion on Item 9.a. regarding a Sanitary Sewer Trunk Force Main
and Lift Station Construction and Reimbursement Agreement for a Master Plan Lift Station. Mr.
Garcia asked if the city was planning to reimburse the developers along South Fork or Greenfields
by the Bay. Assistant Director of Development Services Mary Frances Teniente replied affirmatively.
She said the current issue addressed problems with a previous agreement with the developer for
South Fork Unit 5, which was executed and approved on May 24,2005. She said that particular
developer did not adhere to the terms of the agreement. Subsequently, she said the city had to
discuss the agreement with the South Fork Unit 4 developer whose development was also impacted
by the lift station. She said the new developer agreed with the terms, and the previous developer
had signed a release from the terms of the agreement.
In response to Mr. Garcia's question on Item 9.b., Ms. Teniente stated that the lift station's
affected area included both platted lots and undeveloped area, so the area had not reached its
ultimate development at this point. She said a number of new developments would benefit from the
lift station. Mr. Garcia asked if she thought that approximately 200 to 300 lots were coming on line
In this area Ms. Teniente replied affirmatively.
City Secretary Chapa announced that the ordinance in Item 9.a. needed to be amended to
change the words "and reappropriating" to "which appropriated". Mr. Scott made a motion to amend
the ordinance as stated by Mr. Chapa, seconded by Mr. Kinnison, and passed. City Secretary
Chapa polled the Council for their votes on the ordinance as amended as follows:
9a. ORDINANCE NO. 026787
Ordinance repealing Ordinance 026277; adopted on May 24, 2005, ::md re3ppropri3ting
which appropriated $975,210.63 to the Sanitary Sewer Trunk System Trust Fund No.
250410-4220 for the reconstruction of the existing Master Plan Lift Station No. 1047
(Greenfields by the Bay), located east of Rodd Field Road and south of Wooldridge Road,
with 12-foot diameter wet well and 3,850- linear feet of 12-inch Force Main, easement
acquisition and related appurtenances for the Greenfields by the Bay Service Area.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola,
and Scott. voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
May 23,2006 - Page 5
9b. MOTION NO. 2006-153
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by AI Development, Inc., owner and developer of
South Fork Unit 4 Subdivision for the reconstruction of the existing Master Plan Lift Station
No 1047 (Greenfields by the Bay), located east of Rodd Field Road and south of
Wooldridge Road, with 12-foot diameter wet well and 3,500-linear feet of 12-inch Force
Main, easement acquisition and related appurtenances.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
9 c. ORDINANCE NO. 026788
Ordinance appropriating $975,210.63 from the Sanitary Sewer Trunk System Trust Fund No.
250410-4220 to pay AI Development, Inc. for the reconstruction of Master Plan Lift Station
No. 1047 (Greenfields by the Bay) with 12-foot diameter wet well and 3,500-linear feet of 12-
inch Force Main, easement acquisition and related appurtenances for the Greenfields by the
Bay Service Area, located east of Rodd Field Road and south of Wooldridge Road.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent
Mayor Garrett opened discussion on Item 11 regarding a lease agreement for the Texas
International Yacht & Jet Plane Show Mr. Kinnison expressed concern about a provision in Section
6 of the contract, which would allow the lessee to pay 10 percent of profits in lieu of Marina rental
fees. He said the lease agreement did not define a "net profit", and in addition, he thought it would
be easier to base the amount off of gross profits as opposed to net profits. He asked staff to
consider reworking the agreement City Manager Noe stated staff could withdraw the item and
resubmit it for Council consideration next week. The Council concurred with City Manager Noe's
suggestion to withdraw the 'tem
11 WITHDRAWN
Second Re:Jding Ordin::mce Authorizing the City M::mager or his dosignee to execute ::l
Le::lse I',greement 'Nith Peter Bry::lnt (MMD Communications) for ::l term of 8 days in April,
2007, for the Texas Intern:Jtion:J1 Y3cht ::lnd Jet Pl3ne Sho..... ::It the Peoples Street T He3d;
providing for tv.-a 5 year renew31s upon City M:Jn3ger, or designee, finding show successful
for City. (First Reading -1/25/06)
Mayor Garrett noted that the boat show planned to have a gated entrance at the T-Head
where they would charge admission He asked City Attorney Fischer check into the legality of this
plan.
-~.. ~******-*,**
Mayor Garrett referred to Item 13a , and a motion was made, seconded and passed to open
the public hearing on the following issue
Minutes - Regular Council Meeting
May 23, 2006 - Page 6
13.a. Public hearing to consider amending the City's Comprehensive Plan by amending the Master
Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southem Portion of Corpus Christi)
and rescinding the SPA 30 Sub Basin Sanitary Sewer Master Plan, by approving and
adopting the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub
Basin SPA 30
City Secretary Chapa noted that the ordinance was listed on the agenda as a first reading
ordinance. He said staff was recommending, however, that the ordinance be passed on an
emergency basis
City Engineer Angel Escobar reported that this was the first of 12 sub-areas staff
recommended amending in the Wastewater Collection System Master Plan. The area was in the
southeastern portion of the city, bounded by Saratoga Boulevard, Oso Creek, Cayo del Oso, and
AirlinelRodd FieldlYorktown area. He noted that the SPA 30 trunk main was currently under
construction. He said this master plan amendment was needed in response to subdivision
development occurring in the southern area of the City. He introduced Mr. Dan Leyendecker with
LNV Engineering who would be making a detailed presentation.
Mr. Leyendecker displayed a slide with maps outlining the existing master Plan, adopted in
1983, and the proposed master plan. He said the proposed master plan allowed for a net increase
of 330 acres. The proposed plan incorporated aspects of numerous adopted plans, including the
Southside Area Development Plan and the adopted Future Land Use Map. In addition, he said staff
Incorporated comments obtained through interviews with Development Services staff and requests
from the local engineering community. Finally, he said the team used aerials to validate the rooftop
counts and land use densities in the area
Mr. Leyendecker discussed the differences between the existing master plan and the
proposed master plan First, he said the service area boundaries in the proposed master plan were
more clearly defined for each lift station. Second, he said the proposed master plan included four
lift stations as opposed to three in the 1983 Master Plan. Third, he said the city's Adopted Future
Land Use plan (2005) was Incorporated into the proposed master plan. Fourth, he said the city's
2003 L1DAR elevation data was incorporated into the proposed master plan to more correctly
represent the sub-basin's topography. He also pointed that a southern portion of the existing master
plan was originally intended for a southside wastewater plant He said the proposed master plan
considered this area as low density reSidential
Mr. Leyendecker stated that he tried to make the master plan fairly flexible, so it could meet
the city's requirements and the developer's needs. He said the lift station phasing, for example, was
based on platted land area, not population Mr. Leyendecker then showed a chart depicting the lift
station phasing for Lift Station #14 and Lift Station #13 in more detail.
In conclUSion, Mr Leyendecker stated that the SPA 30 Master Plan was based on and was
consistent with the City of Corpus Christi's adopted plans. He said the proposed plan was flexible
enough to accommodate the pace of the development community while meeting the city's
requirements.
Mr. Scott asked who would pay for the construction of Lift Station #14. Assistant Director
of Development Services Mary Frances Teniente stated that the developer would pay for the
infrastructure up front, and then the city would reimburse the developer. Mr. Scott stated that he felt
It would have been inappropriate to ask the developer to pay for the lift station.
Mr. Scott asked staff to explain their rationale for reworking this master plan. Mr.
Leyendecker stated that the last update to the master plan in 1983 only changed the boundaries.
Minutes - Regular Council Meeting
May 23, 2006 - Page 7
Before then, the last plan that used land densities was in 1973. At that time, he said the entire area
was coded as low density residential, and used five people per acre as the average standard. The
proposed master plan updated the plan to better reflect the current density of the southside, an
average of three persons per dwelling unit. City Manager Noe added that the city was
recommending the master plan amendments to this and the other 12 areas because of the level of
development pressure in those areas. As such, he said staff wanted to ensure that the master plans
were up-to-date and usable for the development community.
In response to Mr. Scott's question, Mr. Escobar replied that the additional lift station being
proposed was Lift Station #13 at the end of Slough Road. Mr. Scott asked if Lift Station #13 was
eligible for 100 percent reimbursement out of the trust fund. Mr. Escobar answered affirmatively.
Mr. Scott asked if there were sufficient funds in the trust fund. Ms. Teniente replied that the funds
were in the trust fund, but noted that on April 2005, the Council passed a resolution to suspend
appfications to the trust fund until a new program was approved and reviewed. Mr. Scott remarked
that it was contradictory if the city saying the lift station expenses were 100 percent reimbursable
when the developers were not allowed to apply for the funds. City Manager Nee acknowledged that
the city recognized the need to refund the reimbursement system and was working on a plan.
Mr. Scott stated that the talk among the developers south of Saratoga was that they had
purchased land in that area based on a certain set of plans. The developers made substantial
progress on their projects, only to have the city change the plan in the middle of the game with a
dramatic price increase. Mr. Leyendecker stated that he did not see how the developers' costs were
going to Increase dramatically. Ms. Teniente added that the River Bend Lift Station had $1.8 million
reserved in the trust fund for that developer's costs, and the developer applied for the funds before
the suspension of applications went into effect. Although the project was still in the design phase,
she said if there was a substantial increase over this cost, the city could look at the phasing of the
pump to address it Mr. Scott stated that he did not want to vote on anything until these issues were
resolved because he said there were too many uncertainties. Mr. Noe replied that staff could not
Implement or discuss a plan with developers unless the Council adopted it.
Mr. Scott asked for the construction cost of the existing lift station compared with the
proposed lift station. Ms Teniente replied that the current application submitted was for a total of
$1.6 million. and the city had reserved $1 8 million for expenses. Mr Leyendecker stated that while
he had not performed a cost analYSIS. he said the only changes proposed for the new lift station
were the larger size of the pumps and the Increased depth (18 inches) of the lift station. Mr. Scott
noted that the city had allocated an additional $200,000 for the new lift station, and he asked if this
would cover the expense Mr. Leyendecker replied that he thought $200,000 would cover the costs.
Mr. Garcia stated that while he thought the Mr. Leyendecker's plan was technically sound,
he wanted to know how the city could ensure that the contractors adhered to the plan specifications
without a breakdown of the system He thought the city was having inherent problems with going
to the developers. and this problem had manifested itself in the system breakdown between
Yorktown Boulevard and Slough Road. City Engineer Escobar replied that this master plan would
provide the guidelines and the capacity that Development Services needed to approve the
subdivisions being platted in this area. He said that as the construction for the SPA 30 gravity sewer
line progressed, the contractor was responsible to meet the specifications for grade, slope, and
condition of backfill. He said Development Services would approve the plans being submitted for
a subdiVision or a trunk trust main reimbursement, which would then be approved and brought to
Council so the plans could be bid and constructed. He said the city relied on the bonding,
Inspections and consultants to ensure that the contractors would fulfill their obligations according
to the plans
Mr Garcta stated that the city had to address the Inadequate funding for the city's trust fund.
Minutes - Regular Council Meeting
May 23,2006 - Page 8
He said he and other Council members knew experts who would be willing to assist the city in
developing a new funding plan. He said that the city was being unfair to the developers by not
having a good funding plan in place. Mr. Noe replied that the city needed to address the process
as well as the funding issue. He said this was the first time the city had developers constructing
mfrastructure that multiple developers relied on, creating an unusual set of circumstances. He said
the city needed to step back and learn the lessons because it was not a positive experience for the
city or the developer. Acting Director of Development Services Michael Gunning added staff needed
to better monitor the new developments going in to ensure that they were consistent with the
Infrastructure the city was planning.
Mr. Kelly stated that he understood that the trust fund worked by reimbursing developers only
for the excess capacity the city was demanding to comply with our land use plans. If the developer
was responsible for paying for the infrastructure needed for his development, then he asked why
the city was reimbursing the lift station projects at 100 percent. Mr. Gunning replied that this was
normally how the system worked, but Ms. Teniente added that the Council approved an ordinance
In 2003 that allowed for 100 percent reimbursements for lift stations, trunk mains, and force mains.
Mr. Kelly asked how staff determined which projects were funded at 100 percent. City Manager
Noe replied there was a system of reimbursement based on the type of facility, whether it was
oversize or overdepth, and for critical infrastructure items such as force mains and lift stations.
Mr. Kelly stated that he understood there was tremendous pressure to develop this area
because of the growing population, and he understood why it was a high priority. He said, however,
that he would like to see the 100 percent reimbursement for developments in Flour Bluff and the
Northwest area as well He noted that the city had exhausted its trust fund to pay for these
development. City Manager Noe replied that staff had identified 12 areas that required updates to
the master plans to provide for future use, including areas in Flour Bluff and the Northwest. He
noted that the Northwest wastewater master plan had been completed within the last two year, so
It was relatively up to date. Mr. Leyendecker stated that the proposed updates to the Flour Bluff
area plan would be brought to the Council before December 2006.
Mr. Scott asked for a timeline on the trust fund financing issue. City Manager Noe replied
that staff was working on a number of funding options, and had talked with several individuals about
serving on an advisory group. He said staff should have a proposed plan ready within the next three
or four months
There were no comments from the public. Mr. Garcia made a motion to close the public
hearing, seconded by Mr. Scott.
City Secretary Chapa announced that staff had requested that the ordinance be considered
on an emergency basis rather than on two readings. City Secretary Chapa polled the Council for
their votes as follows
Minutes - Regular Council Meeting
May 23, 2006 - Page 9
13 ORDINANCE NO. 026791
First Roading Ordinance -A- amending the City's Comprehensive Plan by amending the
Master Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southern Portion of Corpus
Christi) and rescinding the SPA 30 Sub Basin Sanitary Sewer Master Plan, by approving and
adopting the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub
Basin SPA 30. and providing for an effective date.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent
Mayor Garrett referred to Item 14.a, and a motion was made, seconded, and passed to
open the public hearing on the following issue:
14.a. Public hearing to consider amending the Platting Ordinance of the City of Corpus Christi by
adding the authority to delegate duties under the Platting Ordinance and specifying authority
for signing plats by a professional engineer employed by the City.
City Manager Noe explained that the proposed amendment would improve the efficiency of
the platting process by delegating certain plat authority to the Development Services Engineer with
respect to approval and recordation of plats. Acting Director of Development Services Michael
Gunning added that the proposed amendment would transfer the authority from the Director of
Engineering Services (Angel Escobar) to the Development Services Engineer (Mary Frances
T eniente l
Mr. Garcia stated that while he was in favor of expediting the platting process, he wanted
to ensure that platting process would be contained within the Development Services department.
He also wanted the ordinance to clearly state who had the final authority on the platting process.
Mr. Escobar pointed out that Section III H 1. k) (1) of the ordinance identified the Development
Services Engineer by title Mr. Gunning assured Mr. Garcia that the Development Services
Engineer had an office in the Development Services Center.
In response to Mr. Chesney s question, City Manager Noe replied that the Development
Services Engineer had final approval authority. Mr. Chesney said if the intent of the ordinance was
to give the Development Services Engineer the final authority on plats, then he was in favor of the
change. He thanked staff for the proposed change because it addressed one of his concerns about
the Development Services department
There were no comments from the audience Mr. Garcia made a motion to close the public
hearing, seconded by Mr Chesney, and passed. City Secretary Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
May 23, 2006 - Page 10
14.b. FIRST READING ORDINANCE
Amending the Platting Ordinance by adding the authority to delegate duties under the
Platting Ordinance and specifying authority for signing plats by a professional engineer
employed by the City; providing a severability clause; providing a repealer clause; and
providing for an effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Cooper and
Kinnison were absent.
Mayor Garrett referred to Item 15, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0406-09, Christus Spohn Health Systems: A change of zoning from an "AB"
Professional Office District and "A-1" Apartment House District to a "B-1" Neighborhood
Business District. The property being Bayfront Terrace, Block 4, Lots 10-13, located along
Second Street and approximately 85 feet east of Ayers Street.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "B-1" Neighborhood Business District on Lots 10,11,12 and 13 and in lieu thereof, approval of
a Special Permit for the parking lot on Lots 10, 11, 12 and 13, and subject to a site plan and six (6)
conditions.
Acting Director of Development Services Michael Gunning reported that the applicant was
requesting the zoning change to allow for completion of a partially constructed parking lot for the
hospital's use. He stated that the subject property was located along Second Street and south of
Ayers Street. He said the applicant initiated the parking lot construction based on a permit issued
by Development Services, which assumed that the lot was an extension of parking areas for the
Kieschnick House, an apartment development. In fact, he said the parking lot was to be a stand
alone lot for use by Spohn Hospital employees. Once the inconsistency was discovered, he said
the city asked them to stop work on the project, and Spohn complied and applied for a zoning
change.
Mr. Gunning stated that the Planning Commission and staff recommended denial of the "B-
1" Neighborhood Business District and in lieu thereof approval of a Special Permit subject to six
conditions. He said Christus Spohn planned to use the parking lot to provide parking for employees
who were housed in the "round building" that had been demolished. He said the "B-1" district
allowed for a stand-alone parking lot and staff recommended that the Special Permit subject to six
conditions for approval
Mayor Garrett called for public comment. Mr. Kelly Taylor, 1720 Second Street, spoke
against the zoning change. His home was located in Lot 6, which was five feet from the right side
of the proposed parking lot He stated that Christus Spohn was encroaching into the adjacent
residential neighborhood. He was concerned that if the Council approved this zoning change, then
the Future Land Use map of the area would need to be amended to allow for "B-1" zoning, rather
than the approved "A-1" zoning. In addition, he had issues with the lighting, drainage problems,
landscaping, depreciated property values, and traffic the proposed parking lot could generate. He
showed a PowerPoint presentation Illustrating his points
Mr. Taylor stated that hospital employees and visitors currently parked along Second Street
In the residential areas. He said that he was unable to park in front of his own home. He and his
roommate had to double- or triple-park In their driveway He said he was working with Traffic
Minutes - Regular Council Meeting
May 23. 2006 - Page 11
Engineering to obtain a parking permit to address this issue. Mr. Gunning stated that the street in
front of these homes was a public right-of-way, so on street parking was permitted. He said staff
did not regulate who parked along the street. Mr. Garcia said he could understand why Mr. Taylor
was upset if he could not park on the street in front of his own home. Mr. Kelly stated that Mr.
Tayfor's point was that Christus Spohn had already expanded past Ayers Street and into the
neighborhood to the extent that he could not park in front of his home like in other neighborhoods.
Mr. Gunning replied that staff would assist Mr. Taylor's efforts in obtaining parking permits from the
city's Traffic Manager Ricardo Guzman
In response to Mr. Noyola's and Mr. Marez's question, Mr. Gunning stated that Christus
Spohn initiated construction on the parking lot without a landscaping plan because the original
building permit issued by Development Services did not require it. However, once staff became
aware that the planned uses for the parking lot differed from the uses allowed under the permit, they
asked Christus Spohn to stop construction and seek a zoning change.
Mr. Taylor stated that he had documented a number of code violations that had taken place
on the property. Mr Noe replied that staff could not enforce any code violations until the zoning
change request was finalized.
Mr. Noyola was concerned that while Christus Spohn could address most of the issues
related to screening, landscaping and drainage, the proposed parking lot would still detrimentally
affect the property values ir the neighborhood.
Mr. Kelly asked Mr. Taylor if he was opposed to the parking lot mainly because the residents
were sensitive to any encroachment across Ayers Street. Mr. Taylor replied affirmatively, saying that
Christus Spohn could have purchased property on Morgan Street to avoid encroaching on the
neighborhood. He said that no matter what Spohn did to the parking lot, it would still negatively
affect the neighborhood's property values
Mr. John Bell. 13750 Primavera, representing Christus Spohn Health System, stated that
the project was permitted before Spohn began construction. In Spohn's view, the parking lot was
serving the adjacent Spohn campus; thus. it was being developed for adjacent property use and
complied with the code Spohn had completed 40 percent of the project when Development
Services notified them that Ayers Street separated the parking lot from Spohn such that the parking
lot was not adjacent. and thus required a zoning change
Mr. Bell stated that due to the major construction In the area, Spohn needed parking spaces
for Finance department employees from 700 a.m. to 7:00 p.m. only. At the Planning Commission
meeting when the case was heard, he said that Spohn addressed the drainage issue by confirming
that the drainage for the parking lot would be drained away from Mr. Taylor's residence. In addition,
he said Spohn agreed to landscaping standards exceeding those required in the "B-1" district. The
parking lot would have an ornamental front fence, controlled access. and a screening fence along
the side He introduced Mr Tim Burgunder with Christus Spohn who could also comment on their
plans
Mr. Marez asked Christus Spohn what their future expansion plans were for the area, noting
that the neighborhood was concerned about any further encroachment beyond Ayers Street. Mr.
Bell replied Spohn's master development plans were more toward the west and north of the current
campus. Mr. Marez stated that if the Council were to approve this zoning change, he would like to
see the City add at least one more condition added to the six conditions proposed by the Planning
Commission to protect Mr. Taylor's property
Mayor Garrett called for a brief recess to present proclamations. He said the Council would
Minutes - Regular Council Meeting
May 23, 2006 - Page 12
hear petitions from the audience when the meeting resumed, and then continue the discussion on
Item 15, the Christus Spohn zoning case
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett called for petitions from the audience. Mr.
Daniel Allen, 823 S. Water St. #5F, spoke regarding his concerns about the Memorial Coliseum
RFP. He pointed out that he had made an informational display for public viewing in the rear of the
Council chambers. He also asked for information regarding the zoning change process for a PUD.
Ms. Faryce Goode-Macon with Development Services replied the zoning change process for a pu~
was the same as for any zoning case, and the 20 percent rule would apply (seven Council members
would have to support the zoning change). Mr. Allen stated that it was possible, based on the
property ownership in the area, that the proposed Boardwalk on the Bay project could fail to get
enough Council votes for passage.
Mayor Garrett noted that a number of individuals indicated that they would like to speak
regarding Lakeview Acres. He said city staff was meeting with group now regarding their concerns.
Mr. Ram Chavez, 1642 Sandalwood, and Mr. Juan Saenz, chairman of the Mayor's
Committee on Veteran Affairs, invited the Council to attend their Memorial Day ceremonies at 10:00
a.m, Sherrill Park
Mr. Phil Rosenstein thanked the city and the Council for providing exemplary services for
senior citizens in the area.
k * * * * * * * * * * * *
Mayor Garrett resumed discussion on Item 15, the Christus Spohn zoning case. Mr. Kelly
asked questions regarding Spohn's landscaping plan and screening requirements.
Mr. Garcia expressed concern that Mr. Taylor wasn't able to park on the street in front of his
own residence. Mr. Tim Burgunder with Christus Spohn Health System, stated that he had spoken
with Mr. Taylor and offered him a complimentary space in the proposed parking lot with a handheld
remote to control access. He said he had eliminated entrance and exit portals on Ayers Street to
address the concerns of the Del Mar Association about traffic, and quadrupled the landscaping
requirements along the south side of the parking garage.
Mr. Burgunder discussed Spohn's problems with parking due to the major construction in
the area He said he was offering valet parking to patients in the parking lot next to the doctor's
office tower now, and if he was able to move employee parking to another lot, it would relieve the
pressure on that lot. He said Spohn's master plan did not include any development south of Ayers
Street. Finally, he said Spohn had engaged a contractor for the parking lot that claimed to have
obtained the proper permits
Ms Eleanor Carte, 1726 Second Street, spoke against the zoning change because she felt
the proposed parking lot would devalue her property and generate excess traffic.
Mr. Jack Cooper, 510 South Staples, spoke against the zoning change because he was
concerned that Christus Spohn was encroaching upon the residential areas south of their Shoreline
campus
In response to Mr. Noyola's question, Ms. Faryce Goode-Macon with Development Services
replied that the 20 percent rule was not in effect, and she did not think the neighborhood could meet
Minutes - Regular Council Meeting
May 23, 2006 - Page 13
that percentage because Spohn Hospital owns the majority of the property in the affected area.
Mr. Marez spoke against the zoning change because he wanted to protect the Del Mar area
neighborhoods He said he did not want Mr. Taylor's property to become the buffer zone for
Spohn's development.
Mr. Garcia made a motion to close the public hearing, seconded by Mr. Chesney, and
passed. City Secretary Chapa polled the Council for their votes as follows:
15 ORDINANCE NO. 026792
Amending the Zoning Ordinance, upon application by Christus Spohn Health Systems by
changing the zoning map in reference to Bayfront Terrace, Block 4, Lots 10-13, (currently
zoned "A-1" Apartment House District and "AB" Professional Office District) by granting a
Special Permit for a parking lot on Lots 10, 11, 12 and 13, and subject to a revised site plan
and six (6) conditions; amending the Comprehensive Plan to account for any deviations from
the existing Comprehensive Plan
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kinnison, and Scott, voting "Aye"; Kelly, Marez,
and Noyola, voting "No"; Cooper was absent.
~ ~ . ~. * * * * ~ * * * *
Mayor Garrett opened discussion on Item 16 regarding appointments to the Corpus Christi
Reinvestment Zone Number Two Board of Directors. City Secretary Chapa reported that the current
members were as follows: Samuel L. Neal Jr.; Javier Colmenero; Brent Chesney; Rex Kinnison;
John Longoria; Jesse Noyola; Mark Scott. and Melody Cooper. He said the Council could appoint
up to 10 members Mayor Garrett made a motion to appoint the current members of the Council to
the Board, with the exception of Mr. Kelly, who had a conflict of interest; and to appoint Mr. Neal and
Mr. Longoria The motion was seconded There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
16 MOTION NO. 2006-154
Motion appointing Henry Garrett. Brent Chesney, Rex Kinnison, Jesse Noyola, Mark Scott,
Melody Cooper, John Marez. Jerry Garcia, John Longoria, and Samuel L. Neal Jr. as City
of Corpus Christi Board Member Representatives to the Corpus Christi Reinvestment Zone
Number Two Board of Directors
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 17 regarding a construction contract for Bond
Issue 2004 Golf Course Improvements for the Gabe Lozano Senior Golf Center. City Secretary
Chapa noted that the Item needed to be amended to show that Golf Course Builders International
Inc., the contractor, was from Baton Rouge, LA not from Gainesville, FLA. Mr. Kinnison made a
motion to amend the item as stated by City Secretary Chapa, seconded by Mr. Kelly, and passed.
City Engineer Angel Escobar reported that the city had received bids for the golf course
Improvements. He referred to a handout that outlined the construction schedule for the project. He
said the construction for the Back Nine would begin in June. The entire golf course would be closed
Minutes - Regular Council Meeting
May 23, 2006 - Page 14
during July through September. The Front Nine would begin construction in October. He said the
parking lot would be completed in September.
Mr. Escobar reviewed the proposed base bid improvements as follows: resurfacing of
existing parking lot and entrance drive; landscape plantings around perimeter of parking lot and
entrance drive; resurfacing of all 18 existing putting greens and the existing practice green; a new
chipping green; perimeter bare area renovation to include additional irrigation and regressing;
drainage improvements at NO.1 tee, No. 10 tee, and No. 14 fairway; resurfacing of all tees and
expansion of selected teeing areas; fairway expansion and additional bunkers on NO.6 fairway, No.
12 green, and at No. 17 fairway and green; reconfiguration of bunkers at No. 13 green; additional
grass bunker on No. 15; lakeshore expansion and shoreline stabilization on Nos. 1 and 9; and re-
routing of cart path on No. 10 fairway landing area and from NO.9 Executive and clubhouse.
In response to Mr. Marez's question, Parks and Recreation Director Sally Gavlik stated that
staff would be offering golfers different discounted packages for Oso Golf Course and/or to combine
the driving range and the Executive 9 at the Gabe Lozano Course. She said staff acknowledged
that revenues would decrease during the construction period, but was making an effort to retain
business
Mr. Marez stated that the Pharaoh Country Club golf course was for sale, and he suggested
that staff look into purchasing the course for future use. He said it might be better to purchase an
existing course rather than build a new course. City Manager Noe replied that staff would provide
him with a report on the idea.
Mr. Kelly stated that If the city were planning to build another municipal golf course, he would
like to see a site in the Northwest area.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
17 MOTION NO. 2006-155
MotIon authorizing the City Manager or his designee to execute a construction contract with
Golf Course Builders International, Inc., of G::!inesville, Florid::! Baton Rouge, Louisiana in
the amount of $1,197,453 for the Bond Issue 2004 Golf Course Improvements (Existing
Courses) project for Gabe Lozano Senior Golf Center. (BOND ISSUE 2004)
The foregoing motion was passed and approved as amended with the following vote:
Garrett. Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper
was absent
Mayor Garrett opened discussion on Item 18 regarding a code amendment to provide a
truck route on Parr, Ahern, and Bluntzer Streets. Assistant Director of Engineering Services Kevin
Stowers explained that Traffic Engineering received a complaint from a resident about truck traffic
on Parr Street generated by Gulf Compress, a cotton bale storage and distribution center. He said
staff's review indicated that the area had been re-zoned residential, and truck traffic was prohibited
on the surrounding streets. After speaking with Gulf Compress representatives, staff determined
that the layout and design of the compress necessitated the use of residential streets during the
cotton season. He said the facility handled approximately 60 percent of the cotton in the southern
third of the state that IS shipped out of the Port of Corpus Christi.
Mr. Stowers stated that 37 property owners were notified; of the 37 owners, two expressed
Minutes - Regular Council Meeting
May23,2006-Page15
concern about childrens safety, one was opposed, and one had no objections. He said the
Transportation Advisory Committee recommended unanimous approval of the ordinance with the
condition that cautionary signage be erected to slow traffic down.
Mr. Stowers stated that a property owner who signed up to speak at the Transportation
Advisory Committee meeting did not hear his name called during the public hearing. The gentleman
provided 15 signatures in opposition to the ordinance, but some of the signers did not live on the
street in question. Legal counsel determined that this did not affect the validity of the public hearing.
in conclusion, Mr Stowers said staff and the Transportation Advisory Committee recommended
approval of the ordinance as amended
In response to Mayor Garrett's question, Mr. Stowers said the cotton season extended from
August to October or November
Mayor Garrett asked for public comment. Mr. Francisco Garcia, 221 Parr, stated that he was
the gentleman who did not hear the call for public comment at the Transportation Advisory
Committee meeting. He said his home was directly in front of the entrance/exit driveway to the
warehouse, located at the midpoint of Parr Street. He spoke against the request to allow heavy
truck traffic on Parr, Ahern, and Bluntzer Streets because of the noise and dust generated by the
trucks.
Mr. Kelly asked If the city planned to upgrade the said streets to better handle the heavy
truck traffic Mr. Stowers answered negatively, but noted that the streets had been carrying the
traffic since the 1920s when the cotton plant was constructed.
In response to Mr. Kelly's question, Mr. Stowers said Gulf Compress had looked at other
options before asking for this code amendment, including acquiring private property or building a
private road, but were unable to finalize them. Besides closing the facility, Gulf Compress had no
other options at this point. Mr. Kelly asked if Gulf Compress had any plans to phase out the facility.
Mr. Stowers answered affirmatively, saying that Gulf Compress eventually planned to expand their
La Quinta facility and close this plant
Mr Kelly stated that the neighborhood needed more protection besides signage. Mr.
Stowers concurred, saYing that staff could speak with the residents to explore the issue. At this
POint, he said the city was limited in terms of street improvement funding that was not included in
a bond proJect.
Mr. Garcia asked if Gulf Compress could construct a concrete entrance and exit to mitigate
the dust problem Mr Bob Weatherford, CEO of Gulf Compress, 201 N. 19th Street, replied that the
street exit on Parr Street was made out of concrete. He explained the history of his company's
attempts to acquire right-of-way from Union Pacific Railroad and from a homeowner to no avail. He
said the plant used to be serviced by rail, but Tex-Mex Rail ceased servicing them. He said the only
sites that were serviced by rail were their Port Plant and La Quinta Plant. He explained that the
company hoped to double their business at the La Quinta site and then expand that site, but at this
point the 19th Street site would have to remain in operation. City Secretary Chapa polled the Council
for their votes as follows
18 E!RST READING ORDINANCE
Minutes - Regular Council Meeting
May 23, 2006 - Page 16
Amending the Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, revising
Section 53-251, Schedule II by adding the category "Other Through Streets"; by adding Parr
Street, from Comanche Street to Ahern Street, Ahern Street, from Parr Street to Bluntzer
Street, and Bluntzer Street, from Ahern Street to Agnes Street; providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Cooper was absent
. * ~. * * * * * * * * * *
Mayor Garrett referred to Item 19, a presentation on the Crime Control and Prevention
District Quarterly Project update. Acting Chief of Police K.A. Bung reported that the Crime Control
District's financial projections for the remainder of FY 2005-06 looked healthy. He said Police
department staffing was much improved. The last police academy yielded 29 cadets, and 21 cadets
were in the current academy and due to graduate in October. In total, the Police department would
have 445 officers, just three officers below budgeted strength. He said the Police department
planned to request an academy of 25 cadets in January, and hoped to receive funding. Thanks to
an aggressive recruitment campaign, he said the department had more applicants now than at the
same time before the last academy
Chief Bung said that staff needed Council direction on when to hold the next Crime Control
District election, either In April 2006, April 2007 or November 2007. In addition, staff needed
direction on whether the Council wanted a five-year or ten-year renewal period.
Mr Butch Pool, preSIdent of the Crime Control District Board, reported on the status of the
FY 2005-06 budget. He said that the district was currently 75 percent into the budget year.
Expenditures were at 71 percent of budget, and revenues had increased over three percent over
projections He noted that the Pawn Shop Detail was fully funded. He said the district continued
to focus on Core Programs like the Juvenile Assessment Center, the Pawn Shop Detail, and funding
for 50 police officers In addition. he said the district continued to focus on long-term fiscal
responSibility and control.
Mr. Pool discussed the proposed FY 2006-07 budget. He said total expenditures were
projected at $4,756,050, including increases in personnel (three percent), group insurance (ten
percent) and self-insurance (eight percent). He said total revenues were projected at $4,685,495,
assuming a 3..5 percent revenue increase. The ending fund balance was projected to be
$2.007,843
Mr. Pool discussed the FY 2006-07 budget calendar as follows: May 2 - CCD public hearing
and budget adoption: June 13 - City Council public hearing; and June 27 - City Council approves
or rejects CCD budget
As Chief Bung mentioned, Mr. Pool stated that the Crime Control District Board had planned
for a November 2006 election unless otherwise directed by the Council. The Board was also
recommending a ten-year renewal period
Commander Bryan Smith reported on the status of the 2005 Project Report. He discussed
the progress of the pawn shop detail, directed patrol program, bicycle patrol program, walking
motors patrol program, Campus Crimestoppers Program, and the Juvenile Assessment Center.
Regarding the Pawn Shop Detail, he said since November 2005,296 items were recovered that
were valued at $203.300, compared with only $38.118 at the same time last year.
Minutes - Regular Council Meeting
May 23, 2006 - Page 17
Regarding the Campus Crimestoppers Program, Commander Smith said that the program
would be expanded during the FY 2006-07 school year to include Robstown, Banquete, Agua Dulce,
Driscoll, and Bishop ISDs. In addition, he said Miller High School and Driscoll Middle School were
named "Programs of the Year" by the state
Regarding the Juvenile Assessment Center, he said the year-to-date intakes were 702, with
an active caseload of 95 juveniles. He said they were currently compiling the annual report. He
announced that Superintendent Mariah Boone had left the city's employ on May 12th, and Lisa Oliver
and Beth Hartman with the Parks and Recreation department were assisting in her absence.
Mayor Garrett discussed the timing of the Crime Control District election. City Secretary
Chapa stated that if the election were held in November 2006, it would be the only city issue on a
long ballot. If the election were held In April, then the city could combine costs for the election. The
Council concurred that that election should be held in April 2007 for a ten-year renewal period. Staff
then responded to Council questions about the Police Athletic League (PAL) and Pawn Shop Detail.
~ ~ ~ * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the
following items were scheduled for consideration at next Tuesday's meeting: proposed FY 2006-07
budget; final increment bond issuance for Packery Channel, including a Reinvestment Zone Board
and North Padre Investment Board meetings; three tax abatements for downtown housing projects;
a natural gas supply contract and the award for the Cimarron Phase 2 project, which came in under
budget.
Mayor Garrett asked City Manager Noe to place the coliseum redevelopment process on the
agenda next week. He also asked for an executive session related to economic development and
lease issues for the coliseum redevelopment.
Mayor Garrett thanked Assistant City Manager Ron Massey and staff for the lift station at
Staples and Yorktown Boulevard He also thanked staff for fixing the flagpole at Sherrill Park.
Mayor Garrett called for Council concerns and reports. Mr. Noyola asked for a status report
on the construction at Greenwood Senior Center. He also asked if there was a phone number that
persons with disabilities could call for more information on hurricane evacuations. City Manager
Noe replied that he would provide the Council with the phone number; staff was also including a
utility bill insert with more information
Mr. Scott stated that if the Council was going to discuss the coliseum redevelopment
process, he asked staff to provide all the original documents so people could have the full context
of the city's decisions In addition, he noted that staff had withdrawn the Yacht Show lease item at
Mr. Kinnison's request. and he asked staff to take care not to discourage the owner from putting on
the show
There being no further business to come before the Council. Mayor Garrett adjourned the
Council meeting at 1 45 p.m. on May 23 2006.
- ~ ~ * * * * * * * * * *
2
a TRANSPORTATION ADVISORY COMMITTEE - Four (4) vacancies with terms to 4-30-
08 and 4-30-09.
DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety
investigation, traffic accident, injury and damage prevention in the City; developing and
implementing coordinated traffic safety programs which meet local needs; acting in an advisory
capacity to the City Council and the City Manager in the coordination of traffic safety activities
of the official agencies and departments of the City; promoting public acceptance of official
programs proposed or initiated by the City; fostering public knowledge and support of traffic law
enforcement and traffic safety problems; cooperating with public and private school systems in
promoting traffic safety training aids in the schools; promoting the education of the public in
traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage,
and accidents on the City's streets.
COMPOSITION: Nme (9) members appointed by the City Council for three-year terms to
provide advice on transportation and traffic safety matters. One member has traditionally been
the incumbent security officer at the Naval Air Station. Elects Chairman and Vice-Chairman
annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers.
MEMBERS
William Green, Chair
*****Don Davenport
Richard Bailey, Sr.
Alex McNair
Robbie Foster
***Grace M. Gonzalez
*David V. Seiler
*Daniel Carrizales
MAC Misty Galang (NAS Security Officer)
TERM
4- 30-07
4-30-06
4-30-08
4-30-07
4-30-07
4-30-08
4-30-06
4-30-06
4-30-08
ORIGINAL
APPTD.DATE
5-11-04
1-11-00
5-10-05
5-11-04
4-11-00
2-13-01
5-13-03
12-20-05
12-20-05
*Seeking reappointment
***Resigned
*****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
David Seiler
DanIel Carrizales
NO. OF MTGS.
THIS TERM
7
NO.
PRESENT
2
4
4
% OF ATTENDANCE
LAST TERM YEAR
29%
100%
(Note: The City Secretary's Office was not notified of David Seiler's attendance record and
consequently he was not terminated when his absences exceeded the 25% absence rule. Mr.
Seiler was absent due to work related issues with the Regional Transportation Authority and
he is requesting reappointment.)
OTHER INDIVIDUALS EXPRESSING INTEREST
Karen Beard
Injury Prevention Specialist, Driscoll Children's
Hospital. Activities include: Head Start Health
Advisory Committee, Citizens Advisory Health
Board, Flour Bluff PEP Advisory Council, First
Baptist Church and recreation and youth
committees. (12-09-05)
Joseph Hroch
Teacher, Texas Driving School. Received B.S from
uc.c. and graduate work at Corpus Christi State
University and Montclair State University. (7-01-
04)
Carolyn Moon
Retired Teacher, Corpus Christi Independent School
District. Received M.A. in Communications and
Special education. Active member of the League of
Women Voters and the Texas Democratic Women.
(4-29-05)
Dan Owen
Director of Operations, Goodwill Industries of
South Texas, Inc. Received B.A. in Political
Science and Economics from Texas A & M -
Corpus Christi. Activities include: Community
Service Chair elect for Rotary Club, Ambassador to
Chamber of Commerce and United Way
Volunteer/Speaker. (4-21-06)
Cur11S '\. Rock
Business Development Manager, Rock Engineering
and Testing Laboratory, Inc. Received B.A. in
Management Information Systems. Activities
include: Associated Builders and Contractors,
Leadership Corpus Christi, W orId Affairs Council
of South Texas, Chamber of Commerce and
Hispanic Chamber of Commerce. (4-04-06)
b. WATER SHORE ADVISORY COMMITTEE - Five (5) vacancies with two-year terms to 5-
10-08, one representing the Scientist category.
DUTIES: To advise and make recommendations regarding development and use of the
Waterfront, the Water i\.rea, and the Marina.
COMPOSITION: Nine members appointed by the City Council for two-year terms. The
membership must include one Scientist, i.e. Marine Biologist, one Engineer, and one
Environmentalist. The Chairman of the Water Shore Advisory Committee shall act as an
adVISOry to the Park and Recreation Advisory Committee and vice versa.
MEMBERS
Roy L. Pell, Chairman
**Brien Nicolau
*Phillip Lara
*Victor Menaud
Chris Burnett (Environmentalist)
Dr. Oscar GarcIa
**William Grant Fergeson
**Dr. Joe Morris Fox (Scientist)
Dan S. Leyendecker (Engineer)
TERM
5-10-07
5-10-06
5-10-06
5-10-06
5-10-07
5-10-07
5-10-06
5-10-06
5-10-07
ORIGINAL
APPTD. DATE
9-28-99
5-11-04
5-11-04
5-11-04
5-17-05
3-07 -00
5-21-02
5-11-04
6-12-01
*Seeking reappointment
**Not seeking reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Phillip Lara
Victor Menaud
NO. OF MTGS.
THIS TERM
10
10
NO.
PRESENT
7
% OF ATTENDANCE
LAST TERM YEAR
70%
70%
OTHER INDIVIDUALS EXPRESSING INTEREST
Robert Cagle
Vice President-Turnaround Division, Repcon, Inc.
Received B.S. in Engineering Science and
Mechanics and M.A. in Business Administration.
Member of the Rotary Club of Corpus Christi. (4-
21-05)
James H. Davis
Self-employed. Received B.A. from Texas A & M
University u Corpus Christi. Activities include:
Board of Directors for CASA, Founder and
President of Sunny Beaches, and volunteer for
many adult and youth regattas sponsored by BYC
and CCYC. (3-17-05)
Dr. George H. Fisher
President, Ear, Nose and Throat Associates.
Received M.D. from the University of Alabama
Medical School. Certified Commercial and Airline
Transport Pilot, Single and Multiengine and
Instructor Pilot. Activities include: Director-
American Bank, former member of C.C. Yacht
Club, YMCA and former Chief of Staff of Driscoll
Children's Hospital. (3-30-06)
Ed LaBay
Vice President, AG/CM. Received a B.S. in
Building Construction from Texas A & M
University. Active member of the Windsor Park
PDM Committee. (4-07-05)
Neil McQueen
Self-employed, Environmental Consultant.
Received a B.S. in Science - Engineering
Technology at Texas A & M University and a
Certificate in Hazardous Materials Management for
the University of California. Served on the
Environmental Affairs Committee and is a current
member of the Surfrider Foundation, Texas Coastal
Bend Chapter. (Environmentalist) (5-12-05)
W. Chuck Rushing
Branch Manager, Fugro Consultants LP. Received
B.A. and M.A. in Civil Engineering. Activities
include: Consulting Engineer Council, American
Institute of Architects and avid cyclist, sailor,
runner and fisherman. (7-29-05)
Robert R. Vega
Fish Hatcheries Program Leader, Texas Parks and
Wildlife Department. Received B.S. in Marine
Biology, M.S. in Biology and Ph.D. in Fisheries
Sciences from Texas A & M University. Active in
both professional and church activities and adjunct
instructor. (Scientist) (5-19-06)
3
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of six (6) pickup trucks, two (2) cargo vans
and seven (7) sedan.o;; from the followmg companies for the following amounts in accordance with Bid
Invitation No, 81-0123-06, based on low bid and low bid meeting specifications for a total amount of
$216,558. The vehicles are purchased for Maintenance Services and Police. All vehicles are replacement
UnIts. Funds are available in the Law Enforcement Trust Fund and the Operation budget of the General
ServICes Department
Champion Ford
Corpus Christi, Texas
Pickups and Vans
$124,R72
Access Ford
Corpus Christi, Texas
Sedans
$91,686
Grand Total : $216.558
*******************************************************************************************
Purpose:
The (6) ~.' Ton Ext. Cab Compact Pickups and (2) % ton Full Size Cargo
Vans are replacement units that will be used by Maintenance Services. The
(7) Series S-2 Intermediate 4-door Sedans are replacement units as well
v..hich will be used by the Police Department.
Bid Invitations Issued:
"1 welve
Blds Received
1 hree
Price Analysls
Pricing has remained stable smce the last purchase of these types of
vehicles.
Award BaSIS:
Low bid - Item 2 & 3
Low bid meeting specification-- Item I
The bid submitted by Access Ford, Corpus Christi, Texas does not meet the
requirements of a compact pickup.
Funding:
Maintenance Services
550020-51 10-40190
550020-5110-40120
Law Enforcement Trust
550020-1061-821001
$110,000
14,872
Total
91.686
$216,558
...---'~-
---
------
Michael B era,
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER GINA SANCHEZ
BID TABULATION
BI-0123-06
SEDANS. PICKUPS & VANS
A.CCESS FORD CHAMPION ALLEN SAMUEL
CORPUS CHRISTI, TX CORPUS CHRISTI, TX CORPUS CHRISTI, TX
UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED
ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE
(1)
",eries (PU. ) 6 each <- 1 bA L' $ SJ2.502 $ 15.475 $ 92,850 $ 16,381 $ 98,286
"
Ton EX1 Cab
ompact Pickup with
Spray in Bed Liner,
i\luminum Saddle Box
Cab Guard
Maintenance Services
'-)\ <,eries (V-4 3/4 Ton 2 each 1b.169 32.338 16.011 32,022 16,612 33,224
Lj
Fuil Size Cargo Van
with Bulkhead Protector
(;Iass in Rear Panel
Doors Only Roof Top
Ladder Race -
Maintenance Services
3) Series (8-2 each 13098 91,686 13.198 92.386 14.500 101,500
intermediate 4doo'
Police
'otal Aware $ 91,686 $ 124,872
;rand Total
$ 216,558
1 ! Bid does not meet the requirements at a compact pickup
4
AGENDA MEMORANDUM
RECOMMENDATION: Motion approvmg a supply agreement with National Meters, Inc.,
Lancaster, Ohio, for approximately 8.000 gas service regulators in accordance with Bid
Invitation No. 81-0124-06. based on low bid, for an estimated annual expenditure of $103,600,
,d' which $17,266.67 is budgeted in FY05-06. The tem1 of the agreement shall be for twelve
months with an opti~)I1 to extend fpr up to two additJ\)nal twelve-month periods, subject to the
dpproval 01 the supplier and the City Manager or hi:- designee. Funds have been budgeted in
F'{05/06 and requested (or FY060-.
...............................................................................
BACKGROUND:
Purpose:
These regulators will be purchased and used by the Gas
Department. They are used to reduce the pressure of natural gas
from the mall1 line to the required level for residential customers.
Previous C"ntract
The previous contract \\(lS not extended due to revisions to
specificatIOns.
RHI Invit:ltHlns Issued
Sc\entcen
RIds Rec(~i\ cd:
1'1\ C
\ ward BasI"
Low RId
L1nding
Gas Department
'i2015()-4\30-341]O FYO)-06
$17,266.67
[otal
$17,266.67
r (j" .~,
I: '.'. ". i
jJ' \ :. \ --//-
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5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 05/30/06
AGENDA ITEM: Motion authorizing the City Manager or his designee to sign an agreement with
the CHRIS TUS Spohn Health System for the provision of medical director services in the amount of
'530,000 for the City's Emergency Medical Services and emergency medical educational services.
ISSUE: Texas State I aw requires that every Emergency Medical Service (EMS) that provides
advanced lIfe support servIces to have a licensed physician who oversees the provision of medical
servIces Dr. David Blanchard has served as the Medical Director for the EMS Division of the
C'orpus Chnsti Fire Department since January 2002. Dr. Blanchard has informed the Fire
Department of his plans to relocate and will not be able to continue providing these services.
('HRISTUS Spohn Health System, through Memorial Hospital, provides online medical control for
the City and is the designated Trauma Center for the twelve counties comprising the Coastal Bend
region. In additIon, the CHRISTUS Spohn Health System is in the formative stages of implementing
an emergency medIca] resIdency program in conjunction with Texas A&M University Health
Science Center fhese activities in combination with the City's need to identify a new Medical
DIrector has resulted in a unique opportunity to Join forces for the mutual benefit of the City,
( 'HRISTUS Spohn Health Systems. and the Texas A&M University Health Science Center.
\s a result of discussions between the City and CHRISTUS Spohn Health Systems, it is being
proposed that the City and CHRISTUS Spohn Health Systems enter into an agreement by which the
("lty will support the emergency medical residency program, and CHRISTUS Spohn Health Systems
wIll coordinate the MedIcal DirectIOn for the City.
FUNDING: The City has budgeted the required $30,000 for the Medical Director services in the
current 2005-2006 Budget and the proposed 2006-2007 Budget.
REQUIRED COUNCIL ACTION: State law, rules and regulations require a Medical Director to
supervise the delivery of invasive medical acts performed by pre-hospital providers. Approval of
thIs item will satisfy all State requirements, and pennit the EMS Division to continue providing
advanced level services within the City
, Documents and Settings'M]S\My Documents\Agenda [temsl2006 Med DiT Agenda Item,doc
PREVIOUS COUNCIL ACTION: The Council approved the last agreement for an EMS Medical
Director on Janual) 4, ~)OO ~
CONCLliSION AND RECOMMENDATION: It is recommended that the Council authorize the
City manager, or his designed to execute the agreement with CHRISTUS Spohn Health Services for
Medical DIrection of the C ,lrpUS ChristI Fire Department and for the medical educational services.
~
R2J~ing Chief
Corpus Christi Fire Department
Attachment
Agreement Summary
C \Document> and Settmg,IMIS'M\ Documents'Agemla Items 2006 Med Dir Agenda Item.doc
AGREEMENT SUMMARY
The City appoints CHRISTUS Spohn Health System as the Medical Director
of EMS
II. Services provided by CHR ISTUS Spohn Health System Corporation:
L\ Will serve as liaison to the medical community.
B. Dewlop protocols and standing orders for EMS personnel.
C. Consult on all EMS equipment to be purchase.
D issue required prescriptions for pharmaceuticals that may be used with
EMS
E. Approve all personnel permitted to function as a medical care provider
\vithm the Corpus Christi Fire Department.
F Approve EMS traming programs and training personnel.
G. Conduct and oversee quality assurance activities to insure that field
personnel are perfonning in accordance with approved protocol and
accepted standards.
II. Advl se the C tty regarding creatIOn and enforcement of ordinances
pertaming to emergency medical services, disaster preparedness, and
communications and dispatching procedures related to EMS.
II L City Suppon
A. The City shall supply reasonable office space and support staff for the
creatIOn of audio and visual aids for EMS related presentations.
B. The c'ity agrees to participate in efforts to improve emergency care
education for EMS by collaborating with Contractor and the Texas
A&M University Health Science Center in the development of an
emergency medicine program at Contractor's facility.
1\ . Liabi!tty
A. The Contractor shall not be !table for any civil damages in connection
With the performance of any service under this agreement.
B. The ('ity shall hold Contractor harmless, defend, and indemnify
contractor against any and all liability for damages.
\ Terms of Contract
A. The City agrees to pay Contractor $30,000 per year.
B. Agreement shall be for a two years and shall be automatically renewed
under identical terms for two year terms thereafter.
C. Either party shall have the right to terminate this agreement at any time
upon 90-day written notice to the other party.
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 5/30/06
AGENDA ITEM:
A Ordinance appropriating $1,000 from the Wal-Mart Foundation in the General
Fund No. 1020-11700; amending the FY2005-2006 Operating budget adopted
by ordinance 026385 by increasing the amount approved by $1,000; and
declaring an emergency.
B. Motion approving payment in the amount of $1,000 to the Police Explorers Post
#133 for purchase of equipment and training of the Police Explorers.
ISSUE: The Wal-Mart Foundation has provided the Police Department $1,000 for use
by the Police Explorers.
BACKGROUND INFORMATION: The local Police Explorers Post is a program of the
Boy Scouts of America, In association with local law enforcement agencies, for young
men and women interested in Law Enforcement. Explorers are 15-21 years of age and
have an interest in law enforcement or a future in a Criminal Justice field. Throughout
the year they are trained in a range of law enforcement topics such as arrest and
search, traffic stops, accident investigation, and other community safeness topics.
They also contribute countless volunteer hours to the community.
The Explorers will use the funds for the purchase of equipment such as badges and
uniforms, and for the travel associated with their stage, regional, and national
competitions.
REQUIRED COUNCIL ACTION: Appropriation of funds and approval of payment.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds
and approval of payment
K~4-
Acting Chief of Police
Attltchments:
ORDINANCE
APPROPRIATING $1,000 FROM THE WAL-MART FOUNDATION IN
THE GENERAL FUND NO. 1020-11700; AMENDING THE FY 2005..2006
OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 026385, BY
INCREASING THE AMOUNT APPROVED BY $1,000; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,000 from the Wal-Mart Foundation is appropriated in the
General Fund No. 1020-11700 for purchase of equipment and training of the Police
Explorers.
SECTION 2. That the FY 2005-2006 Operating Budget, adopted by Ordinance No.
026385, is amended by increasing the amount approved by $1,000.00.
SECTION 3. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and dedares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading on this the 30th of May, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
Armando Chapa, City Secretary
Approved as to form ((/( ~ L L_, 2006
I
~l~.
Joseph Ha ey
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, IIwe
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E Marez
Bill Kelly
Rex A Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 5/30/06
AGENDA ITEM: Ordinance appropriating $14,505 from the sale of seized vehicles in
the No. 1061-821005 for purchase of equipment and training of officers and declaring
an emergency.
ISSUE: Chapter 59 of the Code of Criminal Procedure, which is entitled Forfeiture of
Contraband, allows our department to seek forfeiture of certain property used in the
commission of a felony.
BACKGROUND INFORMATION: Evading police in a vehicle is a felony; therefore their
vehicles become subject to asset forfeiture. The funds from sale of forfeited property
must be appropriated and used for law enforcement purposes.
The Juvenile Enforcement Team frequently seizes vehicles used in the commission of
a felony and the proposed appropriation of funds will be used for equipment and
training of these officers.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds.
t&~
Acting Chief of Police
Attachments:
ORDINANCE
APPROPRIATING $14,505 FROM THE SALE OF SEIZED VEHICLES IN
THE NO. 1061-821005 FUND FOR THE PURCHASE OF EQUIPMENT
AND TRAINING OF POLICE OFFICERS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $14,505 from the sale of seized vehicles is appropriated in the No.
1061-821005 Fund for the purchase of equipment and training of police officers.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading on this the 30th of May, 2006
ATIEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Henry Garrett, Mayor
Approved as to form (41 a J L/ ( ,2006
/)
/ 0J[ (t--,-
Joseph~arney 0
Assista~t City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCil
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, l!we
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
Bill Kelly
Rex A Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 5/30/06
AGENDA ITEM:
A. Resolution authorizing the City Manager, or designee, to accept a renewal Weed & Seed
grant in the amount of $225,000 in the No. 1067 Parks and Recreation Grants Fund for Site II
West for the continued support of the Weed & Seed Program from the U.S. Department of
Justice (DOJ)
B. Ordinance appropriating $225,000 grant from the United States Department of Justice for
Site II West for the continued support of the Weed and Seed Program FY 05/06 in the No. 1067
Parks and Recreation Grants Fund.
ISSUE:
The Weed & Seed Program federal grant must be renewed annually to continue its current
strategy. This Weed & Seed support grant in the amount of $225,000 for Site II West will be
used for the continued support of the Weed & Seed Program from the U.S. Department of
Justice (DOJ). It will be dispensed per guidance from the DOJ, $112,500 for CCPD weeding
efforts and $112,500 for seeding efforts.
REctUlRED COUNCIL ACTION:
City Council action is required to accept a renewal grant award for Site" West from the U.S.
Department of Justice for the continuation of the Weed & Seed Program. The grant period is
from 1 0/01/2005 to 09130/2006.
PREVIOUS COUNCIL ACTION:
For the past nine years, council has granted authorization to accept and appropriate the
Department of Justice funds for the Weed and Seed Program.
COIICLUSION AND RECOMMENDATION:
Stal recommends approval of the resolution and ordinance.
Attachment:
Background Infonnation
BACKGROUND INFORMATION
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 insure 50% of our budget went to the law Enforcement side of the program.
OUf Site I North Target area has now been terminated after 10 years of service to the City of
Corpus Christi and will not receive future funding. We will still receive funds for our Site II West
area.
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A
RENEWAL WEED & SEED GRANT IN THE AMOUNT OF $225,000 IN
THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR SITE"
WEST FOR THE CONTINUED SUPPORT OF THE WEED & SEED
PROGRAM FROM THE U.S. DEPARTMENT OF JUSTICE (DOJ).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TeXAS:
SECTION 1. The City Manager, or designee, IS authorized to accept a renewal Weed &
Seed grant from the U.S. Department of Justice (DOJ) in the amount of $225,000 in the
No. 1067 Parks and Recreation Grants Fund for Site II West for the continued support
of the Weed & Seed Program
ATTEST
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: 24 May 2006
oyle . ......urtis
Chief, AdministratIve Law Section
Senior Assistant City Attorney
For City Attorney
H\LEG.DIR\JeannleIDoyleIResoILllons'VVeedSee,j ,Acer' Gran! Res ')(
Page 2 of 2
Corpus Chnsti Texas
_ _____ day of_ __ . __ ____. 2006
The above resolution was passed by the following vote:
Henry Garrett ___'___ ______
Brent Chesney _._____., '_
Melody Cooper ___u_______
Jerry Garcia -____u__
William Kelly _._. __ ,_
Rex A Kinnison
John E Marez
Jesse Noyola
Mark Scott
H \1. EC,.DIRiec;nnie\Doyle\Rpsc .i!lonsWVep.dSee,j ."'icer ':;rant R,"s
Page 1 of 2
ORDINANCE
APPROPRIA TING A $225,000.00 GRANT FROM THE UNITED STATES
DEPARTMENT OF JUSTICE FOR SITE II WEST FOR THE CONTINUED
SUPPORT OF THE WEED & SEED PROGRAM FY 05/06 IN THE NO.
1067 PARKS AND RECREATION GRANTS FUND; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $225,00000 grant from the United States Department of Justice
for Site II West is appropriated for the continued support of the Weed & Seed program
FY 05/06 In the No 1067 Parks and Recreation grants fund
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 ,2006.
ATTEST' THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
;'
L---
oyle 0 Curtis
Chief. Administrative Law Section
Senior Assistant City A.ttorney
For City Attornev
H ILEG DIR\Je3""'e\Doyle\Ordlna"~eS\WeedSee,j A.c< lOot ('ani GO'
Page 2 of 2
Corpus Christi Texas
____ day of ____
2006.
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 reqUlnng suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Ilwe, 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.
Respectfu Ily
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed bV the follOWing vote
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William K.elly
Rex A Kinnison
John E Marez
Jesse Noyola
Mark Scott
H L U;-DiR JeaccnleIDovle\(;.j",ances-WeedSeed ~ (cer. Grant
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 30, 2006
AGENDA ITEM: Resolution authorizing City Manager or designee to submit a grant
application to serve as Fiscal Agent for FY 2006-2007 Texas Department of Family and
Protective Services (DFPS) 78415 Community Youth Development (CYD) Program, with
$500,000 DFPS funding
ISSUE: DFPS anticipates continued funding for the CYD Program in various cities
throughout the state. The City of Corpus Christi will apply for an eleventh year of funding in
the amount of $500,000 for Fiscal Year 2006-2007 to be used for programs in the 78415
ZIP Code area. The City serves as the Fiscal Agent and not the Grant Administrator as
In other program areas. The 78415 CYD Steering Committee has utilized an objective
consensus-scoring tool for all proposals submitted. Their recommendation to the City
Council is based on many hours of review and consideration. Any changes to the Steering
Committee's recommendation by the Fiscal Agent will cancel any contract with DFPS for
78415 CYD Program funds for Fiscal Year 2006-2007, and the 78415 ZIP Code area will
not receive any funding. In order to be considered for funding in Fiscal Year 2006-2007,
renewal packet must be delivered to DFPS by Thursday, June 15, 2006.
In May 2006, DFPS informed all CYD contractors (including the City of Corpus Christi) of
the anticipated funding level ($500,000) for Fiscal Year 2006-2007. In preparation, the City,
as current Fiscal Agent, called for proposals from the community. Public notice of this was
advertised in the Corpus Christi Caller Times newspaper on February 25 and March 4,
2006 and all current subcontractors were informed.
The 78415 CYD Steering Committee is currently evaluating the submitted proposals for
submission to DFPS.
REQUIRED COUNCIL ACTION: Authorization to submit an application to serve as the
Fiscal Agent for DFPS FY 2006-2007 CYD Program in the amount of $500,000.
PREVIOUS COUNCIL ACTION: On March 21,2006, City Council approved funding for
Contract Period March 1. 2006 through August 31, 2006, 78415 CYD Program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval or resolution.
vlik, Director
nd Recreation Department
Attachments: Background Information
BACKGROUND INFORMATION
On May 27, 1997, the City Council approved a transfer agreement with the Workforce
Development Corporation pertaining to the CYD Contract with DFPS for the 78415 CYD
Program, and executed a contract with TDPRS. The City Council also passed a resolution
(#022938) establishing the CYD Steering Committee. Since then, the City has served as
the Fiscal Agent for the program and entered into subcontracts with many community
agencies for CYD service
In 1995, DFPS developed a program to fund local grass roots efforts in the highest juvenile
crime areas of the state by ZIP Code. The program sought to create activities that were not
currently available within the local 78415 ZIP Code area. These activities were made
available to youth ages 5-17. Eligible activities must fall within the following categories:
mentoring, activities, employment, education, and/or youth leadership. In order to meet
DFPS guidelines, a mentoring and youth leadership component must be part of the overall
78415 CYD Program's Plan of Operation.
Since its Inception, the CYD Program has served the 78415 zip code area through a
number of service providers. These would include Boys & Girls Club, Communities In
Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District,
Corpus Christi Public Library, Paisano Girl Scout Council, Parks & Recreation Department,
Volunteer Center of the Coastal Bend. Youth Odyssey, YMCA, and YWCA.
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT
APPLICATION TO SERVE AS FISCAL AGENT FOR FY 2006.2007
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
(DFPS) 78415 COMMUNITY YOUTH DEVELOPMENT (CYD)
PROGRAM. WITH $500,000 DFPS FUNDING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager. or designee, is authorized to submit a grant application
to serve as Fiscal Agent for FY 2006-2007 Texas Department of Family and Protective
Services (DFPS) 78415 Community Youth Development (CYD) Program, with $500,000
DFPS funding.
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the
terms and conditions of. or terminate the grant. if awarded to the City.
ATTEST:
CITY OF CORPUS CHRISTI
'------ ~_._.._._- .,----
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED 26 May 2006
~~ ----
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C:\(Dovle 03.06\ORD2003.06\Resoiut' ons\06 05264DC CYDFiscl.Agent Appl Res doc
Page 2 of 2
Corpus Christl. Texas
~_._ day of__ ~_ _______ ,2006
The above resolution was passed by the following vote'
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnisor
John E Marez
Jesse Noyola
Mark Scott
C:\(Doyie 030f'ORD2003.06\Rese1utlons\06 052f34DC CYC)f",scl Agent ,~ppl Re'. due
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Mav 30. 2006
AGENDA ITEM: Ordinance transferring $3,000.00 from the no. 1020 GENERAL FUND
ACCOUNT no. 202965-1020 TO ACCOUNT NO. 530000-1020-13700; and appropriating
the $3,000.00 to pay expenses for the Bay Jammin' Concert series; and declaring an
emergency.
ISSUE: This Agenda Item is needed to Fund the costs of entertainment, sound and staging
for the cultural series, Bay Jammin' Concert Series held every summer at Cole Park. This
event series is sponsored by the City Parks and Recreation Department, Cultural Center
with support from other local sponsors, as yet to be determined.
RBQUIRED COUNCIL ACTION: $3,000.00 is requested to be appropriated for the fiscal
year 2006 to fund the Bay Jammin' Series, Summer 2006.
PREVIOUS COUNCIL ACTION: None
FUNDING: Funds in this account were originally received from grant moneys and vendor
fees for the purpose of funding, when needed, special event programs for the City of
Corpus Christi, Parks and Recreation Department.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve this as presented.
Sally Gav. , Director
Parks an ecreation Department
Attechmenta: Background Information
BACKGROUND INFORMATION
The Bay Jammin' Concert Series has been in existence for over 40 years. They have
been so successfully that in recent years we have increased the series and have induded
cinema on Friday evenings. The cost of good talent continues to increase and we have
been unable to attract good groups to Corpus Christi because we have not been able to
afford them. With this increase, which was obtained through grants and sponsors for
enhancing our special events, we anticipate greater talent and a great 2006 summer.
Page 1 of 2
ORDINANCE
TRANSFERRING $3,000.00 FROM THE NO. 1020 GENERAL FUND
ACCOUNT NO. 202965-1020 TO ACCOUNT NO. 530000-1020-13700;
AND APPROPRIATING THE $3,000.00 TO PAY EXPENSES FOR THE
BA Y JAMMIN' CONCERT SERIES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. $3.000 00 from the NO.1 020 General Fund Account no. 202965-1020 is
transferred to account no. 530000-1020-13700 and $3,000.00 is appropriated to pay
expenses for Bay Jammln' Concert series.
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 Charger 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 May, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
oyle 0 Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City attorney
'i \LEG-DIR\Jeannle\Doyle\Ordlnancec;\BayJamnnlfl doc
Page 2 of 2
Corpus Christi. Texas
. Day of
,2006
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,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E Marez
Melody Cooper
Jerry Garcia
Bill Kellv
Rex A Kinnison
Jesse Noyola
Mark Scott
H\lEG-DIP\Jeann.e\D'lyle Ord'nan, es\BayJarr,m!r! jcc
11
CITY COUNCIL
AGENDA MEMORANDUM
May 30, 2006
AGENDA ITEM: Motion to authorize the City Manager or his designee to approve a Letter of
Agreement between the City of Corpus Christi and the BeautifY Corpus Christi Association
i "BCCA")
ISSUE: This Letter of Agreement formalizes a joint mission between the City and BCCA to
coordinate efforts including, but not limited to neighborhood clean-ups, recycling, community
events, promotion of City programs. and public information and education.
BACKGROUND: Since February 15. 2002, BCCA has partnered with the City and has been
funded by the City to oversee a coordinated effort between the City and BCCA to work hand in hand
on mutually beneficial environmental programs throughout the city. CCSWS will provide $25,000
from its operating budget to work closely with the BCCA Executive Director to create and
coordinate programs that wi 11 benefit both entities. nris effort is delineated in the Scope ofW ork and
Budget that is part of the Letter of Agreement. The BCCA will designate the Directors of
Neighborhood Services, Streets & So lid Waste Services and Parks and Recreations or their designee
as an Ex-Officio (voting) member of its Board of Directors. The Director of Streets & Solid Waste
Services is the primary point of contact for the management of this Letter of Agreement. The term of
the agreement is from February 15,2006 through February 14.2007.
/1
(i
~ -r)~P2-
J ~Kaplan irector
Solid Waste Services
ADDITIONAL SUPPORT MA TERlAL
Bacqroood Information
ContAlct Summary
Ordinance/Resolution
Map(s)
~
n
n
LETTER OF AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI
AND
THE BEAUTIFY CORPUS CHRISTI ASSOCIATION
This letter of agreement between the City of Corpus Christi ("City") and the Beautify
Corpus Christi Association ("BCCAn) formalizes our joint mission to lead efforts to
achieve and maintain a cleaner and more beautiful environment for the enjoyment of
residents and visitors to the City. The purpose of this letter of agreement is to solidify
our coordinated efforts in the areas of:
· Sustaining progress achieved through the City's Neighborhood Initiative
Programs' (NIP). by taking a proactive role in helping to maintain a line of
communication with the people in the targeted areas.
· Increasing communication throughout the communities regarding anti-litter and
beautification activities.
· Encouraging neighborhood cleanup campaigns.
· Improving attitudes about recycling and increase participation in the recycling
program.
· Providing leadership during community events for maintaining a sustainable
environment.
· Distribution of information and educational materials regarding environmental
subject matters.
· Promotion of City-wide environmental programs.
This letter of agreement is effective from February 15, 2006 through February 14, 2007.
BCCA shall designate the following City officials as Ex-Officio (voting) members of its
Board of Directors: Director of Neighborhood Services, Director of Streets and Solid
Waste Services, Director of Parks and Recreation, or their designee.
The City shall provide a grant of $25,000 to BCCA in return for BCCA's efforts to
implement the scope of work, described in Attachment A. The budget for this letter of
agreement is established in Attachment B.
BCCA2006AGREEMENTrjr
1
CONTACT INFORMATION:
City of Corpus Christi
Streets and Solid Waste Services
Attn: Jeffrey D. Kaplan, Director
2525 Hygeia St.
Corpus Christi, TX 78415
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-1970
Beautify Corpus Christi Association
Attn: Ms. Daiquiri Richard
545 N. Upper Broadway, Suite 3DDE
Corpus Christi, Texas 78476
(361) 855-2888
Beautify Corpus Christi Association
~
"-
~;.....; (Q~LJl.,vJ
"Daiq (Richard
BCCA Executive Director
City of Corpus Christi
George K. Noe
City Manager
Approved as Legal Form'
~--7
R. Y Reining / ..
First Assistant City Attorney
For City Attorney
BCCA2006AGREEMENT*
2
Attachment A
SCOPE OF WORK
· Annual Work Plan
Within sixty (60) days of the effective date, the BCCA Executive Director will
meet with City staff from Parks and Recreation, Neighborhood Services, and
Streets and Solid Waste Services to develop an annual work plan that defines
expectations by parties included in this agreement.
THE FOLLOWING ITEMS WILL BE COORDINATED WITH THE CITY'S EX-
OFFICIO BOARD MEMBERS AND OTHER CITY STAFF AS DIRECTED:
· Neighborhood Initiative Program
BCCA shall assist the City by taking a proactive role in sustaining the efforts of
Neighborhood Initiative Program (NIP) and Neighborhood Pride Program (NPP)
activities within designated communities. BCCA shall work with applicable
departments and their programs, and speak with the residents to promote
environmental sustainability including anti-litter and clean up campaigns, tree
plantings and basic information on City codes that may affect the residents.
i BCCA shall assisfwith researching and acquiring grants that may be available to
the City or the neighborhoods to improve beautification and anti-litter efforts.
BCCA shall continue to assist the neighborhoods with planting trees and other
vegetation as a part of the beautification outreach. The BCCA Executive Director
shall conduct a follow-up evaluation of tree plantings to ensure proper care of the
trees. The BCCA Executive Director shall attend City scheduled NPP meetings
to assist the City and the residents on beautification efforts and assist with
neighborhood meeting facilitation as required.
· Community Communication on Anti-Litter and Beautification Activities
The BCCA Executive Director shall actively participate in anti-litter and city
beautification efforts and communicate with current and future leaders of
organizations, businesses, and citizens about the City's anti-litter and
beautification activities at both formal and informal public events.
BCCA shall continue to partner in significant landscaping projects in Corpus
Christi. BCCA shall work with TXDOT to ensure proper maintenance and
adequate and appropriate plant material along our community's rig ht-ot-wa y.
BCCA shall submit an application to Keep Texas Beautitul for the Governor's
Community Achievement Award. A copy ot the application must be submitted to
the City's Streets and Solid Waste Services Department for recordkeeping.
BCCA2006AGREEMENTrjr
A-1
· Neighborhood Clean Up Campaigns
BCCA shall assist in scheduling, promoting, coordinating, and supervising at
least four (4) community-wide clean-up events and two (2) Adopt-A-Beach clean-
up events. BCCA shall coordinate the dates with City staff to ensure that
adequate resources are available to support the events. BCCA shall take a lead
role in coordinating the recognition of participating organizations and individuals.
Utilizing additional grants, donations, funds, supplies, and in-kind assistance from
other entities, BCCA shall provide clean up kits with trash bags and gloves to
citizens involved in clean up events. BCCA shall communicate the availability of
the clean up kits as well as other resources to the community.
· Drafting a Tree Ordinance for the City of Corpus Christi
BCCA will assist the Urban Forester contracted by City Parks and Recreation to
develop a Tree Ordinance.
· Recycling
As part of the anti-litter and beautification efforts, the BCCA Executive Director
shall participate in recycling events, and educate the public about the value of
recycling.
· Community Events
BCCA shall provide clean up assistance at community events, such as the City's
Fourth of July Parades and Buccaneer Parades, by distributing trash bags to
participants in order to educate the public about containerization and proper
waste disposal.
BCCA shall continue to take a leadership role speaking to civic groups, clubs,
students at area schools, and participants at area fairs and other venues to
promote environmental excellence and sustainability throughout the community
in efforts to improve the City's aesthetic image.
· Promotion of City of Corpus Christi's City-wide Environmental Programs
BCCA shall help educate citizens about the City's various environmental
programs at the direction of the respective City Department's (i.e., Water, Storm
Water, Solid Waste Services, Household Hazardous Waste Projects,
Wastewater, and Code Enforcement) in an effort to achieve a higher level of
environmental excellence for the community.
BCCA2006AGREEMENTrjr
A-2
· Public Information and Education
BCCA will coordinate a teacher training session presenting the "Keep America
Beautiful" and "Waste in Place" curriculum for local teachers and school
administrators.
· Litter Critter Program and Household Hazardous Waste
BCCA shall continue to communicate to area groups and associations about all
Solid Waste Services that are currently offered or modified during the term of this
agreement These City programs are offered in an effort to increase
participation, and thereby reduce the amount of debrIS that is disposed of
illegally
THE FOllOWING REQUIREMENTS Will BE PRESENTED TO THE CITY'S
EX-OFFICIO BOARD MEMBERS OR THEIR DESIGNEES:
· Reporting
The BCCA Executive Director shall provide quarterly executive summary reports.
The first report must be submitted by May 31, 2006. The reports should
summarize the activities included in the terms of the contract and the progress
made. Any deviations from the scope of work must be included. The quarterly
reports should include copies of all monthly financial statements approved by the
BCCA Board of Directors during the period. The subsequent reports are due
August 31, 2006. November 30, 2006 and February 28, 2007. The final report
must summarize activities carried out per the contract, all accomplishments, and
any deviations.
· Review of financial records
Upon the City's request, BCCA agrees to make any and all financial records
available for review.
· Contract manaaement
Management and primary contact for compliance with this agreement shall be
the Director of Streets and Solid Waste Services or their designee.
BCCA2006AGREEMENT~r
A-3
Attachment B
Beautify Corpus Christi Association
545 N. Upper Broadway, Suite 700E
Corpus Christi, Texas 78476
Phone (361) 855-2888 Fax (361) 289-2060
PROPOSED BUDGET FOR 2006
Monthly
ADMINISTRATIVE EXPENSES
BudQet
Health Insurance
I nternetlWebsite/Computer
Meals
Mileage
Miscellaneous
Office Supplies
Payroll for Executive Director
Postage & Delivery
Rent
Taxes - Payroll
Telephone
T-Mobile
Birch Telecom
Travel
157.00
31.62
41.67
120.00
41.67
90.00
3333.33
30.00
1,000.00
255.00
58.33
82.00
62.50
PROPOSED PROJECTS
TOTAL EXPENSES PROJECTED
PROJECTED INCOME
Grant - City of Corpus Christi
Grant - Texas Forest Service
La Noche Bonita Event
Membership Income
Rent (In-Kind Donation)
$ 5,303.12
TOTAL INCOME PROJECTED
BCCA2006AGREEMENTrjr
Annual
BudQet
$ 1,884.00
379.40
500.00
1,440.00
500.00
1,080.00
40,000.00
360.00
12,000.00
3,060.00
700.00
984.00
750.00
$ 63,637.44
25,000.00
10,000.00
15,000.00
$ 1,000.00
12,000.00
$63,000.00
A-4
12
AGENDA MEMORANDUM
City Council Action Date: May 30. 2006
AGENDA ITEM:
A motion authorizing the City Manager or his designee to execute a contract with the
Department of State Health Services for the administration of duties performed by the Vital
Statistics Division of the Health Department and for the payment of record fees due to the
State.
ISSUE:
This contract formalizes an agreement between the Department of State Health Services
and the City of Corpus Christi to provide the City with access to the State's database of
vital records. The City's Office of Vital Statistics will be able to print copies of vital records
as certificates for consumers and will pay $1.83 to the State for each record printed. The
City, in turn, collects a fee from the consumer for the issued certificate.
REQUIRED COUNCIL ACTION: Approval of the contract.
PREVIOUS COUNCIL ACTION: None
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to authorize the
contract
,
BACKGROUND INFORMATION
The Office of Vital Statistics office is administered by the Public Health District. In 2005,
16,225 birth certificates and 20,274 death certificates were issued by this office. In order to
issue these certificates there must be access to the State's database of vital statistics
Information. This contract formalizes an agreement to provide this access. The fee of $1.83
is unchanged from that which has been charged previously by the State. In addition to the
fees paid to the State, the City agrees to maintain documentation of certificates generated
and to purchase supplies and equipment necessary to print the certificates. The cost of
printing the certificates and paying the $1.83 fee to the state is offset by the fees charged
to the consumer. The current fee for a birth certificate is $22.00 and a death certificates is
$20.00 These fees are set by the State.
...
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 30. 2006
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute a pro fessional services contract with
GISPlanning, Inc. of San Francisco, California for an amount not to exceed $34,600.00 for a license
to the City for the online use of GIS Planning's ZoomProspector software as hosted by GIS Planning,
Inc. for use as Client's Economic Development site-selection analysis GIS web site.
ISSUE:
The MIS Department has investigated ways to promote Economic Development utilizing the City
Geographic Information System (GIS) and its' data. GISPlanning has been found to be the best at
providing such software and services. The data will come from multiple sources such as the city's
own GIS data, a business directory which GISPlanning will update, and from local real estate
professionals who will be able to add listings to the site. This new Economic Development GIS
website will allow companies worldwide to search Corpus Christi for sites and/or buildings to match
their corporate needs. Other cities who utilize this technology have reported positive results, with
companies locating facilities in their communities and bringing jobs there.
Annual mamtenance and support fees of$28,600 will be required starting in one year.
REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over
$25,000.
PREVIOUS COUNCIL ACTION:
None.
FUNDING: The total cost of$34,600.00 will be funded from the MIS Department Fiscal Year 2005-
2006 budget.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
presented .
e>. P. ca,:e. ~c:..u:'
Ogilvie Gericke
Director of MIS
Application Senrices Agreement
Thl' Applicatlun SerVice, Agreemenr ("Agreement") dTective as I)f Ma),_, 2006 ("Effective Date"), is entered into by
and between (, is Planning, llh: I'G I '-; Planning") and the City of Corpus Christi ("Client"). This Agreement describes the terms
and londition' under which (i1~ Phnning wi I license to Client the online use of GIS Planning's ZoomProspector software as
hpsted by GIS PlannIng for liSt dS bent's C((l!loml\ development site-selection analysis GIS web site, In consideration of the
nl!11 uai pnHllhl~ ,illd U1ll1i the term, and umditlOTIS belo\-l the parties agree as follows:
LicensclScope ofSer~ict:~, (,\S Plannlllg will provide
tll<' L\pplication Services with respe\: to the I.lom Prospector
s,) h ware ("Application S<.:n kes' ) a, describec in Sc hedule A
altached heret" and 111 accordance vith this \greement. In
addition, GIS Planning shall provide professional services to
integrate ZoomProspector (as provided and lic<:,nsed as part of
the Services) and the Servic<:,s ,'lith ('bent's data (the
"Integration Services") rhe Application Services and
Integration Services are hereafter cullectivel) reterred to as
'Services," Subject to the term, of this Agreement. and upon
payment in full, GIS Planning grants to Client a rersonaL
nontransferable nonsublicensable. nonexclusive limited
bcense to use the ZoomProspect<>r suftware functionality ani)
a~ part of the Sen Ices. and use any ,oftware created, made, 0]
pro\ ided with the IntegratIOn Serv,ces only as pan of the
Ser'. Ices, and unh 1'01 Cllent~ ,wn Lise and not un behalf 01
tlmd parties, in accordance \\ nh an\ documentatiun provided
b\ GIS Plannmg. Client agrees that It shall not dlstnbute, rent.
sei I. lease, license, assign or otherwhc transfe] all \I] dny part
of the Service', including but n\>t IlInited to dn\ ,oft ware or
ay,oc;ated documentation to <my hir, i part~
GIS Planning will retam the \u]e and exclusive nght 1.0 control
and direct the manner or mean, b\ which the Services are
perJormed, and ma~ employ ur subcpntract others with respect
to such Services An~ ehallge~ or additions tu the Services
required by Cllem must be agreL'd upon in writing :.igned b)
both parties. in the event of changes or additlOn> to the
Sen I~es, Cliell' shall acccpl 'uen modifications or alkrations
1<- the fees, costs, tlml' "I performance and nMnner 01
perhmnance, iI> GIS PlanninE', Shetll prompth iCientih 10 Client
a> r,.~su]ting from 'he accepted ch;mge
.2 Client' sJ)_uties~d Rc:;mmsibllities
2 Data and Information Client shall makL' aniiable in a
timely manner at no charge 10 GIS Planning all technical data.
programs, files, documentation. sample output. 01 other
information and resources reasonably required h GIS
Plannmg for the performance uf the Services mc luding but not
limited to elsel names firewall configuration, and lP
addresses, and the Busines, [hta lescribed 111 I\:hibit A.
Paragraph 6. Clicnt will be responSible for, and assumes the
risk of any problems resulting from. the content. clCcuracy.
completeness and consistency 01 all such data matenals and
information supplIed by Chcnt Client shall ~ooperate with
GIS Planning and provide such assistance as GIS Planning
may reasonabh request !!1 connection with CilS Planning's
efforts to obtain all consents, approvals and authorizations of
and cooperation from third partie; which may be necessary or
re'-lldred in order tu effeduate thl:' Sl'rvrce~ cuntemplated by
thIS A.greemen' !. Iiem shall !'ed: an (Psts iincludml! those
above and beyond GIS Planning's quoted costs) and including
added time resulting from Client's failure to meet its
"hi igallons
Fees and Payment
, Fees. The fees for a specific project shall be specified
in Exhibit A Client shall pay GIS Planning fifty percent
(50%) of the initial project fee upon entering into this
Agreement and before commencement of Services by GIS
Planning, and the remaining balance no later than thirty (30)
days from the completion of the data integration and start of
application services. Additional fees may be incurred on a
time and materials basis for consulting services in accordance
with the rates set forth on the applicable Statement of Work.
(lIS Planning's fees are based on information provided by
Client. Client accepts full responsibility for additional fees
incurred based on the inaccuracy of such information. The
annual application services renewal fee, if any, as set forth in
Exhibit A shall be paid thirty (30) days prior to the end of the
then current term The renewal fee may be changed after the
first renewal penod.
~ "\ Expenses. Client shaH reimburse GIS Planning for all
reasonable out-of-pocket expenses actually incurred by GIS
Planning in performance of the Integration Services.
33 Taxes, If Client is not a tax-exempt entity, Client shall
pa\ or reimburse any and all federal, state, dominion,
provincial or local sales, use, personal property, excise, or
other taxes, fees or duties arising from or related to this
c\greement (othel than taxes based on GIS Planning's net
11IC,lmel
; --I L<:t!e Payment GIS Planning may cease performance
ut Sentces at anv time if payment is not timely made. In
addition, after Client has accepted the integration of their data
with ZoomProspector, Client shall pay GIS Planning one and
one-half percent ( 1.5%) interest per month on the outstanding
balance of any fees or expenses not paid within thirty (30)
day s of the due date provided GIS Planning is not in breach of
tlm Agreement
~ Ownership. As between the parties, title to and
ownership of the Zoom Prospector software and Services,
methods, technology, and all proprietary rights therein, any
accompanying printed materials and all copies and portions
thereof including but not limited to source and object code,
specifications, designs, processes, techniques, concepts,
Improvements. discoveries, and inventions made or developed
Jll connection with the Services (collectively "Work Product")
shall be' and at all times remain with GIS Planning. Nothing in
this Aareement shall grant to Client any ownership or title to the
Work Product, nor limit GIS Planning's ability to use Work Product
for other projects. Work Product does not include content provided
bv Client. such as information about physical properties or brokers.
i-'onfj<l~1tli!!1nformatlon
Each party ("ReceivlIlg Part}") agree:, hi keep
~onfjdential and not disclose or use except in perfonnance of its
,bligations under thl' Agreement .:onfidentiai or proprietary
iflfc)ffilation related tu the "ther p,tIty's ("Di'icJo;,ing Party")
'edmolog) or buslIles,. lIlcludlOg. but not limited to. mfc)m1ation
relatlOg to product'i or technology of U1e Disclosing Party or the
:Jroperties, composition, structure. use or process 109 thereof.
:umputer program" oode, algorithms, "hematics, data. know-how,
pmcesses, ideas, I!1ventions, and other technical, business. fmancial,
lIId product development plans, forecasts. strategies and
ntc)rmation (all of the foregoing, "'onJidentiallnf\)rmation") Each
p,my shall use reasonable precdutil'lIs to protect the \)ther's
,mfidential Infunnation. {onfidentJaI lnformatioll shall not
:nclude infonnathl!1 the (a) IS HI 01 enters the puhlic domain
'nc!uding m reasunably 3\ ailable public or govemmern databases
lhrough no improper action or lOaction fly the Receiving Party; (b)
\as rightfully to the Receiving PaJ1y's possession or known by it
prlUr to receIpt lrum the Dlsclc'sing Part). (c was rightfully
disclosed to ilie Receiving Party b\ another person without
restriction; or id) was Itldependently developed bv the Receiving
I'art\ by persons without access to such informatlon and without
Llse of any Confidentiallnforn1ation of the Disclosmg Part). Each
paJ1.' may disclose Confidential lnfornlation that is required to be
dl-;closed by j (uuft or uther adjudicative body provided that
reasonable measures are taken to minimize disclosure and guard
agaltlst further disclosure, and also proVided that the party gives the
tlther party prior written notlce,)f the proposed disclosure to allow
the other party to seek protection for the : 'onfidential [nt)nnation.
, WarraIlJ.1'J2isclaim~LimitationofLiabi1ity GIS Planning
will use reasonable commercial efforts tu provide the Services in a
prufcssional and workmanlike maImer. (,[S PLANNINej MAKES,
~\ND CLIENl RECEIVES, NO WARRANTIES OF AN'{ KIND,
FXPRESS, ThfPl.IED OR 51 'TUTORY, AR[SING 11\ ANY
\VA'\ OUT Of. RELATED H OR UNDER THIS
AUREEMENl OR TIlE PROVlSION OF MA TERJALS OR
SERVICES rrIEREUNDER. AND GIS PLANNING
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY
()F !\1ERCHANTABILITY OR FIlNESS FOR A PARI1CULAR
PURPOSE. In addition, CLIEN'! AGREES THAT GIS
PLANNING'S LlASnJTY UNDER lliIS AGREEMENT IS
LIMITED TOrHE AMOUNT PAID FOR SERVICES. IN NO
EVENT SHALL GIS PLANNING f IA VE ANY L1ABlLITI'
FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES INCLUDING, WITIIOUT LIMITA TION,
DAMAGES FOR LOST PROFITS, LOSS OF DA TA OR COSTS
OF PROCUREl\1ENT OF SUBSTITUTE GOODS OR
SERVICES, ARISING IN ANY WAY OUT OIT1-IIS
:\GREEMENTUNDER ANY CAI 'SE ilf AC1lO'\.
renn and lennination. This Agreement will take effect on
the Effective Date and will remain In effect, unless earlier
terminated in accordance herein. fill ont year At the end of the
first one-year term, this Agreement will be renewed for an
additional 3 Years upon the mutual agreement of the parties. GIS
Planning shall notifY Client in writing 30 days before the renewal
period of any budget changes which results in an increase to the
budget for the renewal periods. Said costs include, but are not
limited to: demographic data costs, business and workforce data
C{)sts, consumer expenditure costs, business competition/synergy
database costs, and Class A quality Data facilitylIntemet bandwidth
fees Client may, at Its discretion, allow the Agreement to become
tern1inated as a result of this notification or incur, at Client's
expense, additional applicable costs directly associated with the
expenses listed aoove. Notwithstanding the foregoing, GIS
Planning may immediately terminate this Agreement if GIS
PlaJming determines that Client has failed to comply with any of the
tem1S and C{)nditions of this Agreement, or may terminate for
convenience provided that GIS Planning offers Client the
opportunity to license the ZoomProspector software directly at a
commercially reasonable price. This Agreement may be tenninated
by either party if the other party (i) fails to pay any amount due
under this Agreement within ten (l0) days after written notice of
such nonpayment, or (ii) commits a material breach of this
Agreement, which breach, if capable of being cured, is not cured
withm thirty (30) days of written notice oftennination. Tennination
by dny means will not affect the provisions of this Agreement
relating to the payment of amounts due, or the provisions of
Sections 4, 5, 6, 9 and 10 of this Agreement, all of which will
survive termination of this Agreement, regardless of the reason for
termmation. Upon termination, all licenses and rights granted
hereunder shall tenninate, and Client shall immediately return to
GIS Planning, GIS Planning's proprietary and confidential
information, including the Software, if any, and all copies and
documentation of the foregoing, along with a signed, written
statement certifYing that Client has returned to GIS Planning, and is
no longer in possession of the foregoing items.
8. Government Use. If Client is a unit or agency of the
government, or purchasing Services with government funds, the
Services are provided subject to GIS Planning's standard
commercial terms, set forth in this Agreement.
l) Reference: Client agrees that GIS Planning may identifY
Client as a customer on its brochures, websites, and other marketing
materials, and describe the project and Services provided by GIS
Planning to Client. Client agrees to the inclusion of the following
statement in the application "Application Developed by GIS
Planning" with the GIS Planning logo and a link to the GIS
Planning web page.
10. General Provisions, This Agreement is not assignable or
transferable by Client, and any such attempted assignment or
transfer shall be void and without effect. Each party will be and act
as an independent contractor and not as an agent or partner of, or
joint venturer with, the other party for any purpose related to this
Agreement or the transactions contemplated by this Agreement,
and neither party by virtue of this Agreement will have any right,
power or authority to act or create any obligation, expressed or
implied, on behalf of the other party. This Agreement shall not be
governed by, and shall be construed without regard to, the United
Nations Convention on the International Sales of Goods. In any
action to enforce this Agreement the prevailing party will be
entitled
to costs and attorneys' lees I he waiver by either part) of a
breach of this Agreement or any right hereunder shall not
constitute a waiver of any subsequent breach of this
Agreement; nor shall any delay by either party to eXerCIse any
right under this i\greemenr operate a, a waIve, of <1n\ such
right If any pruvislOn of this Agn'ement shall b,. adJudged by
any U)urt of clJmpetent JUrIsdIctIOn 'll be unentorceabie or
mvahd, that proviSion shall be lImited or eliminated to the
minimum extent ilecessary so 'hat this Agreement shall
otherwise remam in full force and effect and enforceable This
Agreement constitutes tht' entIn' a;!reernent hetween the
GIS Planning, In/\. J\ \
By __ 1__ ~_
Name (print): Pablo Monzon
Title ___p~si(t~t
partles hereto related to the subject matter hereof, and any and
all written or oral agreements are expressly cancelled. Any
modifications of this Agreement must be in writing and signed
by both parties hereto Pre-printed purchase order tenns and
any other additional terms, and any tenns in contlict with this
.\greemenL shall be void and of no effect.
Client (City of Corpus Christi)
By _______
Name (print)
fitle
S)J-L{ (o~
Approved as to form: '
,~! .-/-( /}/{... /
Lisa Agul ar
Assistant City Attorney
For City Attorney
,
-'
EXHIBIT A
Statement of Work
1. Application Services:
fhe application serVkes shall he defined as a web-based application service that offers ZoomProspector
:-oftware functionality on d hosted or outsourced basis. ZoomProspector will be hosted on servers with an Internet
service provider or hosting fac:lity that (lIS Planning uses.
Z,)ornProspector timcrlonallty \\ ill include the followmg features
· Available Property Site Selection Query web site users will be able to search for available commercial
propeny based on user-defined information such as minimum and maximum size and type of use.
· Property Reports \\eb site users will be able to generate property reports for available properties.
· Dynamic Demographic Analysis web site users will be able to generate user-defrned demographic analysis
from any available property within the Project Geography.
· License of Demographic Data from Applied Geographic Solutions - data will include demographics,
consumer expenditures and business/workforce data.
· Dynamic Business Reports n web site users will be able to generate user-defrned business reports from any
available property within the Project Geography.
· Dynamic Mapping wel site llser, will hdve the ability to zoom in/out. pan and identify information on the
map
· Online Management system for Real Estate Professionals to list Properties - web site users who are
authorized real estate prokssionals marketing available commercial property will be able to add, delete and
update mfonnation about Iheir properties thmugh a user-friendly web page or site using a login and password
system
· Staff Online Management System web site users who are Client staff will have access to application
services, namely, use of the Zoom Prospector software on a hosted basis, that will provide them with complete
access to the property data for addition, deletion and maintenance. Client staff will also use the application
servlces and/or web site to give real estate professionals access to use the application services for the purpose of
reviewing, adding. deleting and updating information about their properties
· Application Interface the application interface will be created following a design similar to that shown as
Exhibit B The application interface will include color customization and insertion of the Client logo.
Several of the above features ah' described in more detail below
"vailable Property Site-Selection Query
100mProspector will glve the web site user the ability to search and select available property or buildings
m the Project Geography based on size and type (e.g. office, retail, industrial, vacant land, etc.) of space.
As a result of this search the ZoomProspector software will compile a list of locations which match the
identified characteristic, and display them to the web site user. When the web site user clicks a hyperlink
!()r the property in which s/he is interested, the selected property will be shown on the map and a property
report will appear with the characteristics of the space (e.g. size, address, zoning, contact information,
description. etc i
Property Reports
After a property is found through the site selection process and the web site user selects it, ZoomProspector
wilJ generate a pro pert: report that can include real estate professional-submitted graphics. Web site users
will be able to select any available property in the Project Geography and be able to view a map depicting
the dvaiJable property. Information in the property report can include, but is not limited to:
· Commercial Property or Project Name
· Picture subm Itted hy real estate professional or stafT
. Address
· Property fYl'e (eg oftice. industrial. retail, warehouse, vacant land, etc,)
· I and Use
. Total Sne SILe
. (Ither Tenants
· Proper!) description
· Broker Propaty contad information (as a link this will show the broker name, company, address,
klephone, L,\ and ,'-l11ail)
. \'Ii eh f'a!!e L nks
The data described in the propeI1y reports may need to be entered when a property is added to the database,
Some data can be generated automatically if it is included in the Project Geography's GIS database.
The Dynami{' Demo~raphic Engine
ZoomProspector services will give the web site user the capability to dynamically generate demographic
reports for any available property within the Project Geography, Web site users can create demographic
reports based on their own user-defined distance from a property Demographic reports can include
demographic Income consumer-expenditure and workforce information.
The lo<.:ation-speufic demographic radius reports can include radii distances of up to 20 miles around the
;nailable propert\ fhe drive-time demographic reports can include drive-times distances of up to 30
minutes around the a\ailable propert\
The Dynamic Business Report Engine
ZoomProspedor services will gIve the web site user the capability to dynamically generate business reports
for any available property within the Project Geography. Web site users will be able to see the locations of
businesses on the map color-coded by industry Website users will also be able to view tabular business
data in the busine~s report by number of businesses by industry
Online Management system for Real Estate Professionals to list Properties
fhe real e,tate pn)fes.,ionals' site IS, ,j ,\eb page where real estate professionals (like brokers or property
O\\ners) may add an dvailable propl?rt) delete a proper!) that has been leased or purchased, and modify
mtormation tor a proper!) Tc help avoid contlicts between brokers, ZoomProspector will provide for
iIldividual securit\ IOi2lns and P;lsswords so that only the real estate professional who added the property,
,md who has the appropriate logl/l and password, should be able to view or delete the property,
ZoomProspector will also check for the ID of the broker before deleting information. A login and a
pa,sword will als" be required !Il ordel to add or delete a proper!). A user-friendly web site or interface
will be lIsed tn make adding deklin~: "r modifying a property rdatively easy for the broker.
Both the Brokds login database and Property LIstmg database will be maintained on a server running the
"\pplication Serv]( es
13rokers can abo add (,ne photo lhat wil! appear on the property report In addition they will be able to add
up to 2 more dIgital files related to the property which can include photos or documents. The supported file
I;'xtensions for the~e tVI I) additional files are *giL *Jpg. or *pdf. A file size limit will be required for each
file
The Staff Online Management System
ZoomProspector provides a w('b-based interface for the system administrator(s), This Staff Online
l\1anagement Systt'm page will allow the operator to add and delete real estate professionals who may list
Noperties 1m ('!ient's ,ite, and assign them logins and passwords from any computer connected to the
II
internet. All logins and passwords will be stored in a secure database. Client will be able to monitor all
properties through the Administration Page.
"'Web sIte users" refers to end users accessmg Client's website who have the necessary and adequate hardware,
software and Internet connection service~ to access and use most commercial Internet sites.
2. Service Level
ellS Planning will u~l' commercially reasonable efforts tll make ZoomProspector Application Services
available and online at least nmety-five percent (95%) of the time. Customer agrees and understands that routine
maintenance by GIS Planning or its internet service provider or hosting facility may cause temporary downtime, and
that loss of connectivity by Client to the hosted system due to reasons which are beyond GIS Planning's control,
such as problems with Client's personal computers or the network between Client and GIS Planning's internet server
hosting facility, may arise and that GIS Planning shall not be responsible for such loss of connectivity or any other
loss of connectivity that is hey\!nd GIS Plannmg's reasonable control
3. Timeline:
rhe time frame for developmg the Software shall be three months from the Effective Date of this
Agreement and all Data To Be Provided By Client (Section 6) has been delivered to GIS Planning.
GIS Planning will use Its management process to ensure smooth and rapid implementation. GIS Planning
will work closely with Client to design and formally capture all the specifications before Software integration starts.
GIS Planning will then track any modifications needed and their completion across two review cycles that lead to
rhe final Software
Developmg the Soft" are in three months is dependant on Client's ability to turn around information
requests In a timely mannel Delays in Client feedback may delay the Timeline
I'he application services will be provided after development of the Software.
4. Additional Services
Except for services identified above III this Exhibit A, any additional custom functionality, data preparation,
design of complementary web pages, changes to the existing interface, maintenance, new services requested, travel
and time ("'Additional Services') will be charged at a consulting fee rate of $150 per hour plus expenses for calendar
year 2006 Client shall make any request for Additional Services in writing and the parties shall agree to additional
services III writing (including bye-mail) prior to performance of the Additional Services. The hourly rate for service
is subject to change in which case client ,hall he notified and approve of change before work is performed by GIS
Planning
5. Proiect Geo2raph,
f'he content or the application services will cover the geographic boundaries of the City of Corpus
Christi, whIch is an area with a population of no more than 350.000 people.
6. Data To Be Provided Bv Client
rhe following is a list of the minimum data that needs to be provided by the Client to GIS Planning at the
lIlitiation of project work
GIS Data
1Il
· One ( I ) Shapefile format dIgital file with all parcels to be included in the project area. The parcel
database must include a c\)ITesponding address for parcels If the shapefile does not have a
correspondini' address tor parcels a parcel-to-address database must be provided.
· GIS layels (up to 6) to be viewed in the application such as zoning, utilities, traffic counts, and
redevelopment project incentive areas. These should cover only the project area geography.
· Aerial photographs for the project area (if available)
· Major Streets & street centerline Shapetile
· Address datahase or addres, laYer Ufparcel Shapefile does not include addresses)
Hu,mes' Dna
· One Ii) Shapdile of all bus messes to be mcluded m the project area. The database should include
at a mmimum the business name, business typeiindustry, and address or parcel number. This
database must be able to he geocoded to the GIS parcel Shapefile mentioned under GIS DATA.
( Iraphic Image,
· An) graphic Images su( h a~ (J iogo, photos. or illustrations which can be used in the application
mterface
'\n\ data manIpulatIOn elr change., to the data are not included in this scope of work.
( liem may update data such as Shapefiks and data four (4) times per year. This data must be placed on a
CD-ROM and mailed to GIS Plarming. The new tiles will be uploaded to the server. Client may use up to 10 GB
of aerial Imagery and I GB of data of total storage on the server. Client understands and agrees that Data may be
used in connection with regionaL state, or national GIS applications and services that are provided by GIS Planning
to promote GIS Planning s clien:s' available properties.
..,
Fees
Initial Project r__e (development and hosting for initial term): $ 33,600
:\nnudl Ren,:w:il Fee 1'0' Application Ser\lces: $ 27.600
Internet License for Database of Businesses in the City of Corpus Christi: $ 1,000
13.549 total business as ()f 5/1 7'2006
IV
EXHIBIT B
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DTralllc Counts
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for lease yes
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$1200
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14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 30, 2006
AGENDA ITEM:
Motion authorizing the City Manager or his designee, to execute Amendment NO.1 to
the engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in
an amount not to exceed $74,500 for the Wholesale Raw Water SCADA Improvements
2005 Project for the Replacement of Master Meter No, 1 at O. N. Stevens Water
Treatment Plant (Project No 8547)
ISSUE: The existing meter and telemetry systems do not provide reliable measurement
and acquisition of the quantity of treated water delivered into the distribution system.
Timely acquisition of this data is needed at 0 N, Stevens Water Treatment Plant for
optimization of the water treatment process,
FUNDING: Funding is available from the Water Fund,
CONCLUSION AND RECOMMENDATION: Approval of the motion as presented.
/"
E 0 Garafia, PE.
Director. Water Services
5A~
el R Escobar, P,E. D e
DIrector Engineering Services
At~chments:
Exhibit A: Background Information
ExhIbit B' Contract Summary
Exhibit C. Location Map
'lHOME\KEVINS\GEN\VVATER\854i SCADA 2005VI.EAmd1 Memo,doc
BACKGROUND INFORMATION
SUBJECT: Wholesale Raw Water SCADA Improvements - 2005 (Project No. 8547)
PROJECT: This phase of the project will provide the engineering services necessary to
result In the installatlor of new raw water meter and telemetry equipment at O. N.
Stevens \'Vater Treatment Plant The consultant will provide the design services for the
project. and will develop the technical specifications for use by the City in procurement
of the 48-lnch meter flow transducer, equipment and fittings, and installation. The
consultant will provide flow meter calibration service through a sub-consultant, tie in of
the meter to the City's SCADA software, commissioning, operation and maintenance
manuals and technical support
ADDITIONAL INFORMATION:
Reliable measurement and acquisition of water production data is necessary for
optimization of water operations and distribution. This data is essential to measure the
quantity of water delivered into the distribution system, and to adjust rate of water
treatmellt
This phase of the project continues the process of automating telemetry monitoring and
control of raw water usage. This contract previously resulted in installation of new
meters and telemetry to the following
City of Mathis Raw Water Intake Pump Station:
City of Beeville Raw Water Intake Pump Station;
San Patricio Municipal Water Distnct Mary Rhodes Pipeline Raw Water Diversion;
San Patricio Municipal Water District Nueces River Water Intake Pump Station;
Flint Hills Refinery Raw Water Intake Pump Station;
Celanese Refinery Raw Water Intake Pump Station,
Mary Rhodes Pipeline Raw Water Intake Pump Station at Lake Texana; and
o N Stevens Water Treatment Plant Raw Water Metering Vaults.
The Water Department has made these and other improvements to its raw water meters
and the raw water SCADA systems Freese and Nichols provided the engineering
services on those improvements to the raw water SCADA control and security systems.
They also provided services to upgrade and calibrate the raw water meters. The highly
technical nature of SCADA software requires that any modifications be compatible with
the existing system Modifications can be best prepared by the individuals that
designed the original SCADA system
CONTRACT DESCRIPTION:
A, summary of the contract is attached See Exhibit B.
~ \HOMEIKf '/INS\GEN\\/VATER.'354" SCADA 21'051AEA.wd1 BkgExhAdoc
CONTRACT SUMMARY
'he Consultant will provide the following services
1. Design Phase Provide engineering services for the O.N. Stevens High Service Pump
Building No.1 master meter #1 improvements, consisting of construction/procurement
documents. including 1) installation of treated water meter and telemetry equipment at the
o N Stevens WTP. These services shall include
a) review available records. archives, and pertinent data related to the Project, identifying
some of the potential problems and possible conflicts, intent of design, and
improvements required;
b) study existing master meter at the plant, Including connections to the existing facilities.
Development of the construction sequencing will be coordinated with the City Operating
Department(s) and Engineering Services staff;
c) prepare 1 set of Construction Documents in City format (using City Standards as
applicable), including; specifications and drawings to describe the size and character of
the entire Project description of materials to be utilized; and such other essentials as
may be necessary for construction and cost analysis;
d) prepare final Quantities and estimates of probable costs and probable construction
schedule
e) provide 1-cOPI 60% plans (plans only-identify needed specifications) to the City staff for
review and approval purposes with estimates of probable construction costs. Required
With the 60% plans is a HPlan Executive Summary" which will identify and summarize the
project by distinguishing key elements such as
(1) Meter model and selected features
(2) Advantages of selections
(3) Specific requirements of the City
(4) Standard specifications
(5) Non-standard specifications
(6) Any unique requirement
(7 Cost, alternatives, etc.
f) assimilate all review comments. modifications, additions/deletions and proceed to next
phase. upon Notice to Proceed
g) provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of
the 60% and 100% complete plans and complete bid documents with specifications
accurately reflect the percent completion designated and do not necessitate an
excessive amount of reviSion and correction by City staff Freese and Nichols, Inc. shall
submit a letter declaring that all engineering disciplines of all phases of the submittals
have been checked, reviewed and are complete prior to submission, and include
signature of alt disciplines Including but not limited to structural, civil, mechanical,
electrical, etc
h) upon approval by the Director of Engineering Services, provide one (1) set (hard copy
and electronic of final plans and contract documents suitable for reproduction (In City
Format) and said:::ontract documents henceforth become the sole property and
ownership of the City of Corpus Christi;
I) the City agrees that any modifications of the submitted final plans (for other uses by the
City) will be eVidenced on the plans and be signed and sealed by a professional
engineer prior to re-use of modified plans; Freese and Nichols, Inc. shall not be
responsible for any liabilities resulting from such modification;
Jl prepare and submit monthly status reports with action items developed from monthly
progress and review meetings
-1 hOM€\KEVI ~~S(;EN\W A TE R\8E4 7 5 ';ADA 2005\AEAnld 1 ExhB doc
2 Construction Phase i=reese and Nichols, Ine will provide the following construction phase
serVices
a provide technical Information for use by the City In procurement of venturi flow meter.
pressure transducer temperature sensor, concrete vault and miscellaneous ductile iron
piping. Coordinate with City to expedite processing of procurement
b! provide flow meter calibration service. The City furnished flow meter, pressure
transducer, and flow totalizer will be calibrated by the Utah Water Research Laboratory
as a subconsultant to FN
C' design, fabricate and commiSSion instrumentation panels for remote monitoring of meter
from location within high service pump station. Coordinate with City for tie-in of meter to
eXisting SCADA System Instrumentation services will be provided in conjunction with
Automated Concepts. inc (.A.CI! as a subconsultant to FNI.
dJ prOVide and commission instrumentation tubing, insulation, heat trace, and sump
e! provide electncal services for installation and commissioning of conduit and wiring for
Instrumentatien Circuit and sump pump.
f) preparing Operations and Maintenance Manuals and providing operator training to City
staff
g, pr'oviding technical support services dUring construction
Section 'II Fees is arneflded to read
III. FEES
Origin_~1 gOl1tr~c:;t.Eee_
Amendment No.1
- -~--_._----_._- --~--_.~
D.N. S~'{ens_WTP Mastl!~Meter No, 1 ~ac~'!1~_l1t
Basic Services
~ ~._._-
1. DesIEnE_has~, _
Subtotal Basic Services
------.-----
Additi~J:1~-' Service~JAuthorizec!L_ _ _~___
2. Meter Installation Construction Phase Services
---.----...--- --_.~_._._._- ---'-"- -------
}. Mathis scaffolding s~port___ __',__
4. Relocate San P_~tricio Instrumentation panel
Sub-Total Additional Services Fees Authorized
----'--'--
Total Amendment No.
----
Total Authorize
'~HOME\KE\i'NS\GEN\VV!\TER\8547 S;ADA 200',IAE"'-nld 1 ExhBdoc
Fee
- ---
---_._~. $179,100
----
$22,303
$22,303
--
$41,622
---- $8,575
--- $2,000
$52,197
1 Fee $74,500
d Fee I $253,600
ON STEVENS
WATER PLANT
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LoeA TION MAP
PROJECT NO. 8547
WHOLESALE RAW WA TER SCADA
IMPROVEMENTS-200S PROJECT
,ITY or CORPUS CHRISTI, TEXAS
EXHIBIT "e"
CITY COUNCIL EXHIBIT
OEPARTMENT OF ENGINEERING SERVICES
~
--
- -
- -
PAGE: 1 of 1
DATE: 08-15-2005
---
15
CITY COUNCIL
AGENDA MEMORANDUM
DATE: May 30,2006
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
Use Privilege Agreement with Mako Communications, L.L.C. (Owner), tor the right to
construct, maintain, and replace, two (2) awnings within the North Lower Broadway Street
nght-ot-way, and one (1) awning within the Peoples Street right-ot-way, adjacent to the
Mako Communications building, located at 518 Peoples Street; establishing a tee ot
$162.00; and declaring an emergency
ISSUE: Mako Communications submitted a request to install private awnings within two
city public rights-ot-way extending approximately 3-teet into the public right-ot-way across a
public sidewalk, adjacent to the Mako Communications building.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval tor use ot any
portion ot public right-ot-way tor private purposes
RECOMMENDATION: Statt recommends approval ot the ordinance as presented.
~?:;~
IC el N. Gunning~ AICP
FAct g Director ot Development Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Agreement
Mako Communications, LLC (Owner) requested a Use Privilege Agreement (UPA) trom the
City ot Corpus Christi to construct, maintain, and replace two (2) one-piece canvas awnings
within the N. Lower Broadway Street right-ot-way, and one (1) three-piece section canvas
awning within the Peoples Street right-ot-way, adjacent to the Mako Communications
building, located at 518 Peoples Street
Mako Communications, is constructing two (2) canvas awnings within the N. Lower
Broadway Street right-ot-way (602 and 610 N. Lower Broadway), and one (1) three-piece
section canvas awning within the Peoples Street right-ot-way (518 Peoples St.), adjacent to
the Mako Communications building The three-piece awning will span a maximum of 2'-6"
from the face of the building by means of cantilever connection, across the existing 1 a-foot
wide sidewalk and be approximately 15-foot in length. The two awnings on N. Lower
Broadway will span approximately 3' -0" from the face at the building by means of cantilever
connection. across the existing 1 a-toot wide sidewalk with one awning being approximately
6-foot long and the other being approximately 13'-0" long. All three awning structures will
be designed to meet City Code and withstand 120 mile per hour wind load. There will be
'10 end supports or post supports to the awning structures. within the existing 1 a-toot
sidewalk
All the awnings must have a minimum 7 -foot clearance between the lowest point or
projection and the sidewalk immediately below. The 1 a-foot sidewalk shall be available to
normal pedestrian tratfic The existing building located at the N. Lower Broadway and
Peoples Street intersection is at zero lot line directly adjacent to both street rights-ot-way.
Mako Communications, as owner of the proposed awning will be solely responsible for the
structure's appearance and maintenance.
All publiC and franchised utilities were contacted. None of the city and private franchised
utilities had any objections, provided the applicant meets the specified conditions set out in
the UPA Owner is required to obtain a building permit and comply with the 2003
International Building Code, Chapter 31 (Sec. 3105. Canopies and Awnings) and is subject
to compliance with its provisions The applicant has been advised of and concurs with the
conditions of the Use Privilege Agreement.
A one-time tee of $162.00 is recommended for the UPA.
\. \gen\agUF)\lJ~a'imako-cc'mm rn2
EXHIBIT A
FROM: Michael N. Gunning, .'\cting Director of Development Services
DATE: May 23. 2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: May 30. 2006
ORDINANCE CAPTION:
Ordinance authorizing the City Manager. or his designee, to execute a Use Privilege Agreement with Mako
Communications, L.L.C. (Owner), for the right to construct, maintain, and replace, two (2) awnings within the
North Lower Broadway Street right-of-way, and one (1) awning within the Peoples Street right-of-way, adjacent
to the Mako Communications building located at 518 Peoples Street; establishing a fee of $162.00; and
declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
SPECIFIED CONDITIONS AS PART OF CLOSURE:
Mako Communications (Owner) pay the $162.00 UPA fee for the installation of two awnings within
the N. Lower Broadway Street right-of-way and one three-piece awning within the Peoples Street
flght-of-way
All the awnings must have a minimurn 7 -foot clearance between the lowest point or projection and the
Sidewalk immediately below.
AJI the awnings will extend approximately 3-feet from the face of the building by means of cantilever
connection There will be no end supports to the awning structures, within the existing 10-foot
Sidewalk
4
All three awnings will be designed and constructed to meet City Code for wind load (withstand 120
mile per hour wind load).
All combustible matenals used for the construction of such awning shall be protected with not less
than one-hour fire resistance.
Owner is required to get a Building Permit and comply with the 2003 International Building Code,
Chapter 31 (Sec. 3105 Canopies and Awnings) and is subject to compliance with its provisions.
Owner agrees to comply with all the specified conditions and provisions as set out in the Use Privilege
Agreement
REQUESTED BY:
frx-
. Gunning, AICP
irector of Development Services
DATE:
5-24-0,(
L\PPROVED
DATE:
EXHIBIT B
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH MAKO
COMMUNICATIONS, L.L.C. (OWNER) FOR THE RIGHT TO
CONSTRUCT, MAINTAIN AND REPLACE TWO (2) AWNINGS WITHIN
THE NORTH LOWER BROADWAY STREET RIGHT-OF-WAY AND ONE
(1) AWNING WITHIN THE PEOPLES STREET RIGHT-OF-WAY,
ADJACENT TO THE MAKO COMMUNICATIONS BUILDING, LOCATED
AT 518 PEOPLES STREET; ESTABLISHING A FEE OF $162; 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 Mako Communications, L.L.C., (Owner) tor the right to
construct, maintain and replace two (2) awnings within the North Lower Broadway
Street right-ot-way and one (1) awning within the Peoples Street right-ot-way, adjacent
to the Mako Communications Building. located at 518 Peoples Street.
SECTION 2. That Owner will comply with the terms and conditions ot 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. Mako Communications, L.L.C (Owner) pay the $162.00 UPA tee tor the
installation ot two awnings within the North Lower Broadway Street right-ot-way
and one three-piece awning within the Peoples Street right-ot-way.
2. All the awnings must have a minimum 7-toot clearance between the lowest point
or projection and the sidewalk immediately below.
3. All the awnings will extend approximately 3 teet from the face of the building by
means ot cantilever connection. There will be no end supports to the awning
structures. within the existing 10-toot sidewalk.
4. All three awnings will be designed and constructed to meet City Code for wind
load (withstand 120 mile per hour wind load).
5. All combustible materials used for the construction ot such awning shall be
protected with not less than one-hour fire resistance.
6. Owner is required to get a building permit and comply with the 2003 International
Building Code, Chapter 31 (Sec. 3105, Canopies and Awnings) and is subject to
compliance with its provisions
( . DOCUME Jlauriela\I OCAlS-.J \TempORD-upa-MakoComdoc
7. Owner agrees to comply with all the specified conditions and provisions as set
out in the use Privilege Agreement.
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 30th day of May, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved May 24, 2006
BY~~
Ga W SmIth
Assistant City Attorney
For City Attorney
H I.EG-DIRgaryws\gan\'is agenda\2006\()5-30\ORD-upa-MakoComdoc
Corpus Christi, Texas
____day of _____ _________, 2006
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.
-,-_.. "--- '-----.---..-.- ..---
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
1-1' LEG-DJ R\garyws\garv\VsdgendaI2006{'5-3IJ \( )RD-upa-MakoCom.doc
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" DETAIL" "'. 4
BLOCK ill
BBACH PORTION
VOL A. PAGE 2 AND :I
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16
AGENDA MEMORANDUM
May 23, 2006
AGENDA ITEM:
a. Public hearing to amend the Platting Ordinance of the City of Corpus Christi by
adding the authority to delegate duties under the Platting Ordinance and specifying
authority for signing plats by a professional engineer employed by the City.
b. First Reading Ordinance to amend the Platting Ordinance of the City of Corpus
Christi by adding the authority to delegate duties under the Platting Ordinance and
specifying authority for signing plats by a professional engineer employed by the
City
ISSUE: To improve the efficiency of the platting process the proposed ordinance
delegates certain plat authority to the Development Services Engineer with respect to
approval and recordation of plats.
REQUIRED COUNCIL ACTION: Provide opportunity for public input and adopt ordinance
to amend Platting Ordinance to add a provision for delegation of authority and revision to
Section III.H.1.k) (1), Section III.H.5., Section IV.A.12.c)(3), Section V.A.3.a)(1} and Section
V.A.3.c)
RECOMMENDATION: Staff recommends the proposed amendment to the Platting
Ordinance
/'
~~.
I R. Escobar, P.E.,
irector of Engineering Services
.$) 17. 'Pt
~~
Mi ael N. Gunning, AICP
Acting Director of Development Services
Attachment
Exhibit A - Background Information
Exhibit B - Ordinance
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Platting Ordinance Amendment to Delegate Duties and Specify Signing
Authority for Final Plats
BACKGROUND:
The City of Corpus Christi is committed to improve the platting process under the direction
of the Department of Development Services.
The proposed Platting Ordinance amendment is intended to modify the development
process to delegate authority to subordinates and improve responsiveness to the public.
Approval of this ordinance will authorize the Development Services Engineer to sign and
approve all plats for recordation.
The efficiency will be realized in the current time frames with the Director of Engineering
Services/City Engineer being required to sign all plats. By transferring this authority to the
Department of Development Services, once the Development Services Engineer has
approved the plat, the plat can be signed and recorded without further delay.
Planning Commission at the regularly scheduled meeting on May 17, 2006 will review the
proposed amendment and is anticipated to recommend adoption.
EXHIBIT A
Page 1 of 5
AN ORDINANCE
AMENDING THE PLATTING ORDINANCE BY ADDING THE
AUTHORITY TO DELEGATE DUTIES UNDER THE PLATTING
ORDINANCE AND SPECIFYING AUTHORITY FOR SIGNING PLATS
BY A PROFESSIONAL ENGINEER EMPLOYED BY THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TeXAS:
SECTION 1. That Section I "General," of the Platting Ordinance of the City of Corpus
Christi Texas, IS amended by adding a new subsection D "Delegation of authority,"
which shall read as follows:
seCTION I - GENERAL
..
*
*
I. D. Deleaation of authority. Whenever a section of this Ordinance requires
or authorizes an officer or employee of the city to do some act or perform some duty, it
shall be construed to authorize the officer or employee to desiqnate. deleqate and
authorize subordinates to perform the act or duty, unless the terms of the section
specifically provide otherwise.
SECTION 2. That Subsection H "Final Plat." of Section III "Procedure," of the Platting
Ordinance of the City of Corpus Christi. Texas, is amended to read as follows:
SECTION III - Procedure
..
*
III.
H.
Final Plat:
'"
*
*
III
H.
1.
kl
(1) STATE OF TEXAS
COUNTY OF NUECES
This final plat of the herein described property
approved by the Department of Development
Engineering Services Enqineer of the City of Corpus
Christi, Texas. This the _day of , 20_.
Director of Engineering Services/City Engineer
Development Services Enaineer
H \LEG-DIR\Shared\GarvS\agenda\2006\05-23\Plat approvaldoc
III
H
Page 2 of 5
*
*
*
5
Upon approval of a final plat, the applicant shall aCknowledge all
required improvements as specified by this ordinance and found
applicable by the Planning Commission. The Director of
Development Engineering ServiceslG#y-Engineer shall not
endorse the final plat until seventy-five percent (75%) of the
required improvements are in place. and in compliance with Section
\/, Paragraph A Subparagraph 3.a) or until security for the
construction of the improvements has been provided in compliance
with Section V. Paragraph A, Subparagraph 3.b) or until payment in
lieu of the construction of a half street or payment for the half street
and related infrastructure improvements has been received in
accordance with Section IV. Paragraph A, Subparagraph 12. The
Chairman and the Secretary of the Planning Commission are
authorized to endorse such final plat as approved and allow said
plat to be recorded with the County Clerk of the appropriate county
Jurisdiction AI! required fees shall be paid prior to recordation.
* "
SECTION 3. That Subsection A "Streets," of Section IV "Design Standards," of the
Platting Ordinance of the City of Corpus Christi. Texas. is amended to read as follows:
SECTION IV - Design Standards
IV.
A.
Streets:
A
12
" *
" *
C)
(3 )
The deposit of the City. if any, and the deposit of the
subdivider shall be in an amount as determined by the
City Council and shall be posted to the Infrastructure
Trust Fund prior to the Director of Development
Engineoring Services~ Engineer signing the plat;
" *
SECTION 4. That Subsection A "General," of Section V "Required Improvements," of
the Platting Ordinance of the City of Corpus Christi. Texas, is amended to read as
follows:
'-' \LEG-DIRIShared\GaryS\agenda\20e'6\05_23\Plat aporcval.doc
Page 3 of 5
SECTION V - Required Improvements
v.
A.
General:
v
A
3
v
A.
3
a)
( 1 )
*
*
*
*
*
The developer shall submit to the Director of
Development Engineering ServiceslGffy-Engineer a
sworn affidavit requesting approval of the plat by the
Director of Development Engineering ServicesfGity
Engineer and agreeing to complete the required
public improvements in accordance with such plans to
the satisfaction of the Director of Engineering
Services/City Engineer prior to any occupancy of any
building within the subdivision, and agreeing that
temporary utility service prior to completion of the
improvements may be terminated by the City with 24-
hour notice if required public improvements are not
completed within ninety (90) days of recording the plat
or replat;
* *
The Director of Development Engineering ServicestGtty
Engineer shall accept cash in lieu of construction of a half
street or cash in lieu of both a half street and either or both
of its related water and sanitary sewer infrastructure
improvements, if the Planning Commission has approved the
plat containing the half street in accordance with Section
IV.A 12 and Re may sign the plat if the requirements of
Section IV.A.12 have been met and the Director of
Engineering Services/City Engineer Re find~f within his/her
sole discretion, that seventy-five(75%) of the remaining
required public improvements for water, sewer, streets and
drainage as set forth on plans previously approved by the
Director of Engineering Development ServicestGtty Engineer
have been completed
* *
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
Judgment of a court of competent jurisdiction, it shall not affect any other section,
l; )
H \LEG-DIR\Shared\GaryS\agenda\2006\05-23\Plat approval.doc
Page 4 of 5
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 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 7. 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 8. This ordinance shall take effect upon and after publication of this
ordinance
-I. \LEG-DIR\SharedIGaryS\agendaI2(:06\05_23\Piat approva!.doc
Page 5 of 5
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _ _ day of__ , 2006, by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the ____ day of __, 2006 by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED. this the ___ day of
,2006.
ATTEST
CITY OF CORPUS CHRISTI, TEXAS
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: May 17, 2006
~~~~ ----
Assistant City Attorney
for City Attorney
H \LEG-DIR\Shared\GaryS\agenda\2Cl06\05-23\Plat approval. doc
17
MEMORANDUM
May 23, 2006
TO: Honorable Mayor and Council Members
/
FROM: 'Angel R Escobar, PE J..r1l: ~~
Director - Engineenng Service/ '
SUBJECT: Truck TraffiC - Gulf Compress
Please find attached a letter from Gulf Compress dated May 26, 2006, See Exhibit A
The Compress will be working with the gin managers to ensure their contract truck drivers
exercise extra caution on Parr and 19th Streets, The Compress will also widen the
dnveway entrance within the public right of way to minimize dust
Attachments
Exhibit A Gulf Compress Letter
H \HOME\KE VINS\GE N\STR E ETS\Pa! rStreet\Merno T 'ns mtC ompress Ltr doc
COMPRESS
po. BOX 1378.361-882-5489.201 N. 19th ST.
CORPUS CHRISTI, TEXAS 78403
DELTA DIVISION. P.O. BOX 459.956-689-2728
RAYMONDVILLE, TEXAS 78580
May 26, 2006
Mr. Kevin Stowers
Asst. Dir. Of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi. TX 7840 I
Dear Mr. Stowers, '\
. stt\tct their truck drivers to drive slow
19th Streets. We want to be good
extend the apron op the north side of
wn.
tdoe aUI and of course the
ill be careful when bringing their
Please find the en 'ell gin that brings cotton
to our main plant
We will urge t .
and watch for
neighbors. I have'
our exit street in
The Gin managers will instruct tit'
drivers themselves are professional
loads to us.
,'t
Thank you and Ricardo for your guidance and help.
Regards,
rL. \
(~_LL~~L e\
Bob W eatherford~C./ ,-
President and CEO
May 26,2006
To:
From:
Re:
Gin Managers
Bob Weatherford
Gin Trucks Coming In To Plant #1
We ask for your help this coming cotton season. We have received some
complaints from our neighbors that live on Parr Street, the short street
behind Plant # 1, concerning the speed and noise generated by the trucks that
bring cotton in from your gins. We ask you to please instruct your gin's
drivers who bring cotton to the Compress by using Parr Street to watch their
speed and be mindful that there could be some children at play near that
street
We have been in contact with the City of Corpus Christi's Traffic
Engineering Department about the use of Parr Street. They will remove the
"No Truck" signs but will insta]] "Slow" and "Children at Play" signs to
remind the truck drivers to be careful as they use Parr Street. We want to be
good neighbors and observe the signage that will be erected.
We don't have any problems with using 19th Street but we do ask you to
instruct your drivers to observe all signage and to be mindful of the
residences around our 19th Street location.
.--......--...--.-.......- ,,'--.- -~._---,.<_.._.._--_..<.--
AGENDA MEMORANDUM
.. '-~-" -'- --,,_.~-_.,,-~ --- ----..,.-..--.--.-. .-.-.. -"._.~ -----------
May 23, 2006
SUBJECT: Truck Traffic - Gulf Compress
AGENDA ITEM:
Amending the Code of Ordinances, City of Corpus Christi, Chapter 53,
Traffic, revising Section 53-251, Schedule II by adding the category "other
through streets"; by adding Parr Street, from Comanche Street to Ahern
Street, Ahern Street, from Parr Street to Bluntzer Street, and Bluntzer Street,
from Ahern Street to Agnes Street; providing for severance; providing for
publication; and providing for penalties.
FUNDING: The Annual Street Operating Budget will address needed signage.
RECOMMENDATION: Approval of the ordinance as presented.
/
~ ~ .s-/I~6
. I . Escobar, P. E.
· irector of Engineering Services
AQ.QlTIONAL SUPPORT ~A TERIAL
Exhibit A Additional Information
Exhibit B-E Site Map
CIDQCUME-1 luser\LOCALS-1 ITemplAgenda Memo doc
ADDITIONAL INFORMATION
ORDINANCE: Adoption of the ordinance is necessary to permit continued operation of
the Gulf Compress in compliance with the Chapter 53, Traffic of the City Code of
Ordinances.
Background
Gulf Compress Incorporated is a cotton bale storage and distribution business located
at 201 North Nineteenth Street. They have over one and one-half million square feet of
warehouse storage space that fronts Nineteenth Street to the east and Parr Street to
the west. The Gulf Compress warehouses were built in the 1920's and have been in
operation ever since. Access to the warehouses from both sides is critical to their
business operations.
During the 2005 cotton season, Traffic Engineering received a complaint from a resident
on Parr Street concerning truck traffic. Review of applicable ordinances with the City's
Legal Department determined that Parr Street was not listed as a through street. This
effectively prohibits truck traffic except for trips necessary to make deliveries on the Parr
Street or surrounding streets. A "No Trucks" sign was installed by the City Street
Department to inform drivers of the prohibition.
Subsequently, Mr. Bob Weatherford, President and C.E.O. of Gulf Compress met with
Traffic Engineering and the Engineering Department as to alternatives. The staff
suggested several alternatives to the Compress which ultimately did not prove feasible.
Mr. Weatherford then requested truck traffic be allowed on Parr Street from Comanche
to Ahern Street, on Ahern Street from Parr to Bluntzer and on Bluntzer from Ahern to
Agnes. See Exhibit "A_1 and "A_2".
Public Notice
Thirty seven public notices were mailed to property owners adjacent to the streets being
considered for use by heavy trucks. Of these thirty seven Staff received four phone calls
expressing their position with regard to the request to allow heavy truck traffic on these
streets.
Mr. Francisco Garcia of 221 Parr Street and his wife are both against the request due to
the constant noise on a 24 hour basis during the harvest season from August to
November of every year. The dust or mud when it rains that the trucks promote is as
annoying as the noise they make. They complained about not being able to sleep at
night because they live right in front of the entrance and exit driveway to the warehouse
located at about the midpoint of Parr Street.
Mrs. Soyla Valdez of 229 Parr called on behalf of her father Pedro Valdez says she is
concerned for the children in the neighborhood that are constantly in the street and not
properly supervised. She does not think it is a good idea to allow the trucks onto Parr
Street. She says she has seen a lot of close calls.
Mrs. Domitilia Saldana called on behalf of her father Eulalio Rodriquez of 203 Parr
Street to say they have no objection to allowing the trucks delivering cotton to the Gulf
Compress warehouses to continue doing so as they have for many years.
Mrs. Enriqueta Rios of 307 Parr is concerned with the fact there are no sidewalks and
people have to walk on the street She is not opposed to the trucks saying they are
covered and not noisy
Public Hearing
The Traffic Advisory Committee held a public hearing on May 8, 2006 at 2:00 p.m., to
hear comment and concerns with regard to the proposed amendment to city ordinance
allowing for heavy truck traffic on said portions of Parr, Ahern and Bluntzer Streets. Mr.
WiHiam H. Green. Chairman of the Traffic Advisory Committee presided over the
hearing at which a presentation of the facts was made by city staff and comments were
requested of anyone wishing to speak at the hearing. Mr. Bob Weatherford, President
and C.E.O of Gulf Compress was the only speaker that commented for the record that
afternoon He basically reiterated his written request. See Exhibit "A-2".
Prior to the meeting, Mr Francisco Garcia of 221 Parr Street signed up to speak but did
not come forward when request for public comment was announced by the Chairman
presiding over the hearing. The chairman made two (2) requests for public comment.
Mr. Garcia did tell City Staff he was not sure if he would speak or not and he was
advised to sign in case he did decide to speak.
The Traffic Advisory Committee recommended amendment of the ordinance to permit
truck traffic on Parr Street , Ahern and Bluntzer to permit continued operation of the
Compress with the stipulation that additional cautionary advisory traffic signs be
installed
Mr. Garcia came to the Traffic Engineering office the following morning to say he was
never called up to speak and presented a petition opposing heavy truck traffic on the
street sections in question. The petition was signed by three (3) notified owners, three
(3) people on the 100 block of Bluntzer, which is just north of the portion of Bluntzer
being considered and nine (9) tenants living on Parr Street.
Mr. Garcia was reminded about the announcements made by the Chairman requesting
pubUc comment and that he would have another opportunity to speak to City Council
before the ordinance would be approved. He said he did not hear the announcement
and that he may come to speak at the council meeting. The City Legal Department
reviewed the circumstances, and determined that not calling a person by name did not
affect the validity of the public hearing
Exi.ting Conditions
Parr Street, Ahern and Bluntzer are classified as residential streets with fifty feet of right
of way and all are improved with twenty feet wide asphalt pavement roadways. There
are no curb and gutters or underground drainage. There are no sidewalks. There are
Exhibit A
Pa e 2 of 3
twenty two residential structures, two commercial structures and several vacant lots
along Parr Street. See Exhibit "B" There are two residential structures, one vacant
apartment building and several vacant lots on Ahern Street. See Exhibit "C" There are
several vacant lots, one used car lot and one storage warehouse along Bluntzer. See
Exhibit "D" The zoning IS primarily 1-3, heavy industrial, with one property zoned as R-
1 B, one family dueling residential, along the street frontage in question. See Exhibit "E".
Traffic IS very light with counts less than 400 cars per day. Research of traffic accidents
for the past three years reveals three accidents. Two at the intersection of Bluntzer and
Agnes and one on Parr at the stop sign with Bluntzer.
The available access for trucks to the Gulf Compress warehouses is shown in Exhibit
'A-2". They have access off of IH 37 via Port Avenue to Comanche and in off of
Nineteenth Street. They have access off of SH 358 (Cross-town Expressway) via Agnes
to Nineteenth Street. These are all "through streets" listed in City of Corpus Christi code
of ordinances Section 53-251, Schedule II. In accordance with Section 53-101 only
'through streets" listed in Section 53-251, Schedule II are available for use by trucks
weighing more than 2000 pounds There is an exception that if deliveries are being
made to a location on a street not identified as a "through street" trucks are allowed for
limited periods of time and by means of the shortest most direct route. However in
Industrial zones if there are both "through streets" and residential streets to a business
only the established truck route may be used even if it is not the shortest most direct
route. Parr, Ahern and Bluntzer are not included as through streets in Section 53-251
Schedule II.
RECOMMENDA liON:
Approval of the ordinance as presented.
COMPRESS
PO. BOX 1378. 361-882-5489.201 N. 19th ST.
CORPUS CHRISTI, TEXAS 78403
DELTA DIVISION. P.O. BOX 459 . 956-689-2728
RAYMONDVILLE, TEXAS 78580
1\1r. Kevin StO\vt"rs
Ass istant Director 0 r Engineerm).!
City of Corpu~ Chri~ti
1201 Leopard St
P () Box 9277
Corpus ChristL I exas 7846(/
Febmary 17. 2006
Dear Mr. S to vIers. '\
Gulf Compress IS in th"l co
agricultural cooperatIve, wpr
year we store over
C( Impress stores the'
011 a normal year
500,000 hales to 0 .
usiness. Weare an
.' farmers. On a normal
roduc , em third of Texas. Gulf
. tribution to textile mills all over the world.
'ales to {J S mills and export approximately
We have three s
N. I qth Street' s
19:W'c; Because of
coHon harvest seas
property. We nOTInally use Parr
critical to our busines:-, that we do so.
propel1y \Va~ huiJt thert'
orpus Christi but our main location is at 201
g bales of cotton silpe the early to mid
operty and the volume of trucks during the
StreetfoL )hel\ entering or leaving the
..we.. rlhg the harvest but it is
een the ca~<e since before any residential
A few months ago we were told that Parr et is not approved for truck traffic and "No
Trucks" signs were placed at the entranc d exit to this short street. Apparently the
ordinance has been in place f{1J several years without our knowledge and without being
enfc)rced. I Jnless w~' are granted relief. it \vill greatly impact our business. We have tried
to find a way to lontinue this busines~ without using Parr, hut cannot do so.
Our ability to do business depends on the use of that street. We also think it's fair to point
out that we were here first. Cotton trucks were using that area long before anyone moved
there We believe that should allow us to be "grand-fathered" and therefore exempt from
the ordinance. and allowed to continue to do business as in the past.
Exhibit "A-I"
f f that is not possible, then we would ask that the ordinance be changed to allow a
-;ea..<;onal (a few weeks), agricultural exemption from the ordinance, or to have Parr Street
designated as approved for commercial traffic
Please lel us kllO\\ If Wt' need to provide more information or how to proceed towards
resolution of thlS problem. 1t will soon be Julv <lid hopefully another cotton crop will be
ready for harvest
.." interely.
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Bob Weatherford \ -
President & ('E( ,
Exhibit "A-2"
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Page 1 of 9
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 53, TRAFFIC, REVISING SECTION 53-251,
SCHEDULE II BY ADDING THE CATEGORY "OTHER THROUGH
STREETS"; BY ADDING PARR STREET, FROM COMANCHE STREET
TO AHERN STREET, AHERN STREET, FROM PARR STREET TO
BLUNTZER STREET, AND BLUNTZER STREET, FROM AHERN
STREET TO AGNES STREET; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS'
SECTION 1. Section 53-251 of the Code of Ordinances is revised to read as follows:
"Sec. 53-251. Schedule II-Through Streets: Arterial~ollector. and Other
Ihrough ~treets.
In accordance with the provisions of section 53-130, and when signs are erected
giving notice thereof, drivers of vehicles shall stop at every intersection before entering
any of the follOWing streets or parts of streets:
Arterial Streets
A prinCipal street at A 1--A8 classification per the city's urban transportation plan
which is continuous across a significant segment of the city and which is intended to
'~onnect with through collector and neighborhood collector streets; curbside parking
restricted: Intended to accommodate a speed limit of 35 MPH or higher, and a traffic
volume in excess of five thousand (5,000) vehicles per day.
Agnes Street, West City Limits to Carancahua Street.
Airline Road. Ocean Drive to Rodd Field Road.
Airport Road/Agnes Street to Horne Road.
Alameda Street Ennis Joslin Road to Ayers Street.
Ayers Street Ocean Drive to south City Limits.
Baldwin Boulevard Leopard Street to South Staples Street.
Bear Lane. Old Brownsville Road to Joe Mireur Road.
Breakwater Avenue, U.S. 181 to Navigation Boulevard.
H'\LEc;.DIRWeronlcaOIENGINEERINGITRAFI=IC ')r, O~23 CeJ.Amd Tratk ParrSrOtherThroughSts do,
Page 2 of 9
Buffalo Street, IH 37 to North Broadway.
Buford Street, South Staples Street to Ocean Drive.
Burleson Street, Surfside Boulevard to West Causeway.
Bush Avenue, S.H. 358 to Holly Road.
Callicoatte Road. Up River Road to south City Limits.
Carancahua Street, Buford Street to Padre Street (I.H. 37 No. Frontage).
Carbon Plant Road, I.H. 37 to northern terminus.
Causeway Boulevard, Breakwater Avenue to north City Limits.
Chaparral Street, MesqUIte Street to Coopers Alley.
Cimmarron Boulevard, Airline Road to Yorktown Boulevard.
Clark wood Road (FM 2292). Up River Road to south City Limits.
Comanche Street, Palm Street to Carancahua Street.
Coopers Alley. T ancahua Street to Shoreline Boulevard.
Corn Products Road, Up River Road to Hopkins Road.
County Road 36, F.M. 2292 to western terminus Doddridge Street, South Staples
Street to Ocean Drive,
Elizabeth Street, Staples Street to Ocean Drive.
Everhart Road, Alameda Street to Oso Parkway.
Ennis Joslin Road. Alameda Street to South Padre Island Drive and future
extension at Wooldridge Road.
Farm to Market Roadways, all.
Flour Bluff Drive. South Padre Island Drive to Yorktown Road.
Gollihar Road. Staples Street to Airline Road; Staples Street to Greenwood
Road.
Greenwood Drive. South Port Avenue to south City Limits.
Heinsohn Road. S.H. 44 to Bear Lane.
Holly Road. Bush Avenue to Lexington Road.
Horne Road, Old Brownsville Road to Ramsey Street.
Interstate 37
John Sartain Street, Mesquite Street to Shoreline Boulevard.
Kinney Street, Tancahua Street to Shoreline Boulevard.
H:\lEG,DIR\ V erOfllcaOlENGINEERING\ TRAFF IC.o6 D523 Ord ,Amd T rattic, ParrS tOtherThroughS ts, doc
Page 3 of 9
Kostoryz Road. South Staples Street to Saratoga Boulevard.
Laredo Street. Carancahua Street to 21 st Street
Lawrence Street, Lower Broadway to Shoreline Boulevard.
Leopard Street. Upper Broadway to I.H. 376 west Frontage.
Lipan Street. Upper Broadway to Up River Road.
Manning Road. I.H. 37 to S.H 44.
McKinzie Road, I H. 37 East Frontage to S.H. 44.
Mesquite Street, Chaparral Street to Coopers Alley.
Morgan Avenue, Airport Road to Ocean Drive.
NA S. Drive S.H 358 to Naval Air Station South Gate.
Navigation Boulevard, Old Brownsville Road to Breakwater Avenue.
Ocean Drive. South Shoreline Boulevard to the Naval Air Station North Gate.
Old Brownsville Road (FM 665). Airport Road to south City Limits.
Old Robstown Road. Agnes Street to Leopard Street
Park Road 22 (South Padre Island Drive), Naval Air Station Drive to south City
Limits
S H 361, Park Road 22 to north City Limits.
Port Avenue. (North) U.S. 181 to Morgan Avenue; (South) Morgan Avenue to
Ayers Street
Rand Morgan Road, IH. 37 to S H. 44.
Resaca Street. Mesquite Street to Ocean Drive.
Rodd Field Road (S.H. 357), S H. 358 to south City Limits.
Santa Fe Street, Buford Street to Robert Street
Saratoga Boulevard (SH 357). Rodd Field Road to future extension at Rand
Morgan Road.
Sedwick Street. F.M. 3386 to Southern Minerals Road
Schatzel Street. North Shoreltne Boulevard to Upper Broadway.
Shoreline Boulevard, (North) Coastal Avenue to Pearl Street and Hughes Street
to Coopers Alley. (South) Coopers Alley to Ocean Drive.
Southern Minerals Road, Up River Road to S.H. 44.
Staples Street, (North) West Broadway Street to Kinney Street, (South) Kinney
H:\lEG.DIR\VeronicaO\ENGINEERING\TRAF"!Cr'fi O~23 (i'jAmd TraffiC ParrSiOtherThroughSts doc
Page 4 of 9
Street to south City Limits.
State Highway 44.
State Highway 286.
State Highway 358 (Padre Island Drive), I.H. 37 to Naval Air Station Drive.
Talbert Street. S.H. 44 to southern terminus.
Tancahua Street. I.H. 37 to Buford Street.
Third Street. Ayers Street to Buford Street.
Twigg Street, Mesquite Street to Ocean Drive.
US. Highway 77
US Highway 181.
Up River Road, Lipan Street to McKinzie Road; Violet Road to Sharpsburg Road;
Leopard Street to U.S. 77.
Violet Road. I.H. 37 to S.H. 44.
Waldron Road, Naval Air Station Drive to south City Limits.
Water Street, (North), Hughes Street to Coopers Alley; (South), Coopers Alley to
Buford Street.
West Pomt Road. S.H 358 to Greenwood Drive.
Weber Road, South Staples Street to south City Limits.
William Street. Lower Broadway to Shoreline Boulevard.
Yorktown Boulevard, Laguna Shores Road to future extension at Saratoga
Boulevard.
Collector Streets
A principal street of C1--C2 classification per the city's urban transportation
plan which is semi-continuous across a smaller segment of the city, typically
connecting one or more subdivisions and crossing one or more arterials; curbside
parking generally permitted; and which is intended to accommodate a speed limit of
30--45 MPH. and a traffic volume in excess of 1,500 vehicles per day but not greater
than 20.000 vehicles per day
19th Street Agnes Street to Lipan Street.
Alpine Road. Corn Products Road to Rand Morgan Road.
H:ILEG.DIR\ V eronlcaOIENG INEER ING\TRAFF Ie. 06 ':'523 ')rdAmd. T raf!ic P arrS tOtherThroughSts. doc
Page 5 of 9
Antelope Street, I.H. 37 to Upper North Broadway.
Bates Drive. future extension from Old Brownsville Road to future extension at
FM 763.
Beach Avenue, Surfside Boulevard to West Causeway Boulevard.
Blanche Moore Drive. S.H. 358 to Williams Drive.
Bockholt Road, Sedwick Road to McGloin Road.
Bratton Road. Weber Road to Brezina Road.
Brazina Road. future extension of Yorktown Boulevard to Bratton Road.
Bronco Road. Sedwick Road to S.H. 44.
Brooks Road. Airline Road to Oso Parkway.
Brownlee Boulevard, Staples Street to Winnebago Street.
Buddy Lawrence Drive, Leopard Street to North City Limits.
Cantwell Road. Up River Road to Baldwin Boulevard.
Caribbean Drive, Waldron Road to Laguna Shores Road.
Carmel Parkway, Gollihar Road to Alameda Street.
Carroll Lane Staples Street to future extension at Kostoryz Road.
Clarkwood Road. Agnes Street to Up River Road.
Cliff Maus Drive, S H. 358 to Bear Lane.
Cimmaron Boulevard, Yorktown Boulevard to future extension as Oso Parkway.
Columbia Parkway, Horne Road to S.H. 358.
Corona Drive. Flynn Parkway to Everhart Road.
Don Patricia Road. Flour Bluff Drive to future extension at Laguna Shores Road.
Flato Road, Agnes Street to Bear Lane.
Flour Bluff Drive, S.H. 358 to Matlock Drive.
Glenoak Drive, Flour Bluff Drive to Laguna Shores Road.
Graham Road, Flour Bluff Drive to Laguna Shores Road.
Haven Drive, McKinzie Road to future extension at Violet Road.
Hearne Road, Calltcoatte Road to Up River Road.
Hereford Road, Leopard Street to Agnes Street.
Hopkins Road, Southern Minerals Road to S.H. 358.
Horne Road. Ramsey Street to Kostoryz Road.
H:\LEG-OIR\VeronlcaOIENGINEERING\TRAFFICC>60'j23 (J;dAmd Traftic Parr"tOtherThroughSts.doc
Page 6 of 9
Hustlin' Hornet Drive, Waldron Road to Laguna Shores Road.
Joe Mireur Road (FM 763), S.H. 44 to Bear Lane.
Laguna Shores Road, Park Road 22 to Yorktown Boulevard.
Lands Road, Greenwood Drive to Ayers Street (S.H. 286).
Lantana Road. Interstate 37 to Up River Road and Leopard Street to Lexington
Boulevard.
Leeward Drive, St. Bartholomew Drive to Windward Drive.
Lexington Boulevard, Leopard Street to S.H. 358.
Lipes Boulevard, South Staples (F.M. 2444) to future extension at Airline Road.
McArdle Road, Ayers Street to Ennis Joslin Road.
McBride Lane Up River Road to Agnes Street.
McCampbell Road, Leopard Street to Agnes Street.
McGloin Road, Clarkwood Road to future extension of Manning Road.
McKinzie Road, Interstate Highway 37 to future extension at planned extension
of Violet Road.
Norton Street. Kostoryz Road to Ramsey Street.
Nueces Bay Boulevard, West Broadway to Leopard Street.
Omaha Drive, Interstate 37 to Agnes Street.
Oso Parkway, Yorktown Boulevard to Lens Drive.
Palm Drive, Interstate Highway 37 to Comanche Street.
Park A venue, Shoreline Boulevard to Water Street.
Peoples Street. Lower Broadway to Shoreline Boulevard.
Poth Lane, Interstate Highway 37 to Buddy Lawrence Street.
Purdue Road. Flour Bluff Road to Waldron Road.
Ramsey Street, Horne Road to Norton Street.
Rhew Road, Leopard Street to Sedwick Road.
Richter Street, S.H. 358 to future extension at Holly Road.
Robert Street, Alameda Street to Ocean Drive.
Sam Rank in Street, Port Avenue to I.H. 37.
Santa Elena Street, Airport Road to Joe Mireur Road.
Schanen Boulevard, Weber Road to Everhart Road.
H:\LEG-DIR\ V eronieaO\ENGINEE RING\ TRAFFIC\06 0523 Ord. Amd. T raffie ParrS10therThroughSts. doc
Page 7 of 9
Sea Pines Drive. South Padre Island Drive (Park Road 22) to west terminus.
Sharpsburg Road. Interstate Highway 37 to Up River Road.
Slough Road Airlme Road south to future extension at Oso Parkway.
Starr Street Shoreline Boulevard to Lower Broadway.
Suntide Road Up River Road to northern terminus.
Surfside Boulevard, (East) Elm Street to Pearl Street, (West) U.S. 181 West
Frontage Breakwater Avenue.
Surfside/Timon Boulevard, Elm Street to Gulden Street.
Tancahua Street, Interstate 37 to Brewster Street.
Tarlton Street. Ayers Street to Greenwood Drive.
Taylor Street, Shoreline Boulevard to Upper No. Broadway.
Texan Trail. Staples Street to Santa Fe Street.
Tiger Lane. Weber Road to Flynn Parkway.
Trojan Drive. Greenwood Road to S.H 286
Tuloso Road, Leopard Street to Up River Road.
Villa Drive. Baldwin Boulevard to Agnes Street.
West Broadwav Street, Nueces Bay Boulevard to U.S 181.
West Point Road. S.H 358 to future extension of Holly Road at Old Brownsville
Road
Westchester Drive. Leopard Street to Baldwin Boulevard.
Whitecap Boulevard, west terminus to Windward Drive.
Williams Drive. Everhart Road to Rodd Field Road.
Windward Drive, Whitecap Boulevard to St. Bartholomew Drive.
Winnebago Street I.H. 37 North Frontage to No. Port Avenue.
Wooldridge Road. Staples Street to future extension at planned extension of Oso
Parkway
Other ThroUGh Streets
Parr Street, Comanche Street to Ahern Street.
Bluntzer Street, Ahern Street to AQnes Street (S.H. 44).
Ahern Street, Parr Street to Bluntzer Street."
H:\LES.OIRIVwonlcaO\ENGINEERINGITRAf'FIC06 C'~23 (-,dAme Traffic P8rrSIOtherThroughSts doc
Page 8 of 9
(1966 Supp.. S 21-154; Ord. No. 18745, S 2.3-12-1985; Ord. No. 22836, S 1,1-28-
1997)
* * *
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 hereof be given full force and effect for its purpose.
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: \LE G-DIRIV eronlcaO\ENGiNEE R ING\TRAFF IC\06 052:, OrdAmd. T mffic ParrStOtherThroughSts. doc
Page 9 of 9
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________,2006, by the fOllowing vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of ____ __ ___ ___ 2006 by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the ___ day of _____
,2006.
A,TTEST
-----..------..-- --"----.-
Armando Chapa
City Secretary
Henry Garrett
Mayor, City of Corpus Christi
-
Veronica Ocanas
Assistant City Attorney
for City Attorney
H:\LE G -DIR\ V eronlcaO\EN GINEE RING\ TRAFFIC\06. 0'1 23 (lrd .Amd T rafilc P a rrStOtherThroughSts doc
18
..~ .--
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council ActIOn Date: 5/30106)
Case 1'\0. 0406-06-GP McCreless, Juan Mejia and Encino-Cimarron GP c/o Tim Clower: A zoning
change from a "R-l B" One-family Dwelling District/"A-l" Apartment House District/"A-2" Apartment House
District to a "B-1" Neighborhood Business District. The property being 39 acres out of Flour Bluff and
Encmal Farm and Garden I racts, Section ii. Lots 6. 7. 8. 9 and 10, located 375 feet southwest of the
mtersection of Saratoga BOI devard and Clmarron Boulevard.
PJanBin2 Commission and Staff's Recommendation (4/19/06): Approval of the "B-1" Neighborhood
Business District
~uested Council Action: Approval of the "B-1" Neighborhood Business District.
Purpose of ReQuest: fo develop a retaIl shopping center.
Summary:
· rhe applIcant has requested a change of zoning from a "R-1B" One-family Dwelling
District, an "A- I" Apartment House District and an "A-Y Apartment House District to a
"B-1" Neighborhood Business District for a retail shopping center.
· The subject property consists of 39 acres and is undeveloped. The applicant proposes to
construct a four (4) building shopping complex. Such buildings will range from 4,000 to
20,000 square feel with a total shopping area of approximately 148,500 square feet. The
construction date for this project has not been identified.
· Hours of operation are planned from 8am to 6pm, at a minimum, seven (7) days a week.
This development is expected to employ approximately 200 persons.
· The "B-1" Distnct offers various retail, office and restaurant uses. Bars, lounges, taverns
and auto repair lIses are not allowed.
· Development of thIS property with commercial uses could generate approximately 5,920
vehIcle trip ends per day. The subject property is located along Saratoga Boulevard, an
artenal roadway that is designed to accommodate large volumes of traffic. Secondary
access is provided along Cimarron Boulevard, a rural arterial. Traffic generated from this
project would have direct access to the arterial roadways without traversing residential
neighborhoods to the north, south. east or west. Dunbarton Oaks, a designated collector,
when extended through the property will provide additional access and internal
neighborhood connectivity to the proposed shopping center
· The req uested "B-1" District is an extension of the "B-1" District to the west and offers a
lower commercial density designation than the "B-4" District to the east. The
\genda t-knhiiandum
'ase No. '1401,-1)6 ,(iP Mc(rciess. 'uan t\1cJla dnd Fmlllu-Clmanon UP CiU T1Ill Clowel i
"age 2
'omprehenslve Plan Elements can generally be supportive of the requested "B- I"
District Since the subject property has direct access to two arterials.
Applicant's Position: The applIcant 1S In agreement with recommendation.
Notification: Of the forty (40) notices mal led to the surrounding property owners, four (4) were returned
In favor and one (1) was returned in oppositIon. The 20% rule is not invoked. This case is considered
non-controversial. but may involve discussion from the adjacent residents in an effort to obtain
detail development plans from the applicant.
J~ut1~ r-JrJ,Uth
Actmg Director of Development Services
\lGIFGl\lal"
Attachments:
11 70nIng Report
2! Plannmg CommlsslOlI MInutes 14/ ]ll()6)
. i ( lrd mance
i iPLN-DlR\S I IA RED\Gai I , W( IRD,AGENDMEM\20i)6\Apri!\11406-06 AGFNDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No. 0406-0h
Planning Commission Hearing Date: April 19, 2006
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Applicant Ci P, I\lcCreless, Juan Mejia and Encmo-Cimanon GP c/o Tim Clower
Owner Lawrence and Hanna Starr, Monica R, Mejia and EncIno-Cimanon GP c/o Tim Clower
Agent: The Clower Company. fim Clower
Legal Description/Location: Bemg 39 acres out of Lots 6, 7, 8, 9 and 10 Section 11, Flour Bluff
Dnve and Encinal Faml and Garden Tracts. located 375 feet southwest of the intersection
ul Sar atoga Boule\ ard and Cimamm Boulevard.
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! From: "R-IB" One-familv Dv,ellmg DistrIct. "A-I" Apartment House District and "A-2"
\partment House Distnct
To: "B-1 " NeIghborhood Bus1t1es.~ Distnct
.\rea:N acres
Purpose of Request: RetaIl shoppmg center
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Vnrth I "R-I B"/PI ill One-famIlY I 0\\ -denSIty resIdentl
~ D\\ ell mg District \\ Ith a medIcal offices and
Planned t 'nit Development hospItal
and "AB" ProfeSSIOnal
Onlce DIstrIct
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restaurant
Low-density residentl
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se i Future Land Use
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! Medium-density
! residential and commercial
at Low-density residential,
commercial and semi-
public uses
Low and medium density
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,'ase No 'I41J(,-Oh (Mc( relcss, \-leja. EnctJ1o-(llllarron co ('lower)
Page 2
~ '" \J'ea Development Plan: Southslue - The future land use map reconunends medium-density
c..=
co:: 0 I cSldcntlal i1l1d commercIal lhm C\ er. due to the prot)ert\.' location along arterials, a modification
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~ '" to the futurt' land lIse map could he' made to c.,Upporl a low-density conunercial designation.
~ ] Map No. i)4,~03:' and ()4~i)~3 ;
~ > Zoning Violation~ None
· rht applIcant has rellucsted a change of zomng from a "R-IB" One-family
Dwelling District an ,. \-1" Apartment House District and an "A-2" Apartment
House District to a "R- I" Neighborhood Business District for a retail shopping
:eme!
· rhe subject proper!) consists of 39 acres and IS undeveloped. The applicant
proposes to construct a four (4) building shopping complex. Such buildings will
range from 4.000 10 ] 20,000 square feet with a total shopping area of
appro x imately 14X.5()() square feet The construction date for this project has not
heen 1<lenl tiied
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Hours of 'lperatioll are planned ham 8am to 6pm. at a minimum, seven (7) days a
veek Employment for this development is expected around 200 persons.
.
fhe "B-1 Dlstricl otters vanous retail. ot1ice and restaurant uses. Bars, lounges,
la\ erns and auto repaIr uses are not allo\ved
.
Development ot thIS property with commercial uses could generate
approximately 5.920 vehicle trip ends per day. The subject property is located
along Saratoga Boulevard, an arterial roadway that is designed to accommodate
large volumes or traffic. Secondary access is provided along Cimarron
Boule\arc. a rural artena! Trame generated from this project would have direct
,.lCCeSS to lhe artenal rOiHhvays \vithout traversmg residential neighborhoods to the
north. ,Oll tho cast or \\ e51
· The rcq uested "'B-1" DIstrict is an extension of the "B-1" District to the west and
litTers ,J kwer commercial density designation than the "B-4" District to the east.
The Comprehensive Plan Elements can generally be supportive of the requested
'"8- J" District Slllce the ,-ubject property has direct access to two arterials.
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Paved Section
Volume
2001
21,700 a.d. t.
Silratoga Boule\an
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120-foot right-of-way with
a I OO-foot back-to-back
: paved section.
-122' of pavement with side
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8.790 a.d.t.
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Rural al1erial
Zonmg Repurl
Case No 04U6-0h (McCreless, \1eja, EnC1I10-Cmlarron c/o Clower)
Page 3
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\ttachment
Zoning Map
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MINUTES
Itl:( ;l1LAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - April 19, 2006
a, 1)4011-06
iiP V1c('rt'le~s, Juan Mejia and El1c1I10-( 'lInarron GP, c/o Tim Clower: From a
'R- B" One-family Dwelling District, "A-I" Apartment House District, and an
A-2" Apartment House District to a "B-1" Neighborhood Business District
Flour Bluff and Encmal Fann and Garden Tracts, Section 11, Lots 6, 7, 8, 9 and
0, i ~)cated r 5 ft'et southwest of the intersection of Saratoga Boulevard and
i 'Imarron Boulevard
I an ce (Joode-Macon presented tht' ahove case WJth a shde presentation showing the subject property
md surrnunJing area Tilt' suhJect propert) consJsting of 39 acres IS located at the intersection of Saratoga
cmd west 01 l'imarron Boule' ard, whereb\ ,1 "B-1" Neighborhood Business District for the purpose of
Jeve]opll1g a retail shoppmg center IS '-equested, The surrounding areas Include low-density residential and
-,ommeruai 'Nith \aeant land to the south The proposed development \,,111 be comprised of four (4) buildings
is a shoPPll1g complex J(lr a total shoppmg area of approxnuately 148,500 square feet. The hours of
,)peration \\ ill be between 8:110 a,Ill.. tn 6:00 pm" seven days a week \VJth various restaurant and retail uses,
!'here w:ll ill' no bars. repan ,mto llse~ allowed In thl s dIStTlCt. StaW s recommends is approval of a "B-1 "
"-eighborhpod BUSiness I hst"let
in ,ms\\ er to ( ommhsioner Ii uerla S LjuestJOn, M s Goode-Macon stated that the street frontage will be
)/l Sarat()ga Boulevard \\ Ith, single access pOlllt located on Cimarron Boulevard, Sign regulations will fall in
'he "three' \' or morl' tenant: ' group
f'uh hc heanng was opened
Margie MayfIeld. 59:21 Harvest HIlI. Bent Tree Subdivision, Corpus Christi, Texas 78414 stated
she resided across the street trom the subject property and has concern about the location of the entry and
,'Xlt access points along Saraloga BOUlevard
Mary Frances {emente stated that the dnveway on Saratoga Boulevard will be determined by
fxDOT and, per the plattmg urdinance. the local access wIll be on Dunbar Oaks, Traffic Engineering will
"evieyv the driveways to he Sd out With T:-,;[)()T givmg the fInal approval.
(Jeorge Clower, ~84(1 Brock, ( 'orpus Christl. Texas stated he was representing the applicant and
s agreeable 10 the rcc~)mmendatJOn,
Mav Layman, 5926 Ilan'est Hill, (',:)Q1US Chnstl, '1 exas stated she has resided in Bent Tree
"";ubdivislOl1 tor eight (8) years and IS speakll1g on behalf of the neIghbors in Bent Tree Subdivision who
do not believe the proposed development wIll be a posltive addition to the area, This area is not in need
d a strip mail with additional retail and restaurant bUSiness, Traffic has gotten terrible and getting worse
,,'very day, Ihere have been lraffic accidents and there is a constant flow of traffic, We would like to the
.lfea to be kept "as IS" With sll1gle famlly reSIdential rather than commerCIaL
PubliC heanng was closed
'1lOutes E ,CIf,l
\pnl J 9, ~"Or
Page 2
\10110n IVas made to ,lpprO\e the '8-1" Neighborhood Business District was made by
ommis51oner Salazar and sed)nded bv Cllll1nl1ssioner Braselton.
Mr Uunmng stated the "8-1 ,. '\ielghborhood Busmess D1Strlct would be much more compatible
lor this area then the "R-4" Gl~'neral Business District that usually occurs along arterials.
In answer t,) ( omrms~lOner Puslev " guestlOn. \1r (junl1lng stated convenience stores with
tueling statIOns are allu\VnL
In answer to Comrms:oioner Huerta" Ljuestion, Ms. Temente stated that the adjacent drainage
travels along the west Side under ground paralleling Saratoga, then turns north along Cimarron into the
Wooldridge Staples ditch, The Department of Engineenng has provided an amended drainage master plan
for this area with Master ('hannel r to relteve some orthe dramage. The subdivision platting ordinance
requirement for each development reqUIres handling the fin' (5) year deslgn flow. The overflow protection
needed \\ ill he handled by the developers' engmeer
Motion passed unaml11ous]:r.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY G.P. MCCRELESS, JUAN MEJIA AND ENCINO-CIMARRON G.P.
CIO TIM CLOWER, BY CHANGING THE ZONING MAP IN REFERENCE
TO 39 ACRES OUT OF LOTS 6, 7, 8, 9 AND 10 SECTION 11, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-1B"
ONE-FAMILY DWELLING DISTRICT, "A-1" APARTMENT HOUSE
DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT TO "B-1"
NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; 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 GP. McCreless, Juan Mejia and
Encino-Cimarron G.P. C/O Tim Clower, 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,
,A.priI19. 2006, during a meeting of the Planning Commission, and on Tuesday, May 30,
2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christ!. 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 39 acres out of Lots 6, 7, 8, 9 and 10 Section 11,
Flour Bluff and Encinal Farm and Garden Tracts, located 375 feet southwest of the
intersection of Saratoga Boulevard and Cimarron Boulevard, from "R-1 B" One-family
Dwelling District, "A-1" Apartment House District and "A-2" Apartment House District to
"B-1" Neighborhood Business District (Map 043032 / 043033) (Exhibit)
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,
f-j 'LEG-DIR\garvwslgarywslagenda\2006105-30\0406-06 GP McCreless Regulargws060522 doc
Page 2 of 3
except as changed by this ordinance and any other ordinances adopted on this date,
remain In full force and effect
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. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 7. 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 8. 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 30th day of May. 2006
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett.
Mayor. City of Corpus Christi
APPROVED: May 22.2006
~-
Assistant City Attorney
For City Attorney
H.. LEG-DIR\garvws\garyws\agenda\2006\05-30\0406_06 GP McCreless Regulargws060522 doc
Page 3 of 3
Corpus Christi. Texas
__ day of_______, 2006
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.
Respectfu lIy,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
HILEG-DIRIgarywslgarywslagendaI2006\05-3010406-06 GP McCreless Regulargws060522.doc
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PRoPOSED B.1 ZONING
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LEGAL DESCRIPTION ~, ~ ,GutierreI
FIELD NOTES to describe the boundary of a 1.975 acre ~ract ~R ~. LoR
of land being a portion of a 1468 acre tract of land described 5656 South StGOlet;, "Suite c30
. d '0 t JW G Corpus Chrtstl. ielCos 78411
in deed (0 Arnba Development, LLC as recor ed In acumen \!oJ . Phon.. <3&1> 991-8550 fax 993-7S69
# 2005024464, Official Records. Nueces County, Texas and "/'I~1l1 c....{j@crgpLcOl'l
being out ofthe B.S. & F SlJfV@Y 419, Abstract 570, Nueces DiB; S/3l/2lIDe
County, TeKas. ~~..;1.
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FIELD NOTES for a
14.002 ACRES orLAND
Field Notes for all oftbat strip of 14.002 acres of land. reserved and not conveyed in Deed from
ArtImr Starr and wife, Connie May Starr to R.E. Thunnan dated Janwuy 20, 1947. recorded in
Volume 356, Page 242 of the Deed Records ofNueces County, Texas and referred to in said
Deed as being a tract oflaDd 435.60 feet by 1,400.00 feet oftbe northeutemend of Lots 6, 7,
ud 8, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, according to map thereof
recorded in Volume A, Paps 41-43 of the Map RecordsofNuec.es County, Texas said 14.002
acres tract being more fully described by metes and bounds as follows:
BEGINNING at a point (no m.onumeutation found or set) on the sout.bwest boundary ofSeratoga
Boulevard, a 120.00 foot wide public roadway for tbe north comer of Lot 3, Block 1, Brighton
Village. Unit 5, B map 0 which is recorded in Volume 58, Page 123 of the Map Records of
Nueces County, Texas for the east corner of this tract;
THENCE South 28D 55' 41" West, (Deed=Soutb 280 58' 05" West) along the northwest boundary
of said Lot 3, at a distance of 0.11 fuel pas a found 518" iron rod, in all a total distance of 435.26
feet (Deed=435.00 feet) to a 5/8" iron rod found for the south comer of'this tract;
THENCE North 61Q 03' 06" West, at a distance of 1399.74 feet pass a found 5/8" iron rod, in all
a distance of 1399.96 feet (l)e:ecF'l400.00 feet) for the west comer oftms tract;"
THENCE North 280 56' 24' East, a distan~ of 436.11 (Deed=435.60 feet) to a 5/8" iron rod with
a red plastic alp stamped "Urban Enge C.C. TX" found on the southwest boundaIy of said
Saratoga Boulevard for the north comer of the this tract;
nmNCE South 610 01' 00" East, along the southwest boundary ofsaid Saratoga Boulevard; a
distance of 1399.87 feet (Deed=1400.00 feet) to the POINT OF BEGINNING.
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FIELD N'OTES for a
19.648 ACRES of LAND
ALL that certain tract or parcel of land situated in Nueces Count. Texas, same lying within the
Corporate City Limits of Corpus Christi. Texas same being out of Lots 6, 7. S. 9, and 10, Seaion
11, Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A. Pages 41-43 of the
Map ~ds ofNueces County, Texas same being out oftbe 65.09 acre tract as recorded in
Volume 2013, Page 524 of the Deed Records ofNueces County. Texas, and descn'bed by metes
and boulMis as follows, to-wit:
BEGINNING at a 5/8" iron rod found for the East corner, same lying in the Northwest right-of-
way margin of CiJnarron Road. same being the South comer of a 14.10 acre tract as recorded in
Document #862914 ofthe Warranty Deed Records ofNueces Coumy, Texas same lying SOUTH
28057' 30" WEST 1,290_67 feet and NORTH 61000' 00" WEST 40.00 feet from a nail and cap
found at the intersection of the centerline of Saratoga Boulevard and said Cimarron Road~
THBNCE along said Northwest right-of-way margin ofCimarron Road, SOUTH 280571 30ft
WEST 108 32 feet to a 5/8" iron rod set for the South comer, same being the East corner of a
t 9.76 acre tract as recorded in. Volume 2108, Page 985 of the Deed Records ofNueces COWlty,
'feus
THENCE along the Northeast boundary line of the said 19.76 acre tract, NORm 610 ox 30"
WEST 1,100.00 feet to a 5/8" rod set for a West comer, same being an interior comer of said
19.76 acre tract;
THENCE, along Southeast boundary line of the said 19_76 acre tract, NORTH 280 57' 30'1 EAST
313_.99 feet to a 5/8" iron rod set for an interior comer. same being an East comer of said 19.76
acre tract;
THENCE, continuing along the Northeastboundaty line of the said 19.76 acre tract, NORTH 610
04' 55" WEST 84515 feet to the 5/8" iron rod set for the West comer, same being the North
comer of said 1976 acre tract. same lying in-the common boundary line of said Lot 6 and-Lot S.
Section II of said Hour Bluff and Encinal Farm and Garden Tracts;
THENCE, along said common boundary line Lots 6 and 5, NORlH 28055' OS" EAST 590.00
feet to a 518" iron rod set for the North comer, same being the West comer of a 14.00 acre tract
conveyed to R.E. Thurman as recorded in Volwne 245. Page 222 of the Deed Records ofNueces
County. Texas;
'fHENCE, along the Southwest boundary line of said R.E. Thunnan14.00 acre tract. SOUTH 610
02' 30" EAST 1,01321 feet to a 5/8" iron rod set for an East corner~ same being the North comer
fa 5.17 acre tract as recorded in Volume 2238. Page 804 of the Deed Records ofNueces County~
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THENCE, along the Northwest boundary line of said 5.17 acre tract, SOUTH 280 55' 05" WEST
55929 feet to a 5/8" iron rod set for an interior comer, same being the West comer ofsaid 5.17
acre tract~
THENCE, along the Southwest boundary line of said 5 17 acre tract, SOUTH 610 04' 55 II EAST
3487 feet to 8 5/8" iron rod set,
THENCE, continuing along said Southwest boundary line, a curve to the right with a central
angle of 210 04' 59 ", a radius of 836. 16 feet, a tangent of ] 55.60 feet and a length of arc of
30761 feet to a 5/8" iron rod set;
THENCE, continuing along said Southwest boundary line, SOUTH 400 00' 00" EAST 54.83 feet
to a 518<1 iron rod set for an East comer, same being the South corner of said 5.17 acre tract, same
lying in the Northwest boundary line of said 14. 10 acre tract~
THENCE, along said Northwest boundary line of the 14,10 acre tract, SOUTH 28055' OS"
WEST. passing wough a 5/8" iron rod found at 1216 feet, a total distance of32.]6 feet to a 5/8
inch iron rod set for a corner, same being the West comer of said 14.10 acre tract~
THENCE, along the Southwest boundary line of said 14.10 acre tract, SOUTH 400 00' 00" EAST
246.45 feet to a 5/8" iron rod found;
THENCE, continuing along said Southwest boundary line of said 14.10 acre tract. a curve to the
left with a central angle of 200 59' 59", a radius of 600. 00 feet. a tangent of 111.20 feet and a
length of arc 219.91 feet to a 5/8" iron fod found;
THENCE, continuing along said Southwest boundary tine of said 14.10 acre tract. SOUIH 610
00' 00" EAST 100.00 feet to the POINT OF BEGINNING containing 19.648 acres ofland.
Case JJ~
0'1 OG -- 06"
19
AGENDA MEMORANDUM
PUBLIC HEARING.- ZONING (City ('ouncil ActIOn Date: 5/30/06)
Case No. 0406-07-Alan Anderson: A zonmg change from an "1-2" Light Industrial District to an "1-3" Heavy
[ndustrJaI District. The property being .0121 acres out of 4.85 acres out of Lot 8, Block B, Ocker Addition,
located at 1111 Southern M mera[s Road and approximately 450 feet north of Sedwick Road.
Plannin2: Commission and Staff's Recommendation (4/19/06): Dental of the "1-3" Heavy Industrial District
and in heu thereof. approval of a Special Permit for the above-ground fuel tank per the metes and bounds
descriptIon
Reouested Council Action: Denial of the '[-3" Heavy lndustnal District and in lieu thereof, approval ofa
Special Permit for the above-ground fuel tank per the metes and bounds description.
Purpose of ReQuest r 0 expand the use of the eXIsting truckmg yard to mclude an above ground fuel
tank used in the operatlOn of the truckmg yard
Summary:
. Appltcant IS requesting a change ofzonmg from "[-1" Light Industrial District to "1-3" Heavy
Industnal Distnct to add an above ground fuel storage tank to be used in conjunction with the
operal Ion of the trucking yard currently operating out of the subject parcel.
. The lI1stallation of the above ground fuel tank will reqUIre Zoning Board of Adjustment and Fire
Marshall approval pnor to issuance of the permit
. The proposed tank I~ a double-walled steel above ground fuel storage tank and will hold
approximately 12.000 gallons.
. Per the manufacturer'sspecificatlOns. the tank has a 2-hour fire rating, whereby the structural
mtegrlty of the tank will not be compromised for at least 2 hours. In addition, the secondary
contamment UTIlt wi II provide 110% of the capacity of the internal (primary) tank.
Ap8Ucant's Position: The applicant IS in agreement With recommendation.
N"otification: Of the seven C) notices mailed to the surrounding property owners, two (2) were returned
m favor and zero (0) was returned In opposition. The 2001., rule is not invoked. This case is considered
noncontroversial.
/<<vll?! 4--~y'
Michael N. GJnning, AICP
Acting Director of Development Servic
MG/FGM/als
Attachments:
I ) Zoning Report
, ) Planning C ommissiol1 Minutes (4il9/06)
\ ) Ordmance
i I .PLN-DIRSIIAREIJ\G'\11 WURD\A\jENDMFM\1006\Apnl\0406-lI7 A(iENDAMEM(J.doc
CITY COUNCIL
ZONING REPORT
Case N 0._ _ iJ40()-(l;
Planning Commission Hearing Date: April 19,2006
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Owner Star-lei ServIce.', 1m
Agent: Bnght I ruck Leasmg
Legal Description/Location I 01\ Block R. Ocker Addition
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() l~' I a,Tes out of 4_8') acres out of Lot 8, Block B, Ocker Addition, Located at 1111
:-'outhem Minerals Road, and apprnxnnately 450 feet north of Sedwick Road,
Purpose of Request: To expand the use of the existmg trucking yard to include an above ground
'Leilani used In Ihe operation of the truckIng yard_
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South! "T-2" I Ighl [ndustnal DistrIct . "1-1" Light Industrial
DistrIct
- ---~-------------_._--
'1-2" [ ighl Industnal Distnct "1-2" LIght Industrial
Dlstnct
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11 est ']-2' 1 ,ghl Industrwl Dlstnct "[-2" LIght Industrial
Dlstnct
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"1-2" Light Industrial
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"1-2" Light Industrial
District
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"1-2" Light Industrial
District
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"1-2" Light Industrial
District
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Area Development Plan A I rpllnPort!V 10let
Map No.: O:i4045
Zoning Violations None
/oning RepuJ t
(ase No 0406-0" (.\ndersl'n, i\ Ian)
Page ;>
. ApplIcant IS requestmg a change of zonmg from "[-2" Light Industrial District to "1-3"
Heavy Industrial Distnct to add an above ground fuel storage tank to be used in conjunction
With the operation of the truckmg yard currently operatmg out of the subject parcel.
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. f'he InstallatIOn ofthl' abll\c ground fuel tank will reqUire Zoning Board of Adjustment and
FIre f\larshaij approval pllor to issuance of the permit.
. rhe proposed tank IS d doubk-wa11ed steel above groLlnd fuel storage tank and will hold
approxImately J 2.000 gallons
. Per the manufacturer's speL'Ifications. the tank has a 2-hour fire rating, whereby the
structura I integrity of the tank wi11 not be compromised for at least 2 hours. In addition, the
secondary contamment Ulll] wi11 prOVIde J ] 0% of the capacity of the internal (primary)
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w/54' back to 1460 a.d.t.
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95' ROW NA
to back paved
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Type
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Southern Minerals Road
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Sedwick Road
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Prior to final mstallation, the applicant must receive approval from the Zoning Board of
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Denial of the "1-:1" Heavy Industrial District and in lieu thereof, approval of a Special
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Denial of the "(-3' Heavy Industrial District and in lieu thereof, approval of a Special
PermIt f(Jr the above-ground fuel tank per the metes and bounds description.
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Number of NotIces \1alled: -
FJvor 2
OppOSItIOn: 4
/\s of '\1av s, 20(6)
.\ttachments: Zonmg Map
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SEDWICK ROA_D
ALExa-APRIL-03-06
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r _R Farm Rural Dlstn'_1
R.Tr. fownhouse Dwelling Dis!rk t
B' Neighborhood Business District
e -! A Neighborhood Business District
e.2A Barrier Island Business District
HE Residenu.l Estal6 District
R~2 Multiple Dwelling Districl
RA One Family Dwelhng District
R ~ A. One Family DwellIng DistrJct
T.1A ravel Trailer PM'" OiSlric
'T.1 e Manufactured Home Pdrk District
8-;;' B;lyfronl Busines5 District
oC..! - 8 OM F amn)' uwelimg District
r.1 C Manufactured H,)me S..b(1;V;\."~lfl Dislricl
BL Corpus Christi Beach Design District
;:;c.<c One Family Dwelling District
A~1 A.partment House DistrICt
A.1A Apartment House Distrkl
B.:I Business Distrfct
City of COryKls ChristL TX
8-4 General Business District
A.2 t..partment House District
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B-: Primary Business District
AT !...partmenl-Tour:st DistriCl
AS ~'rofes5IOnal OHlce Distrill
B..f:i Primary Business Core District
j. j limited Industrial District
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1.2 light Industrial District
1.3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
He Histo...ical..cultu...al landma...k Preservation
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MIN1ITES
RE(,lJLAR PLANNING COMMISSION MEETING
(ouncil Chambers- City Hall
Wednesday - April 19, 2006
h ().W6 07
Alan Anderson. hom an "1-1" Light Industnal District to an "1-3" Heavy
Industrial Distnct
BemgO 121 acres nut of 4.85 acres out of Lot 8. Block B, Ocker Addition,
locait'd at II [ Southern Minerals Road and approximately 450 feet north of
Sed\\ ick Road
S,h la Arispe presented the above case requestmg an "'1-3"' Heavy Industrial District located
hetween 1 en pard Street and SedWick Road on Southern Minerals Road for the purpose of adding a
12.000 ga lIon above ground fuel tank tn the nperation of the existing trucking yard, subject to approval of
the Fire !vlarshall. the 70nmg Board of Adjustment and a metes and bounds description. The
,>urroundmg existmg and futUll' land use recommends the property retain It'S "1.2" Light Industrial
DIstrict deSIgnation Mrs. Anspe stated that there are \Cry few pockets of"I-3" Heavy Industrial District
located in thiS area. fhe "[-3' Hea\y Industnal Distnct also allows sexually oriented business uses so it
" ltnportant 10 IIlsurc whal he:lvy mdustnai uses are It1volved. Staff recommends, in lieu of an "1-3"
Heavy Industnal Dlstnct. clppmval ofa Spt:Llal PenTIlt wlthm the "'1.1" Light Industrial District which
tl lows the fuel tank and ensUl('S the "'1- \.. Ilea \ y lndustnal Dlstnc! does not expand. Staff has spoken to
rhe applicanr and the appll.'an; IS agreeahle 10 Ihls recommendation
!vllchael (iunl1lng stated that the SpeCial Permit IS site specific and once the fuel tank is removed,
rhe SpeCIal Permit would he eliminated Mr. (funning stated his concern 10 place pocket locations of an
I-V' HealY Industrial DIstrict in thiS area
( <lmmlSSlOner Pus ley stated that the I ulosa-Mldway Independent School District has a facility
usl down lhe road from tht' subject property and encouraged Staff to he cognizant of the area and keep
'he school district mt()f[11ed 01 actiVity III thl5 area.
PublIc heanng was opened.
J D. Scheimer, General Manager of Bnght Truck Leasmg, 1111 So, Minerals Road, Corpus
Christi, Texas stated he was in favor of the recommendatIOn made by Staff and that the subject business
rents and leases commerewl trucks.
PublIc heanng was closed
Motl\)J1 for approval 01 a SpeCial PermIt subJecl to a metes and bounds description, approval of
he Fire Marshall and approva i of the Zomng Board of Adjustment was made by Commissioner Zamora
tnd seconded hy VIce-Chairman Garza. Motton passed unanimously
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ALAN ANDERSON, BY CHANGING THE ZONING MAP IN
REFERENCE TO .0121 ACRES OUT OF 4.85 ACRES OUT OF LOT 8,
BLOCK B, OCKER ADDITION (CURRENTLY ZONED "1-2" LIGHT
INDUSTRIAL DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN
ABOVE GROUND FUEL STORAGE TANK PER THE METES AND
BOUNDS DESCRIPTION; AMENDING THE COMPREHENSIVE PLAN
TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
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 Alan Anderson, 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,
April 19, 2006, during a meeting of the Planning Commission, and on Tuesday, May 30,
2006, 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 .0121 acres out of 4.85 acres out of Lot 8, Block B,
Ocker Addition, located at 1111 Southern Minerals Road, and approximately 450 feet
north of Sedwick Road, (currently zoned "1-2" Light Industrial District) by granting a
Special Permit for an above ground fuel storage tank per the metes and bounds
description (Map 054045) (Attachment)
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\SharedIGarySlagendaI2oo6105-30\0406_07 AndersonAIlgws060524 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 30th day of May, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor. City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: May 24. 2006
riIv
G . Smith
Assistant City Attorney
For City Attorney
H . \LE G-DIR\S ha red\GaryS\agenda\2006\05-30\0406-0 7 AndersonAltgws060524 .doc
Page 3 of 3
Corpus ChristL Texas
day of _____ __, 2006
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,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John Marez
WiUiam Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
..., . \LE G-DIR \ga rywslgaryws lagendaI2006\05-30\0406-0 TAndersonAltgws06052 4 .doc
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STAll: Uf TEXAS
COUN f'r OF Nl 'EeES
FIELD NOTES FOR A 1500 FOOT BY 35.00 FOOT STORAGE TANK OUT OF A 4.85 ACRE TRACT OF
LAND. KNOWN AS LOT 8. BLOCK B. OCKER ADDfTlON. RECORDED IN VOLUME 40, PAGES 79 & 80,
MAP RECORDS Of NUECES COUNTY. TEXAS. AND BEING MORE PARTICULARY DESCRIBED BY
METf'S AND BOUNDS AS FOLLOWS:
COMMENCrNG AT A 5/8 INCH IRON ROD FOUND A T THE SOUTHEAST CORNER OF SAID LOT 8,
BLOCK B. OCKER ADDITION AND ON THE WEST RIGHTOF-WA Y LINE OF SOUTHERN MINERIALS
ROAD
rHENCE. SOUTH 89 DEGREES 56 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 270.00 FEET TO A
5/8 INCH IRON ROO SET ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 8. BLOCK B, OCKER
ADDITION
THENCE NORTH 00 DEGREES 10 MINUTl:S 00 SECONDS BASI !-OR A DISTANCE OF 96.38 FEET TO A
5/8 .INCH IRON ROD SI:: r FOR HIE SOUTH WEST CORNER Of THIS TRACT AND BEING THE POrNT OF
BEGINNING
THENCE NORTH 00 DEGREES 10 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 15.00 FEET TO A
5'8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THIS TRACT
THENCE SOliTH 89 DEGREES 50 MINUTES 00 SECONDS EASI FOR A DISTANCE OF 35.00 FEET TO A
5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF rHIS TRACT
THENCE SOUTH 00 DEGRtES 10 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 15.00 FEET TO A
5/8 INCH IRON R.OD SET FOR THE NORTHEAST CORNER. OF THIS TRACT:
THENCE NORTH 89 DEGRI.ES 50 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 15.00 FEET TO A
5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING.
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AGENDA MEMORANDUM
PUBUC HEARING - ZONING (eitv ( ouncd ActIon Date: :'/30/(6)
Case N(!.0506-01-Arriba Development, I"LC: A zoning change from a "R-IB" One-Family Dwelling
District tll a "B-4"General Business District. The property being 1.975 acres out ofB. S. & F. Survey 419.
-\bstrau :"70, Nuect'\ ( OUllty, T exa\ located at the northwest intersection of Interstate 37 frontage road and
Session.... Road
PI.uuine Commission and Staff's Recommendation (5/3/06): Demal of the "B-4" General Business District
and. in lieu thereof. approval of a "B-1 /SP" Neighborhood Business District with a Special Permit for a one
vear perIod that alkl\\s f()r ,: hotel or motel development
Requested Council Action Demal of the "B-4" General Busmess DIstrict and. in lieu thereof. approval of a
"B-lISP" Neighborhood Business DIstrIct With a SpecIal PermIt tor a one year period that allows for a hotel or
motel development.
Purpose of Request: DClelopmem 01 a I'vl()tel facility With Interstate-r frontage.
SUlOman:
· The Request. rhe applIcant has requested a zonmg change Irom "R-lB" One Family Dwelling
Distnct to a "B-4" General Busmess f>1stnct for the development of Motel facility.
· Histor~ The subject property IS contIguous to a corner pIece ofland that was rezoned December 19,
2005 from "R-lB' One Family Dwellmg DistrIct to "8-1/ SP" Neighborhood Business District with a
Special Pen1lJt for a motel hotel facility rhe comer tract ofland is 2.5 acres and will not meet the
reqUJ rements 0 r' the PIOP( 'sed mote! fad il\ They are now requesting the additional 1. 97 acres to
better accommodate the project
· Existing Land Use. lhe :-;ubJect property IS vacant land With II'ontage on Sessions Road to the east.
Located to the west of the subject property are single family homes In an "R-IB" zoning district. A
vacant tract of land north ufthe subject property belongs to the same owner and is zoned "R-IB" One
FamIlv Dwelling Dlstnct East of the subject propelty across Sessions Road is a vacant lot zoned "R-
1 B" hut deSignated for cornmerCla] development ill the Future Land I 'se Plan. Up River Road and
IIB"7 abut the subject property to the south
· Transportation: rhe :-;outh property 11l1L' of the project Site conta111s 384 feet of frontage along Up
RIVer Road/frontage road Along Sessions Road, a local street, the subject property contains 276 feet
of frontage.
· The property j-. If Hated approxlmateh i .000 feet from the beginnmg of the exit ramp off ofIH-
· 1 \DOT has mdlcated that the mtersectlOn of a local street (Sessions Road) and the frontage road
and a drIveway from the subJect property in proXImIty could create a traffic safety issue, TxDOT
has mdicated that a dnveway from the subject property may be possible if the driveway is located
at the extreme westem edge of the subject property. A final determination on driveway location
",dl be made \\ihen the property IS proposed for platting.
\genda Memurandum
i 'ase No. O~06-()1 (Arnba DeVl~lop1l1ent)
~'age ::
. Utilities. A \\ atcr connection is avallable to the sIte and a wastewater connection is approximately
300 feet to the nonh '10 Sessions Road
· Comprehensive Plan and Land t'se Compatibility. The commercial land use is consistent with the
Future Land Use Plan. however since low density residential is planned behind the commercial land
use an appropnate buffer or limited commercial use IS appropriate to assure compatibility. The
North\, est Area Development Plan also mdicates that this 1-37 corridor is a primary entrance to the
CIty ;lOd a designated scenic corndor. r ~e~ with outdoor storage. unlimited signage, etc. are not
recommended along lhis ,orridor
. Landscaping: The City ~ landscapmg requirements wlll apply to any new development on the
subject property, Including a five loot wide landscape screen of vehicular use areas adjacent to public
streets and a minmlurn 01 150~) of the total street yard devoted to landscaping.
ApDlicant's Position: The applIcant IS In agreement wlth recommendatIon.
Notification: Of the eleven ( 11) notices mailed to the surrounding property owners, zero (0) were
returned ill favor and zero (0) were returned III opposition The 20% rule is not invoked. This case is
('onsidered noncontroversial.
~~~I
Acting Director of Development Services
^vi G/FG!'v1l11 I P
Attachments:
1) loning Report
:2) Planning C ornmlssion Minute~ (5/0;(16)
~ ) ( lrdmance
H\PLN-DIR SH ,\ REIY.Gal I' Wi iRD\AG1NDMEM\11)()6\May 05U6-01 AGENDA MEMO,doc
CITY COUNCIL
ZONING REPORT
Case No. i)5()6l1
Planning Commission Hearing Date: \1ay 3,2006
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Applicant: A1Tiba Developmenl
Owner AlTiba Development
Agent: Coym, Rehmet. & (iutJerrez EngineerIng, Inc.
Legal DescriptionlLocation: Bemg 1.97 acres out of B. S & F. Survey 419, Abstract 570,
Nueces County, !'exas, located along the nOl1h side of Interstate 37, at the intersection of
Sessions Road.
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From: "R-I BOne-Family Dwellmg Dlstnct
TO" "B-4" (ieneral Busincs~ District
Area j 9- ac'es
Purpose of Requt:st: De\~'lopmt'llt of a Motel faClhty wlth Interstate-37 frontage.
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Sire "R.l B" One Famil'
.n _ +D\~~lIlOg. DistrlC~._
Vnrtli ! "R, IB" One Famtlv
D\\TII1l1g Distnct
+- -. ----------
."ill/tli 'B. SP" NeighbOlhood
Busmess I listrict with (!
Specla: pt'i'mit for
i hotel/motel use.
Fast t"R=l B" O;le F~-~Tl~
Dwe 11 i~ >istri l~t_n
IVest "R-I B" One Famih
Dwelling I hstrict
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~ ] Zoning Violations None
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, \' aeant
+\'~~a~t
Future Land Use
Commercial
Residential
I \;""1
Commercial
Vaeant
Commercial
LO\v Density Residential
Commercial
"mng Kc'p,,' 1
.lse No ")\16-01 I Arnha Pcve:upmenti
Page 2
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· Tht'Request. rhe appltcant has requested a zoning change from "R-IB" One Family
] hVl'lIltlg DISI' lct to cl "8-4' , n:neral Business DistrIct for the development of Motel facility,
· Histon he ,ubject proper!) IS contIguous to a comer pIece ofland that was rezoned
] kcember 19.2005 from "R.I 13" One Family Dwelling District to "B-1/ SP" Neighborhood
Busmes,s [hstnct with a Special Pern1it for a motel hotellacility. The comer tract ofland is
:2 5 .lcreS and \, ill not meet the requirements of the proposed motel facility, They are now
r~>questmg the .lddltlOnal I ,'T Jcres to better accommodate the project.
· Existing Land Use. Thc subJect property IS vacant land with frontage on Sessions Road to
the east Located to the west oj the subject property are single family homes in an "R-IB"
fOnll1g distrIct A vacant tract ofland north of the subject property belongs to the same
owner and IS hilled "R-l B' One FamIly Dwellmg District. East of the subject property
aLTOSS SessIOn.; Road IS a vacant lot zoned "R-I B" but deSignated for commercial
development 111 the Future land Use Plan. {Ip RIver Road and ill37 abut the subject
propert\ tn the south
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· Transportation: The SI ,uth property lme of the lJroject sIte contains 384 feet of frontage
along {p HI ver Road/frllntage road, Along SessIOns Road. a local street, the subject property
contams F6 feet of frontage
· rhe property IS located approximately 1.000 feet trom the beginning of the exit ramp off
\ll' IH-.' 7
· !xDOI ha~ indIcated thai the mtersectIon of a local street (Sessions Road) and the
Irontage r(lad and a driveway from the subject property in proximity could create a traffic
~afety ISSUe' TxDOT has Indicated that a driveway from the subject property may be
pOSSIble if {he dnve\ay IS Illcated at the extreme western edge of the subject property. A
llnal determinatlOn 1m driveway location W1]] be made when the property is proposed for
platt!11~
· {tilities. \ \\ ater cunnectlOl1 IS available to the site and a wastewater connection is
approxImately '00 feet 10 thc nllrth on SessIOns Road,
· Comprehensive Plan and Land Use Compatibility. The commercial land use is consistent
\\Ith the Futurt Land Use Plan. however smce low density residential is planned behind the
CllmmerClai land use an appropriate buffer or lImIted commercial use is appropriate to assure
compatibilIty, The Northwest Area Development Plan also indicates that this 1-37 corridor is
a primary entrance to the city and a designated scemc comdor. Uses with outdoor storage,
unl1rmted slgnage, etc arc nol recommended along this corridor.
· Landscaping: J'he City s landscaping reqUIrements will apply to any new development on
the subject property. mc:uding a five foot wide landscape screen of vehicular use areas
adjacent tll pubhc street.' and cll11l11imum llf 15()~) of the total street yard devoted to
landscapi n!-,
Street
'ed Section Volume (2001)
61,170 a,d.t
tion
, ft paved 4,580 a.d,t
- ft paved 360 a,d.t
TVfl(,
Existing Pa"
Interstate' ~
Up Ri\t~r Road
--
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ResldentIa ]
115 ft paved see
7'" R.O,W wi n
Sessions Road
3)' RO.W, wi 2:-
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\ plat IS required hefore lmlldlllL': permIts loan be Issued.
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rJ1l' applIcant can not !Tqucst a SpeClaJ PermIt through the re-zoning process; the Special
Permll can be recommended by Staff and Planning Commission and approved by City
('.,unlll. rhe applicant IllllSt requesI eIlher the "B-1" or "B-4" for this case.
rl1l' pmpllsed motel development \Vlll occupy the 5.5 acre site on the corner of Sessions
RJ,admd the IH-r frontage road and will be buffered to the north by an 80 foot AEP
utility easement WIth hIgh tension wires overhead. This physical barrier is a logical
boundary hetween the commercial development at the corner and residential in the rear.
The requested !97 acre~ would have limited development opportunities zoned as "R-IB"
One Fa.mlly Dwellmg Dlstnet. ThiS tract ofland would be best utilized as a portion of the
l"()fJ 1111t'rc!Cd deve lopmen t on the corner
The "H-I NeIghborhood Business DIstrict allows a wide variety of commercial uses but
otTers pro:CCtlOl1 to the neighborhood bv not allowing certain uses such as bars, auto
repan ...hops, cte
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kma! lit the" B-4 . Genera i BUSIIH:.'SS DJstnet and, ltl lIeu thereot~ approval of a "B-1/ SP"
'JeIghborhood Bu...mess DIstnct \\ Ith a SpeCIal PenTIlt for a one year period, that allows for a hotel
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nemal o1the "B-4 General Busmess DIstrICt and. In lieu thereof. approval ofa "B-1/ SP"
Neighborhood Bu~mess DIstrict With a SpeCIal Penmt for a one year period, that allows for a hotel
or mote! de\elopment.
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Number of '\1otlce' Mailed: 11
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(lpposItlOn. ()
(\s of April 28. 20(6)
HPLN-DIRSli\REI)( ;\11 '\Ol<[)\/' INRPTS\2(1)()\'vla> i"O<l-OJ Repun oue
17APR06/HK
F-R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R.1A One Family Dwelling District
R-18 One Family Dwelling District
R-1C One Family Dwelling District
R-TH Townhouse Dwelling District
R-2 Multiple Dwelling District
T-1A Travel Trailer Park District
T-18 Manufactured Home Park Dis!
T -1 C Manufactured Home
Subdivision District
i
R-1B
~
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Case No. Z0506-01
Notice Map
A.1 Apartment House District
A-1A Apartment House District
A-2 Apartment House District
AT Apartment-Tourist District
AB Professional Office District
1.1 Limited Industrial District
1-2 Light Industrial District
1.3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
B-1 Neighborhood Business District
B-1A Neighborhood Business District
B.2A Barrier Island Business District
B-2 Baytront Business District
BD Corpus Christi Beach Design Dist.
B-3 Business District
B-4 General Business District
B.5 Primary Business District
B-6 Primary Business Core District
HC Historical-Cultural landmark
Preservation
8-4
2
r...--....-"'..."........."!
..
NORTH
o 150 300
Feet
MIN{'TES
RE<;ULAR PLA"NING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - '\la~ 3, 2006
Q. i)5()11-01
\rn ba Develupmenl. LLC: hum a "R-] B" One-family Dwelling District to a
B-4" General Busllless District
Heng 1975 <Icres <Jut of8.S & F Survey 419, -\bstract 570, Nueces County,
eX,ls. located at the northwest Il1tersection of Interstate 37 frontage road and
\es~!()ns Rua, I
Ian MeGIl111 pre,emed the above case with a pO\verpomt presentation showing the subject
propert) [()L'ated at Interstate Hlghwa)n and Sessions Road \\lth surrounding land use consisting of
vacant land and low denSity residential to the west. The subject property was presented before the
Planmng ( 'ImmISSJOI1 ll1 Del,:mber 01 2005 ~lI1d was approved for a "B-1 "/SP" Neighborhood Business
! hstrlCt' lib a SpecIal PCTml for a mute1hotel faciht) Smce the rezonlllg, the applicant finds that an
ddditlOmli eJ7 acres I~ IwedtJ to better alcul11modate the motel. and is requesting a rezoning to a "B-4"
\leneral HLL~ll1eSS DIslnc! 'Ill' future land liSt' map ca]ls Il)r commeTclalland use at the intersection, The
\EP easement \VII creatt a jdglcal buller hl~t\Veen the commercia] and residential areas. Staff
-cCOmmenl1- de III a I 01 thl "H 4" Genera] 8usll1ess Dlstrrct and, II1 heu thereof. approval of the "B-1 "
\ieighborhpod HUSIl1l"S I llstrict \\ lth " SpecIJI Perml1
in anS\\L'r iu \ ',ll1!I11I.sioner Pusle.. 'lluestJOI1. [vIr Me( iinn stated that the applicant is agreeable
I) Staff 1't,'\)OlmCnd,IIJOl
In answer 10 !\)JTlInIssioner Skrobaruyk's questIon, Mr (lmn stated that access will be from the
vestern portion ,)1' the pn1per'v on lip River Rnad.
\lIlhaeJ GLll11lmg staled that Sessions Road 15 a loca] residential street and Staff will work with
l'ngineennf! Sef\'lces 10 determine the need tilT a drivev,,:ay upon receipt of the site plan.
i ommi:--:--lonCl Pusk.. stated that there IS another exJt on McKen/le and something will have to be
done with Sessions Road as II will be overloaded with resldentJaI traffic. There is also a huge drainage
("sue m tillS area bct\\l'en Vwlet and J\lcKen/ll'
Mary France~ remenle stated that a~ part of the plat. lfthey are zoned commercial, they will be
required 10 dedicate an additIOnal nght-of-\vay The developer IS planning a small detention pond and the
north end 01 SessIons Road IS dra1l11l1g to a j 00 year level protection.
III allSWLT t,) ( P!1l1TIlS,IOner 7arnora " question, \1s, Goode-Macon stated that the signage would
.,ilow a mal. II1lUm SI,l,'ll ,)1' ~5() square feet Ifl area and 65 1rl heIght.
"he prohlem \\lth thl~ area IS that a total reworkmg of the storm water drainage system needs to
be done. WIth the angle o1'tht' slope. all the storm dram outlets have an outflow ofapproximate1y two to
three feet 01 water. \\:11en the river backs up. the water has no place to go The development in this area
has increased substantlall) wI' h the storm dramage system not being upgraded,
Plannmg ( ,lJ1mlISSlon \1InUIC.'
'-'lay 3. 20ii(,
"age 2
II ans~n 10 t ',m1mlssioner Huerta' s questIOn about the smaller lots and the absorption of land,
\1s. Teni\:me stated that Cl dramage analysis for impcf\lOus land cover 15 done and will be incorporated in
he mastn 1'1an ~urrentl~ helllg rc\ le\\ed.
Public hearmg was opened
Iltor Uutrencz. Co\n, Rehmet. and Ciutienez Engll1eenng, Corpus Christi, Texas stated that there
s a detentIOn storage area ll1 place wIth a 80 foot easement The owner 15 in the process of finishing his
project and lS agreeabk tl) StatTs recommendation. TxDOT IS allO\ving us to have a driveway adjacent to
the west pruperty lme and screemng fences arc ll1stalled A nght-of-way dedication will be complied with
<In SessIOns Road J f requested Preparation of the site plan is pendmg.
I'ubhc heanng was C i()sed
\10tlOn l' OJ approval lor a "B- .. Neighborhood Busmess Dlstnct with a Special Permit was made
hy CommiSSIOner Skrobarczyk and seconded by CommISSioner Martinez.
Pubhc heanng \vas Closed. Motion passed unanimously wIth Chairman Stone and Commissioner
Braselton bemg absent
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ARRIBA DEVELOPMENT BY CHANGING THE ZONING MAP IN
REFERENCE TO 1.97 ACRES OUT OF B. S. & F. SURVEY 419,
ABSTRACT 570, NUECES COUNTY, FROM "R-1B" ONE FAMILY
DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS
DISTRICT WITH A SPECIAL PERMIT FOR A HOTEUMOTEL USE;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
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 Arriba Development 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,
May 3, 2006, during a meeting of the Planning Commission, and on Tuesday, May 30,
2006 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 1.97 acres out of B. S. & F. Survey 419, Abstract
570, Nueces County, Texas, located along the north side of Interstate 37, at the
intersection of Sessions Road from "R-1 B" One Family Dwelling District to "B-1"
Neighborhood Business District with a Special Permit for a hotel/motel use. (Map
061050
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to two (2) conditions.
USE The special permit use is for a hotel/motel.
2 TIME LIMIT: This Special Permit shall be deemed to have expired within one (1)
year from the date of this ordinance unless the property is being used as outlined
in condition #1 and in compliance with all other conditions and City rules and
regulations.
>-1 .LEG-DIRIgarvwslgarywslagendaI2( 106105- 30\0506-0 1 B-1 SPArnbagwso60524 doc
Page 2 of 3
SECTION 3. 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 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 8. 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 9. 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 30th day of May, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor, City of Corpus Christi
APPROVED: May 24, 2006
~/AOmitl.
Ga . . Smith
Assistant City Attorney
For City Attorney
ri\LE G-DIRIgaryws\garywslagenda\2D06105-30\0506-0 1 8-1 SP Arribagws060524 .doc
Page 3 of 3
Corpus Christi, Texas
day of
,2006
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,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H. ILEG-DIRIgal)wsIgarywslagendaI2006105- 3010506-0 1 B-1 SP Arribagws060524 doc
21
AGENDA MEMORANDUM
PUBU( HEARING ZONING ('It V ( ouncd AcllOn Date: )/30/06)
Case No. 0506-02-Nasser Farahnakian:\ zoning change from a "R-IB" One-Family Dwelling District to a
"B-4"(jenera] Busmes~ District The property bemg 5 739 acres out of a 254.069 acres, Abstract 988, Nueces
Counh rexas. located a!lmg the southwest comer of Clarkwood Road and the newly constructed State
High\\,,\ -+4 Bypas'-
Plannin~ Commission and Staff's Recommendation (5/3/06): Approval of the "B-4" General Business
Distric f
Requested Council Action Appnl\'al of the "B-4" General Busllless District
Purpose of Request Ii,de elop a convenience store and auto and truck-fueling stop on 5.739 acres.
Summary:
· c\pplicanl]s requesting a change of zonmg to a "B-4" District for the purpose of
developing a convenience store and auto and truck-fueling stop on 5.739 acres.
· ['he subject property is located along the southwest comer of Clarkwood Road and the
newly constructed State Highway 44 Bypass.
· lh... ovmer presentl\' O\vns the eXisting Sunrise Food convenient store, located at the old
State Highway 44 (Agnes Street) and Clarkwood Road intersection. His plans are to
relocate thiS busmess to the subject property
· ih... proposed use IS planned as a 4,800 square foot single-story building. Hours of
operation are projeLted between:; (lOam and midnight. With the success of this project,
t he owner plans to further develop the property with a hotel and additional retail uses.
.!he Porti AirpoI1Violet Plan supports commercial development on the subject property.
Apltlicant's Position: The applIcant h III agreement WIth recommendation.
Notification: Of the ten ( 10) notices mailed to the surrounding property owners, zero (0) were returned
m favor and zero (0) \vere returned III OppOSItIon, The 200141 rule is not invoked. This case is
considered noncontroversial.
~~1{~
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Attac:hments:
1 l Zonmg Report
2 j Planning Commis:--IOIl Minutes (5/oj!06)
.~ i Ordmance
i\ssistant Director of Development Services
'I PL.N-DIR SH \REU:Ci/lIL WORfl'v\( ,ENDMEM 200(;,f\lav 0506-02 .A( ibND,\MI'MO doc
ZONING REPORT
Case No. 0506-02
Planning Commission Hearing Date: May 3, 2006
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Applicant: Nasser Farahnakian
Owner: Same as applicant
Agent: CO!1TI, Rehmet & GutJerrez Engineering, L.P.
Property Area: Being 5,739 acres out of 254,069 acres, Abstract 988, Nueces County,
Texas, located along the southwest comer of Clarkwood Road and the newly constructed
State Highway 44 Bypass.
.....
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From: HR_] B" One-famdy Dwelling District
To: "B.4" (Jel1eral Business District
Area 5. ':~9 acr,~s
Purpose of Request: To deyelop a convenience store and auto and truck-fueling stop.
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-i----- Existing Land Us
: Agriculture
e Future Land Use
Commercia]
and Light Industrial
ces
Commercial
.-
nces Public/Semi -Public
( Airport)
Commercial
-.---
i Zoning
--- -t---- ---
.\lIe "R-I B" One-family
_ I D\>,ielling District_ _
North r"R-IB" One-family
i Dwellmg Distnct
---.+.----- ._-
.\outh I "R-l B"One-family
I
. Dwellmg District and Out
~of \'ity LImits (O.C.l~.J
East ' "R-, IB" One-family
, DwellIng District
.. --.-t-.------ ---
West i "R-l B"One-family
i Dwellmg District and Out
L ()fC1tY11mits{Q..e'1,,)
Agriculture land
single-family resid~n
Agriculture land
- -- -------_._._._~--_._-~-""
Single-family reside
Agriculture land
~ = Area Development Plan PorVAirport/Violet The future land use map for the subject
. Ci
~ ~ property supports the requested commercIal use,
'^' Ci Map: 058043
~:
~ > Zoning Violations: None
I.onmg j{eport
Case No 0"06-02 (Nasser laraimakian)
Page 2
· A.ppllcant is requestll1g a change 01 zoning to a "B-4" District for the purpose of
develop1l1g a convenience store and auto and truck-fueling stop on 5.739 acres.
· The ~ubJect propert:v' IS located along the southwest corner of Clarkwood Road
and the Icwly constructed State Highway 44 Bypass.
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· fhc owner presently owns the existing Sunrise Food convenient store, located at
the old State Highway 44 (Agnes Street) and Clarkwood Road intersection. His
plans are to relocate this business to the subject property.
· The proposed LIse IS planned as a 4,800 square foot single-story building. Hours
of operatIon are projected between 5 :OOam and midnight. With the success of this
proJect, the ov.:ner plans to further develop the property with a hotel and
additional retail uses
· The Port Airport Violet Plan supports commercial development on the subject
prope11y
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---
Paved Section
Volume
2001
Not available
Type
Ne\\ State High\\ay 44
Expressway
400' R.O. W. wi 200' Bk.
to Bk. sectIon planned
50' R.O. W w/28' Bk. to
Bl<.~p~~;ell1 ent - current
Not available
('larkwoocl Rdad
Rural arterial
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lase NOI ,'iO()-(}2 i Nas,-el Farahnaktan'
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= El El Approval of the "H-4" General Busmess 1)lstnct
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I-avO! I'
OpposItion U
I\S of April 2t\. 200hl
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\ttachment
70n I ng Map
Ii I'LN-DlI< SH/\RE[HJ.\llW()RD/, lNRPTS,2Ii06,j\[a..' l Reports.!I:'1I6-112('(KEP()RTdoc
I I I I
I
I-J I t:XA~- ~
i~GNES ST ( ST. HWY 44 )
6-4 \ / 1 fa ~ C 54 321
"." "
CL 1~
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R-1B i I ,1
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R-1 B/SP/94-08" 3 R: 1_1 ~ 8 9 1( 1 1 7 8 9 1 1 ~ 8 9 1 111
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A, '., SE .;;S( J,~- >lAP 14'~ ~I ASSESSORS MAP 141
R-1B
'-
" ST. HWY 44 ( AGNES ST. )
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</ SUBJECT 0 1 ASSESSORS MAP 148
0 111A
~/ PARCEL / 0
. 12A
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1-~ -c.,- . . ;-:::::-//. / / 13
O. c. L. 14 R-18
( LARK' l100D ANNEX
ASSESSORS HAP [48
I
17 APR06/H K. Case No. Z0506-02
Notice Map -
~ .~
, -- -
--
F-R Farm Rural District A.1 Apartment House District B-1 Neighborhood Business District
RE Residential Estate District A-1A Apartment House District B.1A Neighborhood Business District
RA One Family Dwelling District A-2 Apartment House District B.2A Barrier Island Business District GIS
R-1A One Family Dwelling District AT Apartment-Tourist District B-2 Bayfront Business District Team
R.1B One Family Dwelling Distnct AB Professional Office District BD Corpus Christi Beach Design Dis!. ;;~~j1'r
R.1C One Family Dwelling District B-3 Business District
R-TH Townhouse Dwelling District .1 Limited Industrial District B.4 General Business District .
R.2 Multiple Dwelling District .2 Light Industrial District B-5 Primary Business District
T.1A Travel Trailer Park District -3 Heavy Industrial District B.6 Primary Business Core District
T.1B Manufactured Home Park Dlst. SP Special Permit NORTH
T-1C Manufactured Home HC Historical-Cultural Landmark 0 200 400
Subdivision District DUD Planned Unit Development Preservation I
Feet
MINUTES
REGULAR PLANNING COMMISSION MEETING
('ouncil Chambers- City Hall
Wednesday - May 3, 2006
h. 0506-02
Nasst:r Farahnaklan From u ")\-11:3" One-family Dwelling District to a "13-4"
~Jencral Business Dlstrict .. .......~____
Being 5.739 acres out ofa 254.069 acres, Abstract 988, Nueces County, Texas,
located along the southwest comer of Clarkwood Road and the newly constructed
~tatt HIghwav 44 Bvpass.
i. arvce Goode-Macon presented the above case \Vlth a slide presentation showing the subject
property iocated along the Cbrkwood Road and the newly constructed State Highway 44 and the
'-,urroundmg area conslstmg of agrIculture land and smgle family residential. The request is for a "13-4"
'ieneral Busmess Dlstnct for the purpose ,)1 developll1g a convel1lence store and fueling stop that the
dPphcanl has simllarl) along\gnes R.)ad Ihe applicant desires to relocate that business to the subject
propert) The proposed COI1\ enience :-.tore IS proposed as a 4.800 square foot single story building with
hours of operation between 5 DO a.m. 10 ]1mimght. Therc \\ere ten (10) notices mailed out with none
eceived In iavor or OflP(hltil'lI. Staff"ccol1ll1lends approval of the "]3-4" General Business District.
.!'uhllc heanng was opened
IdOl' (iutlclTe? ( 'o'.n, Rehmet, and Gutierrel Engll1eenng, Corpus Christi, Texas stated this
lacility I baslcallJ sllllllar to the applicant's existing use 1'1r. Gutierrez stated that the entire site will be
nlatted but ,il thIS time tht apnlicant IS only developing the southwest comer.
I'ubllc heanng was cnsed
\lolIon teH approval ,vas made by CommiSSIOner Skrobarczyk and seconded by Commissioner
Martine;; 1'\'10tlOn pas~ed unanimously WIth Chairman Stone and CommIssioner Braselton being absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY NASSER FARAHNAKIAN, BY CHANGING THE ZONING MAP IN
REFERENCE TO BEING 5.739 ACRES OUT OF 254.069 ACRES,
ABSTRACT 988, NUECES COUNTY, TEXAS, FROM "R-1 B" ONE-
FAMILY DWELLING DISTRICT TO "8-4" GENERAL BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY
CLAUSE; 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 Nasser 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,
May 3, 2006, during a meeting of the Planning Commission, and on Tuesday, May 30,
2006, 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 being 5.739 acres out of 254.069 acres, Abstract
988, Nueces County, Texas, located along the Southwest Corner of Clarkwood Road
and the newly constructed State Highway 44 Bypass, from "R-1 B" One-family Dwelling
District to ''8-4'' General Business Distnct. (Map 058043) (Exhibit)
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
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.
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SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 7. 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 8. 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 30th day of May, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett.
Mayor, City of Corpus Christi
APPROVED: May 22, 2006
(1.... J. Y'i.',Ji __..______
~
Assistant City Attorney
For City Attorney
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Page 3 of 3
Corpus Christi Texas
___ day of ______ _, 2006
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,
-----. - -----..------------.. -~.. ---. ---
-.
Henry Garrett
Mayor, The City of Corpus Christi
~---- .._._.._._~-_._--~....__. ----
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Metody Cooper
Jesse Noyola
Mark Scott
H. \LEG-DIR\Shared\GaryS\agenda\2J06\05-30\0506..02 Nasser F arahnaklan Regulargws060522.doc
~... b
~3:
FIELD NOTES fora
5.17+/- ACRES of LAND
A tract ofland containing 5. 17 acres ofland out of Lots 7 and 8, Section 11; Flour Bluff and
EncinB1 Farm and Garden Tracts, a map ofwhicb is recorded in Volume ~ Pages 41 - 43, Map
Records ofNueces County, Texas described by metes and bounds as foDows:
BJ!GJNNJ.NG at the South comer of the R.E. Thurman 14.00 acre tract (Volume 245, Page 222,
Deed of Trust Records) for the East corner of this tract;
THENCE. South 28055' 05" West 63470 feet for the South Comer oftbis tract;
THENCE North 400 00' 00" West 54.83 feet for the point of curvature of a circular curve to the
1. whose radius point bears South 50000' 00" West 836.16 feet and having a central angle of
21004' 55". a radius of 836.1 6 feet, a tangent distance of 15559 feet and an arc lenght of307.67
feet;
THENCE with said circular curve to the left, 307.67 feet for the point of tangency;
11fENCE North 610 04' 55" West, 34.87 feet for the West comer of this tract;
THENCE North 280 55' 05" East, 559.29 feet to a point on the Southwest boundary line of said
R. E. Thurman 14.0 acre tract for the Nortb comer oftbis tract;
THENCE south 610 02' 30' East, with said Southwest boundary line, 386.79 feet for the POINT
OF BEGINNING.
C/J.Je JJ!}
o Lf06-Db"
22
-
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of the Coliseum Redevelopment Request for
Qualifications/ Request for Proposal Process
STAFF PRESENTER(S):
Name
1. Oscar Martinez
2. Irma Caballero
3.
Title/Position
Asst. City Manager
Director
Department
Admin. Services
Eco. Development
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1.
2.
ISSUE: Overview of Coliseum Redevelopment Request for Qualification/ Request
fur Proposal Process
BACKGROUND: The presentation is in response to a request from Council during
the May 23, 2006 Council meeting.
REQUIRED COUNCIL ACTION:
Additional Background
Exhibits
23
AGENDA
REINVESTMENT ZONE NO.2 BOARD
DATE:
Tuesday, May 30. 2006
TIME:
During the meeting of the City Council beginning at 10:00 a.m.
LOCA TION: City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
A ('all meeting to order.
B. Ro II check.
Directors:
Samuel L. Neal.lr., President
Terry Shamsie, Viet' President
B rent Chesney
Melody Cooper
Jerry Garcia
Henry Garrett
John Marez
Jesse Noyola
Mark Scott
Rex A. Kinnison
John Longoria
Cal Jennings (Hospital District)
John LaRue (Port of Corpus Christi Authority)
Richard Pittman (Flour Bluff)
Gabriel Rivas (Del Mar)
C. Special consideration items:
Officers:
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Assistant Secretary
Vacant, Treasurer
Vacant, Assistant Treasurer
Approval of the minutes of the February 25, 2003 meeting.
Appointment of Officers (President, Vice President, General Manager, Secretary,
Assistant Secretary. Treasurer. Assistant Treasurer)
D. Public Comment
E. Adjournment
TAX INCREMENT REINVESTMENT ZONE NO.2
BOARD MEETING MINUTES
February 25, 2003
PRESENT
Members
Staff
Samuel L. Neal. Jr . President
Javier Colmenero
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Richard Pittman (Flour Bluff)
Gabriel Rivas (Del Mar College)
Terry Shamsie (Nueces County)
George K. Noe, General Manager
Armando Chapa, Secretary
Lee Ann Dumbauld, Treasurer
ABSENT:
Members
Brent Chesney
John LaRue (Port of Corpus Ghristi Authority)
Cal Jennings (Hospital District)
Call the meetina to order - President Neal called the meeting to order at 2:13 p.m.
2 Appointment of Vice-President - President Neal made a motion to appoint Terry Shamsie as
Vice-President; seconded by Mr Colmenero and passed unanimously by those present.
3 Approval of minutes of the meetina of Mav 28, 2002 - Mr. Scott moved that the minutes be
approved: seconded by Mr Longoria and passed unanimously by those present.
4 Appointment of Georae K. Noe as General Manaaer - President Neal made a motion to
appoint George Noe as General Manager: seconded by Vice-President Shamsie and passed
manimously by those present
5. Approval of the project and financina plan and execution of a Tri-Partv Aareement -
General Manager Noe explained that Item No. 4 was a motion to approve the project and the
financing plans for the Zone as required by the Tax Increment Statute.
City Engineer Angel Escobar presented a report on the status of the Packery Channel project. He
stated that engineering plans and specifications have been completed and the Environmental
Impact statement is scheduled to be published February 28, 2003 through March 28, 2003. The
PrOject Cooperation Agreement is scheduled to be executed between the City of Corpus Christi
and the U.S. Army Corps of Engineers at the end of March with the utility adjustments occurring in
Apnl-June The project is scheduled for completion in 24 to 30 months.
General Manager Noe introduced the group discussing the financing plan: Treasurer Lee Ann
Dumbauld; Jim Gilley Coastal SeCUrities; and AI Allison and Christopher Allison, M.E. Allison and
Company. Mr Noe explained that the action is to approve the plan and not the actual financing
document The bonds will be issued by the North Padre Island Development Corporation_ The
T!F Board will be asked to consider a Tri-Party Agreement among the City, the North Padre Island
1 -
Development Corporation and this board to execute the project. The bonds will be issued in three
c;enes as needed ~here IS 2; requirement to give the U.S. Army Corps of Engineers a portion of
'he dollars each fiscal year Over the three-year period. the City will issue the entire amount of
fionds approved for the City's share of this project
rreasurer Dumbaulu said the initial ERA report was done in 2000 and updated in 2002. The
financing plan IS dependent upon assumptions in that plan which provide two different scenarios.
'he City financing pJan uses the more conservative approach. The last two pages of the financing
'Jlan shows caS!l flow, debt service. and monies available from the TIF fund for maintenance
negtnnlng in ?OOH
Mr Kinnison asked tor details on the projected Interest rate and the term. Mr. AI Allison said the
fnal maturity of the t)onds would be December 31, 2022. Mr. Christopher Allison said the initial
senes of bonds will he issued at a 7 '//10 interest rate The second two sales are projected at 7
',uU unless there is growth in the TIF which would reduce the rate. Mr. Kinnison asked if there
Here any penalties. Mr. Christoper Al!ison said they are working on setting up a "call" in five years
Nith the call premlUrT going down to :)ar in ten years
'Iesponse to Mr K'rmison regarding maintenance costs, Mr. Noe said the original project called
for a maintenance reserve of $4 million partially funded by the City and partially funded by the
federal government. The financing plan shows the City's share for maintenance as $1.4 million
>vhlch is included In H,e bond issuance Staff has agreed in the financing plan not to utilize excess
'IF revenues for maintenance until there is a commitment of $3 million in a reserve fund. Mr.
r<lnnlson said that durrng the promotion of this campaign, maintenance was always an issue. He
said that he told constituents H,at maintenance would be a priority to debt service and the way the
pian IS presented, ,he debt service has priority over maintenance. Mr. Gilley said it was
",possible to have naintenance a~ a priority and believes that the maintenance will be covered
tiased on the conservative cash flow projections He said it would not be possible to sell bonds
Will' fnalntenance as a pnonty ovel the debt service Mr Kinnison said the bond holders also
f'ave an Interest II! miJlntenance belllq paid and said he was not aware of this change.
Mr Scott stated 11e Ciiso shared the same concerns as Mr. Kinnison, however he continued by
saYing that It was a good day as far as financing IS concerned because today the Corporation was
approving the local share funding the environmental and structural plan is being published, and
alter thirty days !here would be a Signed contract He reiterated that he was disappointed
because he had campaigned with !l1alntenance as a pnority and now is being told of this dramatic
(flange In tile fina'lcirq plan ~11 Scot! thanked staff for their hard work.
Mr Neal asked how tne Corporation could put in another $1.6 million into the maintenance fund.
Treasurer Dumbauld;aid to add additional money would make It difficult to stay within the cash
flow limitations Mr. Neal said if the Corporation gets to Series 2004 which is assumed at $4.3
n'dllon, In order te increase the projections the plan would have to be changed materially. Mr.
Nea! asked If the:::omoratlon can anl!Clpate any additional ways to get the maintenance reserve
funcled. Mr. Gilley sa'd that by the time the next series IS Issued. TIF revenues might exceed the
cDnservative forecast Mr Noe said that the construction cost has not been determined by bid
a'd there IS a pOSSibility the project card comes in lower, with the savings going to the
rraiiltenance tLnd M. Neal asked what the federal amount of funding would be next year. Mr.
Escobar said the fedel al amount estllT1ate is $8 million and the third year would be $5.5 million.
M: .Javier ColmE'ner; asked If the percentage of growth IS conservative, what kind of
modlficattons could be made to Increase/decrease that interest rate for the bond. Mr. Gilley said
tt-e hrst Issue IS 7i% which is fixed the second issue would be based on increased values and
otner market conditions If values continued to Increase, it IS possible that rates would be lower.
Me CJllley also stated that If there was no development, maintenance would not be the main
problem Tile fl,al'l plf:>blern wDulc be the bond payment and that is why the most conservative
Tlethod was being used. He said the City has no guarantee on the bonds the way the bonds are
structured
Mr K.innlson said it the TIF Carlt afford to pay the maintenance because of the agreement that the
City enters into, the City woule be liable to payment Mr Noe said as the local sponsor, the City is
obligated to maintain the project for a fifty-year period. Mr Kinnison asked what would happen if
buyers for the next series of t)onds are not there because there is no development in the area,
then who would have the obllgatior: Mr. Noe said the Project Cooperation Agreement states that
as the local sponsor the City :s making the basic commitment to provide the funds based on this
"Iethod of financing. Acting City Attorney Jay Reining said that the City would have to refund the
is Army Corpslf E ngineer'~ portion if the project was not completed,
Mr Kinnison asked the finance team It there is a way to get a firm commitment that the bonds will
be issued. Mr. Christopher Allison said the TIF projections are very conservative and expects
(ievelopment to .)Ccur. Mr Scott said that the Corporation believes that development and
III vestment Will happen in the TIF area and continued development should be encouraged. Mr. AI
Allison said that If they sold $10 million In bonds at 7 12% right now, they could only invest in short
terr: government securities and woullj have negative arbitrage earnings.
Mr. Neal said the projected mallltenance cost, In 2008 IS $350,000 for anticipated dredging. Mr.
Escobar said the oroJect Includes two extra feet of overland dredging and two to three-year cycles
for anticipated dredglllg. Mr Neal said the worst case scenario the bonds could be paid off in
201') which still PlitS the plan If a good position
Mr Richard Pittman said the report was clear and that Flour Bluff Independent School District has
not agreed to waive any of thel' ad valorem tax rights on the TIF property or any increases.
Mr. Shamsle asked about the conservative growth rate Mr. Gilley said that the ERA study has
two growth rates one produces $38 million and the other $31 million with growth at slightly
different rates for different areas. He added that they use the most conservative rate based on
reasonable growth rates. General Manager Noe said there were two scenarios: the first had an
increase of 9%, Hle second had different sections at different rates which produces the lowest
level of revenue. Statf used scenario two.
Mr Gabriel Rivas salcJ that the plans look acceptable and wanted to reiterate the problems with
selling bonds right now on the project
Mr. Scott said there was a developer on the project but because of a change in the parameters
the developer deCided against bUYing the bonds. He added that the developer might have
another project in the $3 million range. He also recognized the Allison family for selling bonds on
Padre Island before anyone else would. Mr. Neal thanked all the staff and the financing teams for
their efforts A rnotior was marle to approve Item 4 as follows:
Resolution approving the project am! financing plan for the Zone and recommending its approval
to the City Council of the City of Corpus Christi. Texas, and approving the execution of a Tri-Party
Agreement with respect to the project and finanCing plan
The foregOing !'esolutlon passed as follows Neal, Shamsie, Colmenero, Longoria, Noyola, Scott,
Pittman and Rivas \/ot'ng "Aye" Kinn!son voting no
.) Public comment None
Adjournment The meeting was adlourned at 259 p.m
, -
24
AGENDA
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
DATE:
Tuesda) , May 30, 2006
TIME:
Dunng the meeting of the City Council beginning at 10:00 a.m.
LOCATION: City Counc]] Chambers
City of Corpus Christi
] 20] Leopard Street
Corpus Christi, Texas '7840 I
A. ('all meeting to qrdeL
R Roll check
Corporation Directors:
Vacant. President
Mark Scott, Vice-President
Brent Chesney
Melody Cooper
Jerry Garcia
Henry Garrett
Rex Kinnison
John Longoria
John Marez
Jesse Noyola
Officers:
George K. Noe, Executive Director
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
C SpeCIal consideration items:
Approval of the minutes of the July 13,2004 meeting.
) Appointment of Officers (President, Vice President, Executive Director, Secretary,
Treasurer)
"' Resolution authorizing the issuance of North Padre Island Development Corporation
Tax Increment Contract Revenue Bonds, Series 2006, in an aggregate principal
amount not to exceed $2,900,000; approving a bond purchase agreement and other
contract documents relatmg to the Series 2006 Bonds; and containing other
provisions related thereto,
O. Public Comment
E. Adjournment
NORTH PWRE ISLAND DEVELOPMENT CORPORATION
JUL Y 13, 2004
elT) HALL COUNCIL CHAMBER
10:04 A.M.
PRESENT:
Members
Samuel L Neal, Jr. Presiclent
Mark Scott, V Ice President
Brent Chesney
Javier D. Colmenero
Rex A. Kmnison
John Longoria
Jesse Noyola
Staff
Creorge Noe, General Manager
Armando Chapa, Secretary
Cindv O'Brien, Treasurer
ABSENT:
Melody Cooper
A. Call to order MT Neal called the meeting to order at 10:04 a.m.
B. Roll check City Secreta~ Amlando Chapa called the roll.
Special Consideration items:
Approval of minutes of November 11, 2003 meeting - Mr. Longoria made a
motion to approve the minutes of November I I, 2003, seconded by Mr.
C\Jlmenero dnd passed unanimously; Cooper absent
Appomtment of Treasurer Mr Noe recommended Cindy O'Brien to serve as
Treasurer. \ir. Neal made a motion to appoint Cindy O'Brien as Treasurer,
seconded b\ Mr Kinnison and passed unanimously: Cooper absent.
Packery . Channel Update Kevin Stowers, Assistant Director of Engineering,
reported that work began on the project in 2003 and the project was 21%
complete a~ of June 30. 2004. The original estimated construction completion
date IS scheduled for August 2005 and staff anticipates completion on or before
thIS date. Mr. Stc1wers stated that Reach 2 of the dredging, located at the
Intercoastal mto State HIghway 36 L IS complete and 105,000 cubic yards of sand
has heen removed. Placement Area 2 work was completed from State Highway
")6 I to the dune protection Ime includmg st0Tl11 drainage systems and 1,000 feet of
the dune line mitigatIon arc also completed. Casings for utilities 361 have been
IT1stalled as ,vell as the sand bypass casings that provide for maintenance after the
facihty' ]s complete In Placement Area 3. sand placement is complete, the
erosion tilter fabric has arrived and IS waiting installation, and concrete cellular
blocks have been mstalled to hold the fabric in place. A grant was received from
fexas Parh and Wildlife for a boat ramp along Packery Channel that will be
matched with City funds 'vlr. Sto\vers explained that six barges of base stone that
have heen harged [(I Rlllcon Channel with approxImately 20 tons in place and
Inspected al this time. fhe Bridge Protection Plan has been approved by the
Texas Department of lransportatlon and the existing schedule is for the
contractor to begm delivering stone to the site next week. Two barges have been
temporarily Installed to protect the columns.
Mr. Scott asked what would happen once the stone arrives to the channel site. Mr.
StO\vers explained that the fabric would be installed and the smaller cube stones
will be nstalled in order to protect the channel so that the slide slopes will not
erode in 1\ Ir. Scott asked when the rock would be placed. Mr. Utter said there
were three types of stone The concrete block is already out there which is the
shore plOtedion for the basin area Next week there are six barges already at
RJncot1 that the COlllractor \vill take over and unload it to the jetties. Finally, the
large S '() 0 jettie stones will be rnstalled at the end of the next week on the
lettles and tile rest \\11] he stock pIled on the beach. As the dredging starts from
the baSIn out. then the Cdnlractor will then install the jettie stone.
~ Issuance of North Padre Island Development Corporation Tax Increment Contract
Revenue Bonds, Series 2004 - Jim Gilley. Financial Advisor, explained that this
\vas the third bond issue uf the Packery Channel project estimated at an amount
not te exceed $4 5 million Mr. GIlley said they are asking the Corporation for
authorJzation to price at a later date. rile target price and signing of the bond
purchase agreement is,cheduled for September 22. 2004 and the closure of the
hond s"cheduled lor around October 20th The structure of the bond issue is
simIlar 10 tho two prc-vious honds sold with finally maturity set for September 15,
2022 Ihe /:one expires December 31. 2022. Mr. Gilley said he anticipated
pu1tin~ a fl\ ," year cd1 uptlun on the honds to allow at some point to refinance at
.1 10\\ er (os!
In response to Mr ~lmllS()n. Mr. Gilley stated that the interest rate on the first
Issue \va" - ')0,/0 and tt1L' ,,('cond at 7 2')0~, !\Ilr. Gilley said the rates are higher
nght 110\\ bllt he expects the rate to he around the same amount plus or minus.
Mr K 111l1lS0n asked that I f the Corporation issues the bonds, the funds are not
expended unless there are lCderal funds available. Mr, Noe said this was correct.
Mr Klllnison said the financial infornlation stated the bonds are good and the
( 'orporatlon C;hOllld be ahle to go back and get a lower interest rate.
Bill Kopeck" 3609 lopeka, asked the Council to he cautious when selling the
honds because of high interest rates
/\ motIon was made to approve Item 4 as follows:
Resolution .LUthorizmg the issuance of North Padre Island Development
Corporation Tax lncrement Contract Revenue Bonds, Series 2004, in an
aggregate principal amollntnot to exceed $4,500,000; approving a bond purchase
agreement and other contract documents relating to the Series 2004 bonds, and
containing other proVisions related thereto.
The foregoing resolution passed as follows: Neal, Chesney, Colmenero,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Cooper absent.
Adjournment fhl' meeting was adjourned at 10'1 7 a.m.
BACKGROUND INFORMATION RELATING TO
NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT
CONTRACT REVENUE BONDS, SERIES 2006
North Padre Island Development Corporation, a not-for-profit local government corporation, was
established by the City of Corpus Christl ("the City") under the provisions of Chapter 431, Texas
Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalfofthe
City in the performance ofthe City's governmental functions and to provide a means of financing
certain project costs in connection with Reinvestment Zone Number Two, City of Corpus Christi,
Texas. It is governed by a Board of Directors, whose members are appointed by the City Council.
In November 2000, the Reinvestment Zone #2 was created by the City Council, pursuant the
provisions of the Tax Increment Financing Act ("TIF Act"), Chapter 311, Texas Tax Code to
facilitate development of a channel and other facilities in the Packery Channel area. After a petition,
the City Council submItted the ordinance to the voters in April 200 I, which the voters approved.
The Zone became effective on November 14,2000, and will terminate on December 31,2022, or at
an earlier time designated by subsequent ordinance of the City, or at an earlier time that all zone
project costs, tax increment bonds and the mterest on all tax increment bonds, have been paid in full.
As reqUIred under the TIF Act, the Zone Board prepared, and the City Council approved, a Project
Plan and Reinvestment Zone Financing Plan (the "Plan") on February 25,2003. The Plan includes
mformation concerning proposed land uses and development, estimated project and non-project costs
and admInistrative expenses, engineering studies, proposed financing and economic feasibility data,
and property appraIsal data
fhe City of Corpus Christl and the North Padre Island Development Corporation have authorized
through the bond indentures the issuance of up to $12,000,000 in bonds to fund the Packery Channel
project. To date, $9, I 00.000 in bonds has been issued, leaving a remainder to be issued of
$2,900,000. A fourth Issue in an amount not to exceed $2,900,000 is now needed to cover costs
through the end of the project.
Of the total $30,656.948 projected cost of the Project, the City as Project sponsor has agreed to pay
35% of the total projected cost (or approximately $1 0,733,049). The remaining Project costs are to
be paid by the United States Government. The City has created the Zone for the purpose of raising
funds needed to prov Ide the Zone Project Costs. The project costs include approximately $1 ,538,461
of damage caused by HUITlcanes RIta, Katrina, and Emily, and approximately $1,435,109 of cost
overruns The Zone intends to also expend approximately $500,000 for recreation improvements,
$800,000 f{x parking costs, and establishment of a maintenance reserve. From the onset, it was
stated that bonds to fund the project would be payable solely from the tax increment fund and not
trom other city revenues, and that the transaction would be designed to completely insulate general
,'ity revenues from liabIlity on the bonds
City Staff recommends the approval of the Resolution by the North Padre Island Development
CorporatIOn authorizing the issuance of Series 2006 Bonds in an aggregate principal amount not to
exceed $2.900.000,
RESOLUTION AlITHORIZING THE ISSUANCE OF NORTH PADRE ISLAND
DEV ELOPMENT CORPORA nON TAX INCREMENT CONTRACT REVENUE BONDS,
SERIES 2006, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,900,000;
APPROVING A BOND PURCHASE AGREEMENT AND OTHER CONTRACT
DOCUMENTS RELATING TO THE SERIES 2006 BONDS; AND CONTAINING OTHER
PROVISIONS RELATED THERETO
BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE NORTH PADRE
ISLAND DEVELOPMENT CORPORATION:
\RTICLE f
RECIT ALS
WHEREAS, by Ordinance No. 024270, adopted on November 14, 2000 (the "Creation
Ordinance"), the City of Corpus Christl. Texas (the "City"), created a tax increment reinvestment
zone known as "Relmestment Zone Number Two, City of Corpus Christi, Texas" ("TIRZ Two"),
pursuant to the provlslllns <JfChapter 3] I. Texas Tax Code, and approved a preliminary reinvestment
zone financing plan for TIRZ Two: and
\VHEREAS, by Resolution No. 025040, adopted on October 8,2002, the City authorized the
creation of the North Padre Island Development Corporation (the "Corporation") to aid, assist and
act on behalf of the City in the performance of the City's governmental and proprietary functions with
respecl tl) the common good and general welfare of the City, as described in the Creation Ordinance;
and
WHEREAS. lIn February 2:\ 2003, the Corporation adopted a "RESOLUTION
AUTHORlZING THE ISSUANCE OF NORTH PADRE ISLAND DEVELOPMENT
CORPORATION TAX INCREMENT CONTRACT REVENUE BONDS, SERIES 2003, IN AN
AGGREGATE PRINCIP,\L AMOUNT NOT TO EXCEED $3 MILLION; APPROVING AN
INDENTURE OF TRUST AND OTHER CONTRACT DOCUMENTS RELATING TO THE
BONDS, AND CONT '\INING OTHER PROVISIONS RELATED THERETO (the "Initial Bond
Resolution"): and
\\iHEREAS, pursuant to the tenns of the Initial Bond Resolution, the Corporation approved
that certam Indenture of Trust by and between the Corporation and jPMorgan Chase Bank, National
AssoclatlOn (the successor to jPMorgan Chase Bank) dated as of February I, 2003 (the "Indenture"),
pursuant [(l which the Corporation set f(mh the tenus and conditions by which it could issue, sell or
deliver lis bonds. notes or ,)ther obligations ill accordance with the tenns of the Indenture to fund
Project Cl)sts for the benefit ofTIRZ Two, established various Funds and Accounts for the benefit
of the uwners of such bond:,. notes or other obligations, and assigned and pledged to the Trustee such
Funds and Accounts for the benefit \)f such owners: and
WHEREAS. pursuant to the tenns l)fthe Initial Bond Resolution, the Corporation approved
that certam Tri-Party Agreement by and between the City. TIRZ Two, and the Corporation dated as
of February 1. 2003 (the "T ri-Party .\greement"), pursuant to which the Corporation was delegated
the power and authority to issue, sell or deliver its bonds, notes or other obligations in accordance
with the tenm of the Tri-Party Agreement; and
WHEREAS, on Februal) 25. 2003, the City approved the terms of the Initial Bond
ResolutIon, the sale of bonds in an amount not to exceed $3,000,000, and approved the Indenture
and the Tri-Party Agreement; and
WHEREAS, pursuant to the tem15 of the Initial Bond Resolution and the Indenture, on April
30,2001, the Corporation issued and delivered its North Padre Island Development Corporation Tax
Increment Contract Re\ enue Bonds. Series 20m, issued in the aggregate principal amount of
$2,500.000 (the "Senes :.'003 Bonds"). and
\VHEREAS, the CorporatIOn reserved the right in the Indenture to issue "Additional Parity
Bonds" (as defined in the Indenture) on a parity with the Series 2003 Bonds; and
WHEREAS, on November I L 2003, the City approved the terms ofa resolution authorizing
the sale of bonds in an amount not to exceed $2,500,000 (the "Series 2003A Resolution"); and
WHEREAS, pursuant to the terms of the Series 2003A Resolution and the Indenture, on
December 18, 2003. the Corporation Issued and delivered its North Padre Island Development
Corporation Tax Increment Contract Revenue Bonds, Series2003A, issued in the aggregate principal
amount 01'$2,500,000 (the "Series 2003A Bonds") on a parity with the Series 2003 Bonds; and
WHEREAS, on July 13,2004, the City approved the terms of a resolution authorizing the sale
of bonds III an amount not to exceed $4.500,000 (the "Series 2004 Resolution"); and
\\HEREAS, pursuant to the lenns of the Series 2004 Resolution and the Indenture, on
October 20. 2004. the l'orporatlon issued and delivered its North Padre Island Development
CorporatIon Tax Increment Contract Revenue Bonds, Series 2004, issued in the aggregate principal
amount 01'$4, I 00,000 (the "Series 2004 Bonds") on a parity with the Series 2003 Bonds and the
Serie... 2003A Bonds; and
WHEREAS, the bonds hereinafter authorized are the fourth series ofbonds to be issued under
the terms of the Indenture, shall constitute "Additional Parity Bonds", and upon the delivery of the
bonds hereinafter authorized, the aggregate principal amount of the bonds issued by the Corporation
as "Parity Bonds" I as defined in the Indenture) will not exceed $12,000,000; and
WHEREAS, the City is not located in a county with a population of 2.1 million or more
resident s; and
WHEREAS, as pennitted by Chapter 431, Texas Transportation Code, as amended, the
Corporation desires to issue bonds hereinafter authorized upon the terms and conditions and for the
purpose-- herein provided
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ARTICLE II
DEFINITIONS AND INTERPRETATIONS
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~ectlOn 2.1 pefinitions. [n this Resolution, the following tenus shall have the following
meanmgs. unless the context clearly indicates otherwise. Terms not defmed herein shall have the
meanmgs assigned to such ternlS in the Indenture:
The tenn 'Audit" shall mean the audited annual financial statements of the Corporation
prepared by an mdependent auditor.
I he ternl "AuthorvedDenorninatlons" shall mean $ I 00,000 or any integral multiple of$5,000
in excess (lfSIOO,OOO
The ternl "Authorved Representative" shall mean the President or any Vice President ofthe
CorporatIon. the Executive Director ofthe Corporation, or any other person designated by the Board
of DireCl ors of the C'orporation to act III such capacity
The ternl "Bond Resolution" shall mean, collectively, this Resolution and the resolutions
authonzmg the Issuance of the Senes 2003 Bonds. the Series 2003A Bonds and the Series 2004
Bond,
1 he term "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas.
The ternl "Dated Date" shall mean. with respect to the Series 2006 Bonds, the date so
designated in the Purchase Contrac1,
The term "DeSIgnated Trust Office" shall mean the designated corporate trust office of the
Registrar which, as of the date of adoption of this Reso[ution. is located in Dallas, Texas.
T he term "Indenture" shall mean the Indenture of Trust dated as of February 1,2003 between
the Corporation and lPMorgan Chase Bank, National Association (the successor to lPMorgan Chase
Bank) and its successors in that capacitY'
The ternl "[ssuance Date" shall mean the date on which the Series 2006 Bonds are
authenticated by the Registrar and delivered to and paid for by the Underwriter.
The tenn "MA( 'It shall mean the Municipal Advisory Council of Texas.
fhe tenll "MSRB" ..hall mean the Municipal Securities Rulemaking Board.
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fhe tenn "\lRMSIR" shall mean each person whom the SEe or its staff has determined to
be a nat ICmally recognized municipal securities information repository within the meaning of the Rule
from'ime tn time
['he term "Paving Agent" shall mean the Registrar.
The term "ProJect" shall mean the Improvements described in the Project and Financing Plan
to be financed witn the proceeds of the Series 2006 Bonds.
fhe term 'Purchase Contract" shall mean the Bond Purchase Agreement between the
Corporation and the I Jnderwriter. executed under authority of this Resolution.
!'he term "ReCOr(1 Date" shall mean, for any Interest Payment Date, the last Business Day of
the month next preceding each Interest Payment Date
rhe term "Registrar" shall mean lPMorgan Chase Bank, National Association, and its
successors in that capacity.
hereto
rhe t enn "R eso lut Ion" shall mean t his resolution, and all amendments hereof and supplements
Ihe tcnn "Rule" shall mean S1'( Rule l5c2-l2. as amended from time to time.
The tenn "SE<'" shall mean the IJnited States Securities and Exchange Commission.
rhe term "Series 2003 Bonds" shall mean the Corporation's Tax Increment Contract Revenue
Bonds. Series 200~. originally issued in the aggregate principal amount 01'$2,500,000.
The tenn "Series 2003A Bonds" shall mean the Corporation's Tax Increment Contract
Revenue Ronds. Series 2003A, originally issued in the aggregate principal amount of$2,500,000.
lhe ternl "Series 2004 Bonds" shall mean the Corporation's Tax Increment Contract Revenue
Bonds. Series 2004. originally issued in the aggregate principal amount of$4, 100,000.
The tenn "Senes 2006 Bonds" ,n "Bonds" shall mean the Corporation's Tax Increment
Contract Revenue Bonds, Series 2006. authorized by this Resolution.
The term "SID" shall mean any person designated by the State of Texas or an authorized
department, officer or agency thereof as, and detennined by the SEC or its staff to be, a state
infOITnatlOn deposito!) within the meaning of the Rule from time to time.
The term "Underwriter" shall mean M.E. Allison & Co.. Inc.
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Section 2.2 Interpretations. All tenns defmed herein and all pronouns used in this Resolution
shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of
the articles and sections of this Resolution have been inserted for convenience of reference only and
are not 10 be considered a part hereof and shall not in any way modifY or restrict any of the terms or
provIsions hereof ThiS Resolution and all the terms and provisions hereof shall be liberally construed
to effectuate the purpose" set forth herein and to sustain the validity of the Parity Bonds and the
validIl y ofthe hen on and pledge of the Pledged Revenues to secure the payment ofthe Parity Bonds.
ARTICLE III
fERMS OF THE BONDS
)ectlOn 3.! MaxllllUm Amount, Purpose, Authorization. The Series 2006 Bonds shall be
issued in fully registered form, without coupons, numbered consecutively from R -I upward, in the
aggregate principal amount not to exceed $2,900,000 for the purpose of(l) paying Project Costs and
(2) paying Costs of Issuance, all under and pursuant to the authority of the Act and aU other
applicable lay,. None of the proceeds of the Series 2006 Bonds shall be used for the purpose of
paying or otherwise provIding for educational facilities.
Section 3.2 Sale of the Series 2006 Bonds. The Authorized Representative is hereby
authorIzed to act for and on behalfofthe Corporation in connection with the issuance and sale of the
Series 2006 Bonds In that capacitv. the Authorized Representative, acting for and on behalf of the
Corporal Ion. shall Jetenlllne the date fin issuance and sale of the Series 2006 Bonds and shall
approve. execute and deliver the Purchase C'ontract with t he Underwriter. Interest on the Series 2006
Bond" shall be payable on the date or dates described 10 the Purchase Contract (the "Interest Payment
Dates") fhe Series 2006 Bonds shall bear mterest at the fixed rate or rates per annum calculated on
the basis of a 360-day year of twelve 30-day months, as set forth in the Purchase Contract. There
shall be :--el forth in the Purchase Contract the principal amount of the Series 2006 Bonds to be sold
(in no event, however. to exceed the maximum principal amount authorized in Section 3.1 hereof),
the price at which the Senes 2006 Bonds shall be sold. the principal amortization schedule for the
Series 2006 Bonds (including, without limitation, the maturity date or dates for the Series 2006
Bonds (the "Principal Installment Payment Dates") and the designation of any ofthe maturities of the
Senes 2006 Bonds as term bonds and any sinking fund payments to be deposited to the credit of the
Debt Service Fund relating to any term bond so designated). the redemption features of the Series
2006 Bonds, the rate Of rates of interest to be borne by the Series 2006 Bonds, the Dated Date of the
Series ~006 Bonds. ,md at her matters relating to the Issuance, sale and delivery of the Series 2006
Bonds. including, without limitation, the designation given to the Series 2006 Bonds and the
obtainmg of insurance Of other [anTIs of credit enhancement with respect to the Series 2006 Bonds;
provided that the Purchase Contract must provide for the Series 2006 Bonds to be sold on terms that
produce II) interest rate or rates for t he Series 2006 Bonds in a multiple of 1/8 of I % or 1/20 of 1%
or 1/100 uf I %, (Ii) a "net dfectlve mteresl rate" not in excess of 10.00%, (iii) a fmal maturity date
of the Series 2006 Bonds that shall not extend beyond December 15.2022, and (iv) interest rates
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such that the highest interest rate on any Series 2006 Bond does not exceed the lowest interest rate
on such Series 2006 Bond~ by more than 4.00%. The Authorized Representative's approval of the
Purchase Contract shall be conclusively evidenced by his or her execution thereof.
Section 3.3. Execution of Series 2006 Bonds. The Series 2006 Bonds shall be signed on
behalf of the Corporation by an Authorized Representative and countersigned by the Secretary by
their manual, lithographed. or facsimile signatures. Such facsimile signatures on the Series 2006
Bonds shall have the same ,:ffect as if each of the Series 2006 Bonds had been signed manually and
m person by each of saId, \fficers. I f any officer of the Corporation whose manual or facsimile
signature shall appear on the Series 2006 Bonds shall cease to be such officer before the
authentICation of such Senes 2006 Bonds or before the delivery of such Series 2006 Bonds, such
manual O! facsimile signature shall nevertheless be valid and sufficient for all purposes as if such
officer had remained in such otIice
Section 3.4: Approval By Attorney General; Registration by Comptroller. The Series 2006
Bonds to be initially Issued shall be delivered to the Attorney General of Texas for examination and
approval and shall be registered by the Comptroller. By approving this Resolution, the City Council
shall have authorized the payment of the tee of the Office of the Attorney General of the State of
Texas Ifl[ the examinatIOn of the proceedmgs relating to the issuance of the Series 2006 Bonds on
behalf of the Corporation,n the amount determined in accordance with the provisions of Section
1 202.004. Texas Go \ ernment Code. The manually executed registration certificate 0 fthe Comptro ller
substantially in the toml provided in Exhibit A to this Resolution shall be affixed or attached to the
Series 2006 Bonds to be imtially Issued and delivered to the Underwriter.
Section 3.5 AuthenticatIon. Except for the Series 2006 Bonds to be initially issued, which
need not be authenticated bv an authorized signatory of the Registrar, only such Series 2006 Bonds
as shall bear thereon a certiticate of authentication substantially in the form provided in Exhibit A to
this Resolution, manually executed by an authorized signatory of the Registrar, shall be entitled to
the benefits of thiS ResolutIon or shall be valid or obligatory for any purpose. Such duly executed
certificate of authentIcation shall be conclusive evidence that the Series 2006 Bond so authenticated
was dehvered by the Registrar hereunder
The Registrar, when it authenticates a Series 2006 Bond, shall cause the Dated Date to be
stamped, typed or imprinted on such Series 2006 Bond. Series 2006 Bonds issued on transfer of or
in exchange for other Serie~ 2006 Bonds shall bear the same Dated Date as the Series 2006 Bond or
Series 2006 Bonds presented for transfer or exchange
~ctioQ.-1~ Pa~nt of Pri~i!.Land Interest. The Registrar is hereby appointed as the
registrar and paying agent for the Series 2006 Bonds. The principal of the Series 2006 Bonds shall
be payable, without exchange or collectIOn charges, in any coin or currency of the United States of
America which. on the date dfpayment, is legal tender for the payment of debts due the United States
of America, upon their presentation and surrender as they respectively become due and payable,
whether at maturity or by prior redemption, at the Designated Trust Office. The interest on each
Series 2006 Bond shall be payable by check payable on the Interest Payment Date, mailed by the
Registrar on or before each Interest Payment Date to the Owner ofrecord as ofthe Record Date, to
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the address of such Owner as shown on the Register, or by such other method, acceptable to the
Registrar. requested bv and at the risk and expense of the Owner.
I fthe date for the payment ofprincipal or interest on any Series 2006 Bond is not a Business
Day, then the date t()r such payment shall be the next succeeding Business Day, and payment on such
date shall have the same force and effect as if made on the original date such payment was due.
?ectionLZ. Successor Registrars The Corporation covenants that at all times while any
Series 2006 Bonds are Outstanding it will provide a commercial bank or trust company organized
under the laws of the United States of America or State of Texas or other entity duly qualified and
legally authorized to ad a~ Registrar for the Series 2006 Bonds. The Corporation reserves the right
to change the Registrar for the Series 2006 Bonds on not less than sixty (60) days written notice to
the Registrar. so long as any such notice IS effective not less than sixty (60) days prior to the next
succeeding Principal Installment Payment Date or Interest Payment Date on the Series 2006 Bonds.
Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the
Register or a copy thereot to the new Registrar, and the new Registrar shall notifY each Owner, by
United States maIl, tirst ,..:lass postage prepaid, of such change and of the address of the new
Regislral Each Registrar hereunder. hy acting in that capacity, shall be deemed to have agreed to
the prnVISlons of thIs Sect i\ 1Il.
Section 3X Special Record Date. If interest on any Series 2006 Bond is not paid on any
Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall
establish a new record date for the payment ofsuch interest, to be known as a "Special Record Date."
fhe RegJstrar shall establish a Special Record Date when funds to make such interest payment are
received !Tom OJ on behalf of the Corporation. Such Special Record Date shall be fifteen (15) days
prior 10 the date fixed tor payment dfsuch past due interest, and notice of the date of payment and
the SpeCIal Record Date shall be sent by tnited States mail, first class postage prepaid, not later than
five (5 I days prior to the Special Record Date, to each Owner or record of an affected Series 2006
Bond as "rthe close 01 business on the day prior to the mailing of such notice.
Section 3.9: Ownership; Unclaimed Principal and Interest. Subject to the further provisions
of this Section, the Corporation. the RegIstrar and any other person may treat the person in whose
name dn: Senes 2006 Bond is registered as the absolute Owner of such Series 2006 Bond for the
purpose llfmaking and receiving payment of the principal 01'01' interest on such Series 2006 Bond,
and for all other purposes. whether or not such Series 2006 Bond is overdue, and neither the
Corporation nor the Registrar shall be bound by any notice or knowledge to the contrary. All
payments made to the person deemed to be the Owner of any Series 2006 Bond in accordance with
this Section 3.9 shall be valid and effectual and shall discharge the liability of the Corporation and the
Registrar upon such Series 2006 Bond to the extent of the sums paid.
t\mounts heid by the Registrar which represent principal of and interest on the Series 2006
Bonds remaining unclaimed by the Owner after the expiration of three (3) years from the date such
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amounb have become due and payable shall be reported and disposed of by the Registrar in
accordance with the applicable provisions of the Paying Agent Agreement.
Section 3.10: Registration, Transfer, and Exchange. So long as any Series 2006 Bonds
remam Outstanding, the Registrar shall keep the Register at the Designated Trust Office and, subject
to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and
transkr ()fSeries 200h Bonds in accordance with the terms of this Resolution.
Each Series 2006 Bond shall be transferable only upon the presentation and surrender thereof
at the Designated Trust Office of the Registrar, duly endorsed for transfer, or accompanied by an
assignment duly executed by the Registered Owner or his authorized representative in form
satisfactory to the Registrar. Upon due presentation of any Series 2006 Bond in proper form for
transfer. the Registrar shail authenticate and deliver in exchange therefor, within three (3) Business
Days after such presentation, a ne\\ Series 2006 Bond or Series 2006 Bonds, registered in the name
of the transferee or transferees, III Authorized Denominations and of the same maturity, aggregate
principal amount, and Dated Date. and bearing interest at the same rate as the Series 2006 Bond or
Series 2006 Bonds so presented Anything to the contrary herein notwithstanding, no Series 2006
Bond ...hall be issued in a denomination of less than $100,000.
All SerIes 2006 Bonds shall be exchangeable upon presentation and surrender thereof at the
Designated Trust Office of the RegIstrar for a Series 2006 Bond or Series 2006 Bonds of the same
maturll y. Dated Date, and mterest rate and in any Authorized Denomination, in an aggregate amount
equal 10 the unpaid principal amount of the Series 2006 Bond or Series 2006 Bonds presented for
exchange The Registrar shall be and is hereby authorized to authenticate and deliver exchange Series
2006 Bonds in accordance '.vith the proviSIons ofthis Section 3.10. Each Series 2006 Bond delivered
111 accordance with this Section 3.10 shall be entitled to the benefits and security of this Resolution
to the same extent as the Series 2006 Bond or Series 2006 Bonds in lieu ofwhich such Series 2006
Bond is delivered
The Corporation or the RegIstrar may require the Owner of any Series 2006 Bond to pay a
sum suffiCIent to cover any tax or other governmental charge that may be imposed in connection with
the transfer or exchange of such Series 2006 Bond. Any fee or charge of the Registrar for such
transfer or exchange shall he paid by the ('orporation
[he Registrar shall not be required to transfer or exchange any Series 2006 Bond during the
period begirming on a Record Date or a Special Record Date and ending on the next succeeding
Interest Payment Date or to transfer or exchange any Series 2006 Bond called for redemption during
the perIod beginning thIrty days prior to the date fixed for redemption and ending on the date fixed
for redemption; prO\ Ided, however. that this limitation shall not apply to the exchange by the Owner
of the unredeemed portion ofa Series 200h Bond called for redemption in part.
Section 3.11. Cancellation of Series 2006 Bonds. All Series 2006 Bonds paid or redeemed
III accordance with this Resolution, and all Series 2006 Bonds in lieu of which exchange Series 2006
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Bonds or replacement Series 2006 Bonds are authenticated and delivered in accordance herewith,
shall be canceled and thereafter 1 reated in accordance with the Registrar's document retention
poliCies
SectIOn 3.] 2: Mutilated, Lost, or Stolen Series 2006 Bonds. Upon the presentation and
surrender to the Registrar of a mutilated Series 2006 Bond, the Registrar shall authenticate and
deliver in exchange thereJ()r a replacement Series 2006 Bond oflike maturity, Dated Date, interest
rate and principal amo unt. beanng a number not contemporaneously Outstanding. The Corporation
or the Registrar may reqUIre the Owner of such Series 2006 Bond to pay a sum sufficient to cover
any t,1'\ lr other governmental charge tbat may be Imposed in connection therewith and any other
expense'- connected therewith, mcluding the fees and expenses of the Registrar.
II any Series 2006 Bond is lost, apparently destroyed, or wrongfully taken, the Corporation,
pursuant to the applicable Jaws of the State of Texas and in the absence of notice or knowledge that
such Senes 2006 Bond has been acquired by a bona fide purchaser, shall execute and the Registrar
shall authenticate and deliver a replacement Series 2006 Bond oflike maturity, Dated Date, interest
rate and principal amount. bearing a number not contemporaneously Outstanding, provided that the
Ov,'nel therenf"hall have
( i furnished t,i the Registrar satisfactory eVIdence of the ownership of and the
c ircum.qances ofthe loss. destruction or theft of such Series 2006 Bond;
(') furnIshed such security or mdemmty as may be required by the Registrar to
save it and the Corporation harmless:
(\ ) paid al1 expenses and charges in connection therewith, including, but not
Immed 10, printing costs. legal fees, fees of the Registrar and any tax or other
governmental charge that may be imposed: and
(4) met any otner reasonable requirements of the Corporation and the Registrar.
If, after the delivery of such replacement Series 2006 Bond, a bona fide purchaser of the original
Series 2006 Bond in lieu,)f which such replacement Series 2006 Bond was issued presents for
payment such origmal Senes 2006 Bond, the Corporation and the Registrar shall be entitled to
recover such replacement Series 2006 Bond from the person to whom it was delivered or any person
taking therefrom. except a bona fide purchaser, and shall be entitled to recover upon the security or
mdemmt) provided lheref('f to the extent of any loss, damage, cost or expense incurred by the
CorporatJon or the Reglstrar in connection therewith.
I f any such mutIlated, lost, apparently destroyed or wrongfully taken Series 2006 Bond has
hecome or is about to become due and payable, the Corporation in its discretion may, instead of
Issuing a replacement Series 2006 Bond. authorize the Registrar to pay such Series 2006 Bond.
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Each replacement Series 2006 Bond delivered in accordance with this Section 3.12 shall be
entitled to the benefit~ and security of this Resolution to the same extent as the Series 2006 Bond or
Series 2006 Bonds in lieu of which such replacement Series 2006 Bond is delivered.
Section 3.13: Redemption. The Series 2006 Bonds are subject to redemption under the
conditions, on the dates, and for the redemption prices set forth in the Purchase Contract, which shall
be incorporated mto the Form of Bond set forth in Exhibit A hereto. Ifless than all of the Series
2006 Bonds are to be redeemed. the Corporation shall determine the particular Series 2006 Bonds
or portIOns thereof to be redeemed.
Principal amount~ may be redeemed only in integral multiples of $5,000. If a Series 2006
Bond subJect to redemption is in a denommation larger than $100,000, a portion of such Series 2006
Bond may be redeemed, but only in integral multiples of $5,000 and so long as the unredeemed
portion ufany Series 200h Bonds so redeemed in part is not less than $100,000. Upon surrender of
any Senes 2006 Bond for redemption in part, the Registrar, in accordance with Section 3.10 hereof,
shall authentIcate and delIver in exchange therefor a Series 2006 Bond or Series 2006 Bonds of like
matunt:. Dated Date. and interest rate in an aggregate principal amount equal to the unredeemed
portIOn \l f the Series :'OOh Bond S( I surrendered.
nless waived by the Owner, notice of any redemption identifYing the Series 2006 Bonds to
be redeemed in whole or ill part shall be given by the Registrar at least thirty (30) days prior to the
date fixed for redemptJon hy sending written notice by United States mail, first class postage prepaid,
to the Owner of each Senes 2006 Bond to be redeemed in whole or in part at the address shown on
the Register. Such notices shall state the redemption date, the redemption price, the place at which
Serie~ 2006 Bonds are to be surrendered for payment and, if less than all Series 2006 Bonds
Outstanding of a particular maturity are to be redeemed, the numbers of the Series 2006 Bonds or
portions thereofofsuch maturity to be redeemed. Any notice given as provided in this Section 3.13
shall be conclusively presumed to have been duly given, whether or not the Owner receives such
notice By the date fixed t< lr redemption, due provision shall be made with the Registrar for payment
of the redemption price of the Series 2006 Bonds or portions thereof to be redeemed, plus accrued
interest 10 the date fixed filr redemption. When Series 2006 Bonds have been called for redemption
in whoIc or 111 part and due proviSIOn has been made to redeem the same as herein provided, the
Series 2006 Bonds or portIons thereof so redeemed shall no longer be regarded as Outstanding except
for the purpose of receiving payment solely from the funds so provided for redemption, and the rights
of the Owners to collect interest which would otherwise accrue after the redemption date on any
Series 2006 Bond or port IOn thereof called for redemption shall terminate on the date fixed for
redemptlOn.
Should ownership, lfthe Senes 2006 Bonds be established in accordance with the book-entry-
only system ofThe Depository Trust Company (ltDTClt), the Paying Agent for the Series 2006 Bonds
shall notify DTC that in the exercise by DTC of the selection of Series 2006 Bonds for redemption,
the Series 2006 Bonds shall be so selected by DTC in such a manner that no beneficial owner of
Series 2006 Bonds shall own less than $100.000 in principal amount of any Series 2006 Bonds of any
one maturIty
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Sectlon 3. ]4: Lunited Obli~ations. THE SERIES 2006 BONDS ARE A LIMITED
OBLlGA TION OF THI CORPORA nON, PAYABLE SOLELY, TOGETHER WITH THE
CURRENTLY OUTSTANDING PARITY BONDS, OUT OF THE TRUST ESTATE, WHICH IS
THE S( )LF ASSET OF THE CORPORATION PLEDGED THEREFOR. THE SERIES 2006
BONDS ARE OBLIGATIONS SOLELY OF THE CORPORATION AND DO NOT
CONSTITUTE, WITHIN THEMEAN]NG OF ANY STATUTORY OR CONSTITUTIONAL
PROVISION. AN INDEBTEDNESS. <\N OBLIGATION OR A LOAN OF CREDIT OF THE
crn OF CORPUS ('HRISTL THE 51 ATE OF TEXAS, NUECES COUNTY, TEXAS, DEL
MAR COLLEGE NUFCES COUNTY HOSPITAL DISTRICT. REINVESTMENT ZONE
NUMBER TWO. CITY OF CORPUS CHRISTI. TEXAS, OR ANY OTHER MUNICIPALITY,
COU NTY, OR OTHE R r-,1 UNICIP AL OR POLITICAL CORPORATION OR SUBDIVISION OF
THE STATE OF rEXAS NEITHER THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS DEL MAR COLLE<iE. NUECES COUNTY HOSPITAL DISTRICT NOR
REINVI'STMfNT LONl: NUMBER TWO. CITY OF CORPUS CHRISTI, TEXAS ARE
OBLIciATED n) MAKE PAYMENTS ON THE SERIES 2006 BONDS OR THE
OUTST\NDING PARITY BONDS,
\RTlCLE IV
FORM OF SERlES 2006 BONDS AND CERTIFICATES
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Section 4,1. Form", The form of the Series 2006 Bonds, including the form ofthe Registrar's
authentication certiticate. [he fiJm1 of aSSIgnment, and the form of the Comptroller's Registration
Certificate for the Series 2006 Bonds to be mitially issued. shall be in substantially the form as set
forth In Ixhihit '\ 1\) thiS Resolutioll,
~~ction 4,2, Legal Opinion; CUSIP Numbers; Bond Insurance. The approving opinion of
Bond Counsel and CUSIP Numbers may be printed on the Series 2006 Bonds, but errors or
omissions m the printing of such opmion or such numbers shall have no effect on the validity of the
Series 2006 Bonds, Ifbond insurance IS obtained by the Underwriter. the Series 2006 Bonds may
bear an appropriate legend as provided bv the insurer.
'\RTICLE V
ADDITIONAL BONDS
~ection 5.:l AdditIonal Panty Bonds. The Corporation reserves the right to issue, for any
lawful purpose (including the refunding of any previously issued Parity Bonds), one or more series
of Additional Parity Bonds payable from and secured by a first lien on the Pledged Revenues, on a
parity with the Series 2003 Bonds, the Senes 2003A Bonds, the Series 2004 Bonds and the Series
2006 Bonds; provided, however, that Additional Parity Bonds may be issued only in accordance with
the proviSIons of Article III of the Indenture.
Section 5.2. Subordinate Lien Obligations. The Corporation reserves the right to issue, for
any la\\'ful purpose, Subordinate Lien Obligations secured in whole or in part by liens on the Pledged
Revenues that are junior and subordinate 10 the lien on Pledged Revenues securing payment of the
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Parity Bonds. Such Subordinate Lien Obligations may be further secured by any other source of
payment lawfully available for such purposes.
Section 5.3: Reserve Fund. No Reserve Fund has been established for the benefit of the
Series 2006 Bonds The Corporation reserves the right to establish a Reserve Fund for the benefit of
the Senes 2003 Bonds, the Series 2003/\ Bonds, the Series 2004 Bonds, the Series 2006 Bonds or
any .\dditional Panty Bonds.
Section 5.4' Representations Regarding Series 2006 Bonds Issued as Additional Parity Bonds.
The (orporation hereby represents that
i a) The Series 2006 Bonds mature on, and interest is payable on, the Principal Installment
Payment Dates and Interest Payment Dates. respectively; and
'b) The Corporation is not in material default with the terms of the Indenture, any Bond
Resolution. the Tri-Party Agreement or any other agreement to which it is a party.
The ( orporation further represents that upon the issuance of the Series 2006 Bonds, the aggregate
prinClpai amount of Parily Obligations issued by the Corporation to fund Project Costs will not
exceed S 12.000.000. and therefore the Corporation is not required to satisfY the requirements of
subsections (c) or (d) of Section 3 2 of the Indenture with respect to the issuance of the Series 2006
Bond"
ARTICLE VI
GENERAL COVENANTS
;-iection 6. j. Punctual Payment of Parity Bonds. The Corporation will punctually payor
cause to be paid the interest on and principal of all Parity Bonds according to the terms thereof and
will faithfully do and ped()ITn, and at all times fully observe, any and all covenants, undertakings,
stipulations and provisions contained in this Resolution and in any resolution authorizing the issuance
of AdditIOnal Parity Bonds
;-;echon 6.2: Maintenance ofTIRZ Two. So long as any Parity Bonds remain Outstanding,
the Corporation covenants that it will, within the limits of its authority, comply with all contractual
proviSions and agreements entered mto by it and with all valid rules, regulations, directions or orders
of any go vernmental, admmistrative, or judicial body promulgating same, noncompliance with which
would materially and adversely affect the operation ofTlRZ Two.
SectiOn 6.3: Accounts, Records, and Audits. So long as any Parity Bonds remain
Outstanding, the Corporation covenants and agrees that it will maintain a proper and complete system
of records and account s pertaining to the operation ofTlRZ Two and the Corporation in which full,
true and proper entries will be made of all dealings, transactions, business and affairs which in any
way affect or pertain to TIRZ Two, the Corporation or the Pledged Revenues. The Corporation shall
after the close of each Fiscal Year cause an Audit to be prepared by an independent certified public
-12-
accountant or independent firm of certified public accountants. All expenses incurred in preparing
Audits shall be maintenance and operation expenses.
)echon 6.4: Pledge and Encumbrance of Pledged Revenues. (a) The Corporation covenants
and represents that it has the lawful power to create a lien on and to pledge the Pledged Revenues
to secure the payment of the Parity Bonds and has lawfully exercised such power under the
ConstItutIOn and laws of the State of Texas The Corporation further covenants and represents that,
other than to the payment of the Parity Honds, the Pledged Revenues are not and will not be made
subject to any other lien pledge or encumbrance to secure the payment of any debt or obligation of
the C 'rporatloH, unless such lien, pledge or encumbrance is junior and subordinate to the lien and
pledge securing payment ,fthe Parity Bonds.
(b) The proviSIons of subsection (a) of this Section 6.4 notwithstanding, the lien on, pledge
ot: and TIghts in and to the Pledged Tax Increments established, made, and granted in the Indenture
and pursuant to subsection (a) of this Section 6.4 shall constitute a first and senior lien thereon,
subject only to the rights. if any, of the holders of bonds or other obligations that have been
heretofore or are hereafter Issued b) a Participant that are payable from and secured by a general levy
of ad \ aiorem taxes throughout the taxing jurisdiction of the Participant.
(L I Each of the Participants has agreed to contribute its Contract Tax Increment to the Tax
Increment Fund, In accordance WIth the Act and its Participant Contract, and that each of the
PartiCIpants, other than the District has agreed to contribute and is currently contributing as its
Contract rax Incrernent 1(10% of its Tax 1ncrement. Each of the Participants, other than the District,
has agreed to contribute its Contract Tax Increment to the Fund for the term of the Zone, which is
scheduled to expire on December :< 1. 2022. 1n the District Agreement, the District has agreed to
contribute 100Cl,o of its Contract Tax Increment to the Fund in the first five years of the District
A.greement. xoo'o of its (ontract fax Increment to the Fund in the sixth year of the District
A.greement, 6000 uf ih Contract 1 ax Increment to the Fund in the seventh year of the District
Agreement, 4000 t)f its (nntract Tax Increment to the Fund in the eighth year of the District
Agreement, lOoo (l r 11 s (ontract Tax 1 ncrement to the Fund in the ninth year of the District
Agreement. with such obligation oflhe District ending after the ninth year of the District Agreement.
The Curporatlon will use reasonable eHorts to cause the Participants to levy and annually assess and
collect ad valorem taxes at such rates and amounts as may be necessary and required to pay in full
and on a lImely basis all debt service reqUIrements on each Participant's respective outstanding bonds
or other obligatIOns that are payable in whole or in part from and secured by a general levy of ad
valorem taxes throughout "uch Participant without resort to the use of any portion of the Contract
Tax Increment denved from the tax collectIOns of such Participants for such purpose, and to cause
the portion of such taxes representing Contract Tax Increments to be paid to the Tax Increment Fund.
Section ().5 Owners' Remedies rhis Resolution shall constItute a contract between the
-. -..- -
CorporatIon and the Owners of the Parity Bonds from time to time Outstanding and this Resolution
shall be and remain Irrepeaiable until the Parity Bonds and the interest thereon shall be fully paid or
discharged or proVISion therefor shall have been made as provided herein. In the event ofa default
m the payment of the principal 01 or Ulterest on any of the Parity Bonds or a default in the
performance of any dUlv 0: covenant proVIded by law or in this Resolution, the Owner or Owners
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of an v olthe Panty Bonds may pursue all legal remedies afforded by the Constitution and laws of the
State of Texas to compel the Corporation to remedy such default and to prevent further default or
defaults Without 111 allY '0 ay limiting the generality of the foregoing, it is expressly provided that any
Owner uf any of the Panty Bonds may at law or in equity, by suit action, mandamus, or other
proceedmgs. enforce and compel performance of all duties required to be performed by the
Corporation under this Resolution, the deposit of the Pledged Revenues into the special funds herein
provIded. and the applical Ion of such Pledged Revenues in the manner required in this Resolution.
The flJregoing not withstanding, acceleration ofthe Parity Bonds is not an available remedy. The sole
source 0 (the CorporatIon available for the payment of debt service on the Bonds is and shall be the
Pledged Revenues
~ection 6.{J. DIscharge by Deposit. The Corporation may discharge its obligation to the
Owners uf any or all of the Parity Bonds to pay principal, interest and redemption premium (if any)
thereon In any manner then pem-litted hy law, including, but not limited to, by depositing with any
paying agent fin such Panty Bonds either (i) cash in an amount equal to the principal amount and
redemptIon premium. if any, of such Parity Bonds plus interest thereon to the date of maturity or
redemptlOn, or (il) pursuant to an escrow or trust agreement, cash and/or direct noncallable,
nonprepayable obhgatlOns of the United States of America, ill principal amounts and maturities and
bearing Interest at rates sufficient to proVide for the timely payment of the principal amount and
redemptIOn premium. ;f any, of such Parity Bonds plus interest thereon to the date of maturity or
redemption; provided. hO\vever. that if any of such Parity Bonds are to be redeemed prior to their
respect 1\ e dates of maturity, proVIsion shall have been made tor giving notice of redemption as
provided III the reSOlution authorizing such Parity Bonds Upon such deposit, such Parity Bonds shall
no longer he regarded 10 he Outstanding or unpaid.
Section (). 7 Registrar and Trustee May Own Parity Bonds. The Registrar and Trustee for
the Pant\ Bonds. III their corporate or any other capacity, may become holders or pledges of the
Parity Honds with the same rights they would have if they were not the Registrar or Trustee.
Section 6.8. No Recourse Agamst Corporation Officials. No recourse shall be had for the
payment of principal of or interest on any Parity Bonds or for any claim based thereon or on this
Resolution against any ofticial of the Corporation or any person executing any Parity Bonds. No
member dl' the Board 01 Directors of the Corporation or any officer, agent, employee or
representatIve of the Corporation in his individual capacity, nor the officers, agents, employees or
representatives of the Corporation nor any person executing the Series 2006 Bonds shall be
personally liable thereon or be subject to any personal liability or accountability by reason of the
Issuance thereot~ whether b\ virtue of any constitution, statute or rule ofIaw, or by the enforcement
of any assessment or penalt v, or otherwtse. all such liability being expressly released and waived as
a condItIon of and in consideration for the adoption of this Resolution and the issuance of the Series
2006 Bonds.
S~ctloniJ..:2: Punctual Payment of Contractual ObligatIons. The Corporation will punctually
payor cause to be paid any payment obligations made by the Corporation under the terms of a
contract hereafter executed and delivered by the Corporation of the nature described in Section 5.2.
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ARTICLE VII
PROVISIONS CONCERNING SALE AND
APPLICATION OF PROCEEDS OF SERIES 2006 BONDS
Section 7. j : Execution of Documents to Effect Sale of Series 2006 Bonds. Each Authorized
Representative and other appropriate ot11cers, agents and representatives of the Corporation are
hereby authorized to do any and all things necessary or desirable to provide for the issuance and
delivery ufthe Series 200h Bonds
Section 7.2. mmhcation of Proceeds. Proceeds from the sale of the Series 2006 Bonds shall,
promptly upon receIpt by the Trustee, be applied in the manner provided for in a certificate executed
by an Authorized Representative. Proceeds from the sale of the Series 2006 Bonds representing
prerruum. If any. paid hy the Underwriter in connection with the sale of the Series 2006 Bonds may
be used Illr any purpose authorized by Section 120] .042(d), Texas Government Code, as directed
m a ceridicate executed b\ an AuthorizeLl Representative.
ARTICLE VIII
TAX EXEMPTION
Section ~. I: General Tax Covenants. The Corporation covenants to refrain from any action
which would adversely affect, or to take any action to assure, the treatment of the Series 2006 Bonds
as obhgatIOns described in section ]03 of the Code, the interest on which is not includable in the
"gross mcome" of the holder for purposes of federal income taxation. In furtherance thereof, the
Corporat Ion covenants as 101l0ws:
(a) i 0 take any action to assure that no more than] 0 percent of the proceeds of
the Series 2006 Bonds or the projects tlnanced therewith (less amounts deposited to a reserve
fund, ifany) are used for any "private business use", as defmed in section 141(b)(6) of the
Code or, ifmore than 10 percent of the proceeds are so used, that amounts, whether or not
received by the Corporation, with respect to such private business use, do not, under the
terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or
pruvide lor the payment of more than] 0 percent of the debt service on the Series 2006
Bonds. in contravention of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent ofthe proceeds ofthe Series 2006 Bonds
or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the
dl110unt in excess 01 5 percent is used for a "private business use" which is "related" and not
'disproportlonate". within the meaning of section 141(b )(3) of the Code, to the governmental
lIse!
-] 5-
(c I to take any action to assure that no amount which is greater than the lesser of
y'i,OOO,{){)O. or 5 percent of the proceeds of the Series 2006 Bonds (less amounts deposited
'tHO;j reserve lund, ifany), is directly or indirectly used to finance loans to persons, other than
,tate or local governmental units. m contravention of section 141(c) of the Code;
(d I to refram from taking any action which would otherwise result in the Series
2006 Bonds being treated as "pnvate activity bonds" within the meaning of section 141(a) of
!he ( ode:
(e i to refram from takmg any action that would result in the Series 2006 Bonds
11eing "tederally guaranteed" within the meaning of section ] 49(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Series 2006 Bonds,
directly or mdrrectly. to acquire or to replace funds which were used, directly or indirectly,
to acqurre lI1vestment property (as defined in section ]48(b )(2) of the Code) which produces
I materially hIgher yield over the term of the Series 2006 Bonds, other than investment
property acqUired with.-
i I proceeds 0 fthe Series 2006 Bonds invested for a reasonable temporary
penod of three years or less until such proceeds are needed for the purpose for which
[he Senes 2006 Bonds are issued,
(2 amounts invested in a bona fide debt service fund, within the meaning
,)fsection 1.148-I(b) of the Regulations. and
(3 amounts deposited in any reasonably required reserve or replacement
fund to th;.;" extent such amounts do not exceed 10 percent of the proceeds of the
Series 2006 Bonds:
I g I to <ltherwise restrict the use of the proceeds of the Series 2006 Bonds or
amounts treated as proceeds of the Series 2006 Bonds, as may be necessary, so that the Series
2006 Bonds do 1I0t otherwise contravene the requirements of section 148 of the Code
(relatmg to arbitrage) and. to the extent applicable. section 149( d) of the Code (relating to
advance refundings); and
I. h) to pay to the Umted States of America at least once during each five-year
period (begrrmmg on the date of delivery of the Series 2006 Bonds) an amount that is at least
equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the
('ode and to pay to the United States of America. not later than 60 days after the Series 2006
Bonds have been paid in fulL 100 percent of the amount then required to be paid as a result
of Excess Faming" under section 148(f) of the Code.
The ( orporation understands that the term "proceeds" mcludes "disposition proceeds" as defmed in
the Treasury Regulations and, in the case of a refunding bond, transferred proceeds (if any) and
proceeds of the refunded honds expended prior to the date of the issuance of the Series 2006 Bonds.
It is the understanding of the Corporation that the covenants contained herein are intended to assure
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compllance with the Code and any regulations or rulings promulgated by the U.S. Department of the
Treasurv pursuant theretn In the event that regulations or rulings are hereafter promulgated which
modily oJr expand provisions of the Code. as applicable to the Series 2006 Bonds, the Corporation
will not be required to comply with any covenant contained herein to the extent that such failure to
comply. ill the opinion of nationally-recognized bond counsel, will not adversely affect the exemption
from tederal mcome taxation of interest on the Senes 2006 Bonds under section 103 of the Code.
In the ,;,vent that regulations or rulings are hereafter promulgated which impose additional
reqUirements which are applicable to the Series 2006 Bonds, the Corporation agrees to comply with
the additional requirements to the extent necessary, in the opinion of nationally-recognized bond
counseL to preserve the exemption from federal income taxation of interest on the Series 2006 Bonds
under section 103 of the (ode. In lurtherance of the foregoing, any Authorized Representative may
execule ,my certificates or other reports required by the Code and to make such elections, on behalf
of the C llrporatlOlL which may be pennitted by the Code as are consistent with the purpose for the
Issuance of the Senes ~)00t1 Bonds. In order to facilitate compliance with the above clause (h), there
has been estabhshed in the lndenture a "Rebate Fund" for the sole benefit of the United States of
Amenca. and such Rebate Fund shall not be subject to the claim of any other person, including
without lumtation the Registered Owners of the Series 2006 Bonds. The Rebate Fund is established
tor the additIOnal purpose ofcomplianee \vith section 148 of the Code.
Section 8.2. AHocation of: and Limitation on, Expenditures for the Project. The Corporation
covenants to account It)]' on its books and records the expenditure of proceeds from the sale of the
Series 2006 Bonds and an:v investment earnings thereon to be used for the payment of Project Costs
by allocatmg proceeds to expenditures \vithin I H months of the later of the date that (a) the
expenditure on a Project is made ur ib) each such Project is completed. The foregoing
notwithstanding, the Corporation shall not expend such proceeds or investment earnings more than
60 days after the later uf(a j the fifth anniversary of the date of delivery of the Series 2006 Bonds or
(bl th\:., date the Series 2006 Bonds are retired. unless the Corporation obtains an opinion of
nationallv-recognized bond counse1'mbstantially to the effect that such expenditure will not adversely
affect the tax-exempt statu" of the Series 2006 Bonds. For purposes ofthis Section, the Corporation
shall not be obligated to comply with this covenant ifit obtains an opinion of nationally-recognized
bond l.outlsel to the et1ect that such failure to comply will not adversely affect the excludability for
federa I lIlcome tax purposes from gros:.. income 0 r the interest.
Section tI. 3: Pisposltion of Project . The Corporation covenants that the property constituting
a ProJecI will not be sold or otherwise disposed in a transaction resulting in the receipt by the
Corporation of cash or other compensation. unless the Corporation obtains an opinion ofnationally-
recogmzed bond counsel substantially to the effect that such sale or other disposition will not
adversely affect the lax-exempt status of the Series 2006 Bonds. For purposes of this Section, the
portion of the propertv cc.mprising personal property and disposed of in the ordinary course of
busmessshall not be treated as a transaction resulting in the receipt of cash or other compensation.
For purposes ofthi" Section, the Corporation shall not be obligated to comply with this covenant if
It obtams an opinion of natlonally-recogmzed bond counsel to the effect that such failure to comply
will not adversely at1ecl the excludability fbr federal income tax purposes from gross income of the
Illterest on the Series 2006 Bonds.
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,\RTICLE IX
CONTINUING DISCLOSURE UNDERTAKlNG
Section I) .1. Annual Reports. (a) That the Corporation shall provide annually, within six
months after the end of each Fiscal Year ending in or after 2006, financial information and operating
data with respect to the Corporation of the general type described in Exhibit B hereto provided that
such mformation and data IS customarily prepared by the Corporation. Such information shall be
provided to any person upon request made to the Corporation provided that the Corporation reserves
the right at any time to commence making such annual filings with the SID (if any, and if none, to
each N RMSIR) in lieu of providing such information upon request. Any fmancial statements so to
be provided shall be \ 1 ) prepared in accordance with the accounting principles described in Exhibit B
hereto or such other accounting principles as the Corporation may be required to employ from time
to time pursuant to state law or regulation, and (2) audited, if the Corporation commissions an audit
of such statements and the audit is completed within the period during which they must be provided.
If the audIt of such tInancial statements is not complete within such period, then the Corporation shall
provide unaudited fInancial statements by the required time and shall provide audited [mancial
-;tatement~ tor the applicable Fiscal Year to each NRMSIR and any SID. when and if the audit report
on such statements hecl)mt available
I b) If the CorporatIon changes its Fiscal YeaL it will notifY the SID of the change (and of the
date ot the nevv Fiscal '{ ea: end) pnor to t he next date by which the Corporation otherwise would
be requ !fed to provide financial infonnation and operating data pursuant to this Section. The financial
mformation 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 reterence to any document (including an official
statement or other o1fering document. if It IS available from the MSRB) that theretofore has been
provided to the SID .)f tiled with the SFC
Section 9.2: Matenal Event Notices. The Corporation shall notifY any SID and the MSRB,
In a timely manner. of any oft he following events with respect to the Series 2006 Bonds, if such event
IS matenal within the meanmg of the federal securities laws:
J . Prinllpal and mtereSI payment delinquencies;
2. Non-payment related defaults;
3. l nscheduled draws on debt service reserves reflecting [mancial difficulties;
4. lnscheduled draws on credit enhancements reflecting fmancial difficulties;
'i Substitution of credit or liquidity providers, or their failure to perform;
6 Adverse tax opinions or events affecting the tax-exempt status of the Series
2006 Bonds;
7 ivIodilications to rights of holders of the Series 2006 Bonds;
x Series 2006 Bond calls;
\). Defeasances;
10 Release, substitutton, or sale of property securing repayment of the Series
2006 Bonds; and
I I Rating changes.
-I ~-
The torporation shall notify any SID and the MSRB, in a timely manner, of any failure by the
Corporation to provide financial information or operating data in accordance with Section 9.1 by the
time required by such Section. Any filing under this Section may be made solely by transmitting such
filing to the MAC as provided at http::/www.disc1osureusa,org, unless the SEC has withdrawn the
interpretive adv ice staled III its letter to the MAC dated September 7. 2004.
Section 9.3 Lll1litations, Disclamlers, and Amendments. (a) The Corporation shall be
obligated to observe and perform the covenants specified in this Article for so long as, but only for
so long as. the Corporation remains all "obligated person" with respect to the Series 2006 Bonds
within the meaning of tht, Rule. except that the Corporation in any event will give notice of any
deposit made in accordance with thiS Resolution or applicable law that causes Series 2006 Bonds no
longel to be Outstandlllg.
(h) The provlSJons of this Article are for the sole benefit of the holders and beneficial owners
of the Series 2006 Bonds. and nothing in this Article, express or implied, shall give any benefit or any
legal or equitable nght. remedy, or c lainl hereunder to any other person. The Corporation undertakes
to pwvide only the financal int()mlation, operating data, financial statements, and notices which it
has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any
other mtormation that may be relevant or material to a complete presentation of the Corporation's
finanCial results. condition or prospects or hereby undertake to update any information provided in
accordance with thiS AI1icle or otherwise, except as expressly provided herein. The Corporation does
not make any representation or wan'anty concerning such information or its usefulness to a decision
to invest III or sell Series 2006 Bonds at anv future date
(ll UNDER 1\0 ('IRCUMSTANCES SHALL THE CORPORATION BE LIABLE TO
THE HOLDER OR BENl,FICIAL OWNER OF ANY SERIES 2006 BOND OR ANY OTHER
PERSOK IN CONTRACT OR TORT. FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH B'{ THE CORPORATION. WHETHER NEGLIGENT OR WITHOUT
FAUL r ()N ITS PART, OF ANY (:OVLNANT SPECIFIED IN THJS ARTICLE, BUT EVERY
RIGH r i\ND REMEDY ()F ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACCOUNT Of ANY SUCH BREACH SHALL BE LJMITED TO AN ACTION FOR
MANDAMUS OR SPi-eIFIC PERFORMANCE
id) No default bv the Corporation m observing or performing its obligations under this Article
shall co mprise a breach of or default under this Resolution for purposes of any other provision ofthis
Resolution. Nothmg in thi~ Article is intended or shall act to disclaim, waive, or otherwise limit the
duties ufIhe Corporation under tederal and state securities laws
\ e) The provisions of this AJ1icle may be amended by the Corporation from time to time to
adapt to L'hanged circumstances that arise trom a change in legal requirements, a change in law, or
a change III the identity. nature, status, or type of operations of the Corporation, but only if(1) the
provisions of this Article. a.s so amended. would have pennitted an underwriter to purchase or sell
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Series 2006 Bonds Ul the primary ot1ering of the Series 2006 Bonds in compliance with the Rule,
taking into account any amendments or mterpretations of the Rule since such offering as well as such
changed circumstances and (2) either (A) the holders ofa majority in aggregate principal amount (or
any greater amount requITed by ~.llly other provision of this Resolution that authorizes such an
amendment) of the outstanding Series 2006 Bonds consent to such amendment or (B) a person that
is unaffiliated with the Corporation (such as nationally recognized bond counsel) determines that such
amendment will nol materially impair the interest of the holders and beneficial owners of the Series
2006 Bonds I f the ( orpnration so amends the proVisions of this Article, it shall include with any
amended financial mfonnation or ()peratmg data next provided in accordance with Section 9.1 an
explanation, III narratlve torm. of the reason for the amendment and of the impact of any change in
the type offinancia] intonnation or operatmg data so provided. The Corporation may also amend or
repeal the proviSIOns of this contmuing disclosure agreement if the SEe amends or repeals the
applicable pro\ ision 0 r th~~ Rule or a court of final jurisdiction enters judgment that such provisions
of the Rule dre lI1\alicL but only If and to the extent that the provisions of this sentence would not
prevent ,m underWriter &(>m lawfully purchasing or sellmg Series 2006 Bonds in the primary offering
of the Senes 2000 Bonds
ARTICLE X
APPROV At AND AFFIRMATION OF AGREEMENTS
rhe Board hereby approves issuance of the Series 2006 Bonds. The Board heretofore has
approved the Indenture and the Tri-Party Agreement, and does hereby affirm that the Indenture and
the Tn-Party Agreement each apply to the Series 2006 Bonds. The Board hereby represents that no
amendments or supplements have been made to either the Indenture or the Tri-Party Agreement since
the date of delivery of the Series 2004 Bonds. In connection with the issuance of the Series 2006
Bonds. the Board hereby approves the f()llowing: the Payillg Agent Agreement by and between the
Corporation and JPMorgan Chase Bank, National Association, in substantially the form attached
hereto as Exhibit (. and the Purchase Contract, in substantially the fonn attached hereto as Exhibit
D: and any and all \)ther documents and agreements reasonable and necessary to issue the Bonds
(collectively. the "Agreements"). The Board, by a majority vote of its members, at a meeting duly
held fm such purpose, hereby approves the form terms, and provisions of the Agreements and
authOrizes the executIon and delivery of the Agreements.
ARTICLE Xl
MISCELLANEOUS
Section I I. j: Further Proceedings. The President any Vice President, the Executive
Director. the Secretary. the Assistant Secretary and other appropriate officials of the Corporation are
hereby authorized and directed to do any and all things necessary and/or convenient to carry out the
mtent, purposes and terms ()fthis ResolutlOn, including the execution and delivery of the Agreements
and such certificates, documents or papers deemed necessary and advisable in connection with the
deliverv 0 f the Series 2006 Bonds.
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SectIOn 11:l.: Severability If any Section, paragraph, clause or provision of this Resolution
shall for any reason be he Id to be invalid or unenforceable, the invalidity or unenforceability of such
SectIOn, paragraph, \ lau~e or pwvislon shall not affect any of the remaining provisions of this
Resolution.
SectIOn 11..2: QQen Meeting. It IS hereby otlicially found and determined that the meeting
at which this Resolution was adopted was open to the public, and that public notice ofthe time, place
and purpose ofsaJd meetlllg was given. all as required by the Texas Open Meetings Act, Chapter 551,
T exa, (rovernment C'lde
:;'ectlOn I J A: Parties Interested. Nothing in this Resolution expressed or implied is intended
or shall be construed to cunfer upon, or to give to, any person or entity, other than the Corporation,
the Registrar. and the Owners of The Series 2006 Bonds, any right. remedy or claim under or by
reasol! ill this Resolution or any covenant, condition or stipulation hereof, and all covenants,
stipulations, promises and agreements m thiS Resolution shall be for the sole and exclusive benefit of
the Cllrporatlon, the Reghtrar. and the Owners of the Series 2006 Bonds.
Section 1 J .5: Repealer. All orders. resolutions and ordinances, or parts thereof, inconsistent
here\\ Itn are hereb" repealed to the extent of such Inconsistency.
~ectionlli: Eflective Date. nus Resolution shall become effective immediately upon
passage by thIS Corporation and signature of the President of the Corporation.
P .'\SSED AND APPROVED thiS 10th day of May. 2006.
By:
Name: Henry Garrett
Title: President
ATTtST
By:__ _ ____,_ ______ ._'.
Name Armando Chap~._,
Title: ~~ret-'!!)~_
(SEAL)
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LIST OF EXHIBITS
f XHlBn /\
F()RM OF BOND
CONTINUING DISCLOSURE INFORMATION
! XHIBI1 B
I XHIBIl C
IXHlBllf)
p\ YING AGENT AGREEMENT
BOND PURCHASE AGREEMENT
EXHIBIT A:
FORM OF BOND
United States of America
State of Texas
Registl'rL'd
Registered
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
lAX INCREMENT CONTRACT REVENUE BOND
SERIES 2006
INTEREST RATE \1A rURIT'r DATE
DELIVERY DATE:
CUSIP:
REGIS n' RED O\VNl R
PRINCIPAL AMOtiN r:
DOLLARS:
The NORTH P\DRE ISLAND DEVELOPMENT CORPORATION (the "Issuer"), a not-
tor-pro fit local government corporation created under authority of Chapter 431, Subchapter 0, Texas
Transportation Code (the" \ct") by t he ('it y of Corpus Christi, Texas (the "City"), for value received,
promises to pay, but~oJely trom certain Pledged Revenues as hereinafter provided, to the Registered
Owner Identified above or registered assigns, on the Maturity Date specified above, upon presentation
and surrender of this Bond :It the designated corporate trust office in Dallas, Texas (the "Designated
Trust ( >t1ice") of lPMorgan Chase Bank. National Association, as registrar (the "Registrar"), the
principal amount identified above, in any coin or currency of the United States of America which on
the date of payment of such principal is legal tender for the payment of debts due the United States
of America, and to pay, solely from such Pledged Revenues, interest thereon at the rate shown above,
calculated on the baSIS ofa 160-day year of twelve 30-day months, from the later of the Dated Date
(hereinafter defmed) of the Honds. or the most recent interest payment date to which interest has been
paid or duly proVided taL Interest on this Bond is payable by check on March 15 and September 15,
beginning on .__ __ 15.200., mailed to the Registered Owner as shown on the books of registration
kept by the Registrar as of t he last Business Day of the month next preceding each interest payment
date (the "Record Date"), or by such other method, acceptable to the Registrar, requested by and at
the risk and expense of the Registered Owner, If interest on this Bond is not paid on any interest
payment date specified abO\ e, and continues unpaid fe)! thirty (30) days thereafter, the Registrar shall
establish a new' Record Date for the payment of such mterest (a "Special Record Date"). Such
Special Record Date shall he estabhshed 111 accordance with the terms of the hereinafter defined
Resolut lon,
fHJS BOND IS ONE OF A nUL Y AUTHORIZED SERIES OF BONDS dated as of
- 2006 (the "Dated Date"). aggregating $2.900,000, issued for the purpose of (1) paying
Project Costs and (2) paymg Costs ofjssuance, all under and pursuant to the authority of the Act and
all other applicable laws, and a resolution adopted by the Issuer on May 30,2006 (the "Resolution").
None oithe proceeds of!he Bonds shall be used for the purpose of paying or otherwise providing
for educational facilities. All defined tenns not herein defmed shall have the meaning attributed
thereto in accordance with the tenns of the Resolution or the Indenture of Trust dated as of February
L 2003 hetween the Issuer and .lPMorgan Chase Bank. ~ational .'\ssociation (the successor to
IPMorgan Chase Bank), .IS trustee (the "Indenture of Trust")
THIS BOND AND THE SERIES OF WHICH IT IS A PART are limited obligations of the
Issuer that are payable from and arc equally and ratably secured. together with the currently
outstanding "Parity Bonds", as defined in the Indenture of Trust, by a first lien on the "Pledged
Revenues". as defmed and provided in the Indenture of Trust. which Pledged Revenues are required
to be sel aside and pledged to the payment of the Bonds and all additional bonds and parity
contractual oblIgations issued or entered into on a parity therewith, in the Debt Service Fund
maintamed for the payment of all such Bonds, all as more fully described and provided for in the
Resolution. ThIS Bond and the series of which it IS a part. together with the interest thereon, are
payable solelv from slIch Pledged Revenues
THE BONDS ma\ be redeemed only m prinCIpal amounts of $100,000 or any integral
multiple uf$5,000 in exce"" thereat: at the option of the Issuer. on September 15,200_, or on any
date thereafter. at the redemption price of par plus accrued interest to the date fixed for redemption,
plus a premium as set forth below. 10-\\'11
RedemptIon Dates \ dates inclusl~e)
Premium (%)
Ifless than all of the Bonds are to be redeemed by the Issuer, the Issuer shall determine the maturity
or maturities and the amounts therewith to be redeemed and shall direct the Registrar to call by lot
Bonds, or portions thereof within such maturity or maturities and in such principal amounts, 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 ofsuch maturity
and bearing such interest rate shall he selected in accordance with the arrangements between the
Issuer and the securIties depository: and provided, further, that no Bonds shall be redeemed in a
manner where the RegIstered Owner thereof shall own Bonds in a denomination of less than
of; 100.000
rH F BONDS are also subject to mandatory redemption in part by lot on September 15 in the
tollowing years and in the fiJllowing amounts. at a price equal to the principal amount thereof and
accrued and unpald Interest 10 the date of redemption, without premium:
_year_______
Principal Amount
Year
Principal Amount
* Final Maturity
THE BONDS to be redeemed in any year by mandatory sinking fund redemption shall be
selected by lot from the Bonds then subject to redemption; provided, that if any Bond is selected for
redemption in part it shall not be redeemed in an amount that would, upon exchange, result in a Bond
III a denomination less than $1 OO,()()O
1 HE PRlNCIP AL ,\MOUNT ()F BONDS required to be redeemed on each such redemption
date pursuant to the foregomg operation ofthe mandatory sinking fund redemption shall be reduced,
at the upllon of the Issuer. by the prinCipal amount of the Bonds which, at least 45 days prior to the
mandatory sinking llmd redemption date, ( 1) shall have been acquired by the Issuer and delivered to
the Registrar for cancellation or (2 ! shall have been acquired and canceled by the Registrar at the
directIon of the Issuer, in either case of (I) and (2) at a price not exceeding the par or principal
amoum of such Bonds, or (3) shall have been redeemed pursuant to the optional redemption
proviSions described above and not theretofore credited against a mandatory sinking fund redemption.
During any period ill which ownership of the Bonds is determined by a book entry at a securities
depOSitory for the Bonds, If fewer than all of the bonds of the same maturity and bearing the same
mterest rate are to be redeemed, the particular Bonds of such maturity to be redeemed shall be
selected 10 accordance WHh the arrangements between the Issuer and the securities depository;
provided. that if any Bond IS selected tt)r redemption in part it shall not be redeemed in an amount
that w()uld result, upon eXl:hange, in a Bond in a denomination less than $100,000.
L NLESS Vv AIVED BY THE OWNER, NOTICE OF ANY REDEMPTION shall be given
at least thirty (30) day'" pnor to the date fixed for redemption by United States mail, first class
postage prepaid, addressed to the Registered Owners of each Bond to be redeemed in whole or in
part at the address shown on the hooks of registration kept by the Registrar. When Bonds or
portions thereof have been called for redemption, and due provision has been made to redeem the
same, the principal amolli1ts so redeemed shall be payable solely from the funds provided for
redemption, and interest which would otherwise accrue on the amounts called for redemption shall
terminate on the date fixed for redemption
fHIS BOND IS TRANSFERABLE only upon presentation and surrender at the Designated
frust Oftice of the Registrar, duly ~ndorsed for transfer or accompanied by an assignment duly
executed by the Registered Owner or his authorized representative, subject to the terms and
conditions of the Resolutil)'l.
nfIS BOND IS EXCHANGEABLE at the Designated Trust Office of the Registrar for
Bonds m principal amounts only m Authorized Denominations, subject to the terms and conditions
of the Resolution
\JEI THER THE I SSUER NOR THE REGISTRAR shall be required to transfer or exchange
any Hand during the period beginning on the fifteenth calendar day of the month next preceding any
interest payment date and ending on the next succeeding interest payment date or to transfer any
Bond called for redemption durin~ the \0 day period prior to the redemption date.
HJRING ,\NY PLRIOD in which ownership ofthe Bonds is determined only byabookentry
at a securities depository tor the Bonds if fewer than all of the Bonds of the same maturity and
bearing the same lmerest rate are to be redeemed, the particular Bonds of such maturity and bearing
such mterest rate shall be selected in accordance with the arrangements between the Issuer and the
securities depository; provided, however. that no Bonds shall be redeemed in a manner where the
beneficial owner thereof shall own Bonds in any Authorized Denomination.
I HIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit
under the Resolution unless this Bond is either (i) registered by the Comptroller of Public Accounts
of the State of Texas by registration certIficate attached or affixed hereto or (ii) authenticated by the
Registrar by due execution of the authentication certificate endorsed hereon.
IHE ISSUER HAS RESERVED THE RIGHT to issue additional parity Tax Increment
Contract Revenue Bonds. subject to the restrictions contained in the Resolution, which may be
equally and ratably payable fron~ and secured by a first lien on and pledge of, the Pledged Revenues
in the same maJmer and tu the same extent as this Bond and the series of which it is a part.
I HE BON DS AN D AN Y OUTST ANDING TAX INCREMENT CONTRACT REVENUE
BONDS ARE A L1MlTED OBLIGATION OF THE CORPORATION, PAYABLE, TOGETHER
WITH THE CURRENTL Y OUTST ANDING PARITY BONDS, SOLELY OUT OF THE TRUST
ESTATL WHICH IS THE SOLE ASSET OF THE CORPORATION PLEDGED THEREFOR.
THE KONDS AND <\NY ()UTST ANDING TAX INCREMENT CONTRACT REVENUE BONDS
ARE OKLIGA nONS SOLELY OF THE CORPORATION AND DO NOT CONSTITUTE,
WITHIN THE MEANING OF ANY ST ATUTORY OR CONSTITUTIONAL PROVISION, AN
INDEBTEDNESS. AN OBLIGATION OR A LOAN OF CREDIT OF THE CITY, THE STATE
OF TEXAS. NLECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY
HOSPITAL DISTRICT, REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS
CHRISTI. TEXAS, OR ANY OTHER MUNICIPALITY, COUNTY, OR OTHER MUNICIPAL
OR POLITICAL CORPORATION OR SUBDIVISION OF THE STATE OF TEXAS. NEITHER
THE ('IIY. NUECES COUNTY. TEXAS, DEL MAR COLLEGE, NUECES COUNTY
HOSPITAL DISTRICT NOR REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS
CHRIS1! TEXAS ARE CmLlGA TED TO MAKE PAYMENTS ON THE BONDS AND ANY
OUTSTANDING TAX INCREMENT CONTRACT REVENUE BONDS.
SHOULD tACH PARTICIPANT TIMEL Y CONTRIBUTE ITS TAX INCREMENT TO
[HE L\X INCRFMEN r FUND.\ND THE CITY TRANSFERS ALL OF THE TAX
INCRLMENTS FROl\:l TilE TAX INCREMENT FUND TO THE ISSUER IN ACCORDANCE
WITH THE TERMSOFTHE TRI-PARTY AGREEMENT, AND SUCH TAX INCREMENTS TO
BE TRANSFERRED ARF NOT SUFFICIENT FOR THE PAYMENT OF THE PRINCIPAL OF
OR INTEREST ON THE BONDS ON THE DATE WHEN SUCH PRINCIPAL OR INTEREST
BECOMES DUE AND PAYABLE. AN EVENT OF DEF AUL T SHALL NOT BE DEEMED TO
HA VL OCCI RRFL) 1 NDER THE TFRMS OF THE INDENTURE OF TRUST.
IT IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and
validh Issued and delivered; that all acts, conditions, and things required or proper to be performed,
exist, and be done precedent to or in the Issuance and delivery of this Bond have been performed,
existed, and been done ill accordance with law; that the Bonds do not exceed any statutory limitation;
and that provision has been made jor the payment of the principal of and interest on this Bond and
all oflhe Bonds bv the crt'ation of the ajoresaid lien on and pledge of the Pledged Revenues.
1'\1 WIT\f.SS WHEREOF. the Issuer has caused this Bond to be executed by the manual or
facsinlllc signatures oj the President and the Secretary.
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
President. Board 0 f Directors
Secretary. Board of Directors
(SEAL)
~
FORM OF REGISTRATION CERTIFICATE
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
hereby certify that this Bond has been examined, certified as to validity, and approved by
the Attomey General of the State of Texas, and that this Bond has been registered by the Comptroller
of Public Account~ of the State of Texas
WITNESS MY SIGNATURE AND SEAL this
Comptroller of Public Accounts
of the State of Texas
(SEAl)
F0R11 OF REGISTRAR'S AUTHENTICATION CERTIFICATE
At THENTICA liON CERTIFICATE
It 1S hereby certified that this Bond has been delivered pursuant to the Resolution described
in the text of this Bond; and that this Bond is one of a series of Bonds approved by the Attorney
General of the State of Texas and registered by the Comptroller of Public Accounts ofthe State of
Texa"
JPMORGAN CHASE BANK NATIONAL ASSOCIATION,
;t,'; Registrar
13\
Authorized Signature
Dale of Authentication:
FORM OF ASSIGNMENT
<\SSIGNMENT
F.lr value recei\ed. the undersigned hereby sells, assigns, and transfers unto
(Please pnnt or type name. address. and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the wit hin Bond and all rights thereunder. and hereby irrevocably constitutes and appoints
attomev to transfer said Bond on the books kept for registration thereof, with full power of
substitution in the premlse~
DATED:
Signature Guaranteed:
Registered Owner
NOTICE Signature must he
guaranteed by an institutiOl, which
is a partiCIpant in the Secunties
Transfer Agent Medallion Program
("ST AMP") or similar program.
NOTICE: The signature above must correspond
to the name of the Registered Owner as shown
on the face of this Bond III every particular,
without any alteration, enlargement or change
whatsoever
Exhibit B
to
Resolution
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The t()llowmg mf(lrmation is referred to in SectIOn 9.1 of this Resolution.
Annual Financial Statements and Operating Data
The fInancial infonnation and operating data with respect to the Corporation to be provided
annually III accordance with such Section are as specifIed (and included in the Appendix or under the
headings of the Limited Offering Memorandum referred to) below:
1 The inf(mnatior: of the general type included in Tables 1 through 3 of the Limited Offering
Mem()randum.
:: "Financial Statements of the North Padre Island Development Corporation".
Accounting Principles
The accountmg pnnciples referred to in such Section are the accounting principles described
in the notes to the fInancial statements referred to in paragraph 2 above.
PA VING AGENT AGREEMENT
fHIS PAYING AGENT AGREEMENT entered into as ofJune 1,2006 (this "Agreement"),
by and hetween the North Padre Island Development Corporation (the "Issuer"), and IPMorgan
Chase Bank, National Association. a natIOnal banking association duly organized and existing under
the laws of the Umted States of Amenca (the "Bank").
RECI T ALS
WHEREAS. the I ssuer has duly authorized and provided for the issuance of its Tax Increment
Contract Revenue Bonds. Series 2006. in the aggregate principal amount of $2,900,000 (the
"Secuntles"). such Securit les to be Issued III fully registered form only as to the payment of principal
and interest thereon. and
WHEREAS the ssuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal of, premium, ifany, and interest on said Securities and
with respect to the regIstration. transfer and exchange thereofby the registered owners thereof; and
WHEREAS. the Bank has agreed to serve in such capacities for and on behalf of the Issuer
and has hIll power and authority to perfonn and serve as Paying Agent/Registrar for the Securities;
NOW. THEREFORE. it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PA YING AGENT AND REGISTRAR
Section 1.0). ,!\.Jmointmen!.
fhe Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities.
As Paymg Agent for the Securities. the Bank shall be responsible for paying on behalf of the Issuer
the principal, premium t if any), and mterest on the Securities as the same become due and payable
to the registered O\vners 1 hereof, all in accordance with this Agreement and the "Resolution"
(hereinafter defmed)
The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar
for the Securities. the Bank shall keep and maintain for and on behalf of the Issuer books and records
as to the ownership of said Securities and with respect to the transfer and exchange thereof as
provided herein and ill the Resolution
rhe Bank hereby accepts its appomtment. and agrees to serve as the Paying Agent and
Registrar ltlr the Securities.
Section 1.02. Compensation
\1., compensatIOn ror the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees
to pay the Bank the fees and amounts as may be agreed upon in writing. The initial fees and amounts
payable !()r the Bank'.., services a~ Paying Agent/Registrar are as set forth in Exhibit A attached
heret ( ,
In addit ion. the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses. disbursements and advances incurred or made by the Bank in accordance with any of the
proviSions hereof I mcluding the reasonable compensation and the expenses and disbursements of its
agents and counsel}
~RTICLE TWO
DEFINITIONS
Section 2.01. Definitions.
hn all purposes 0 t this Agreement, except as otherwise expressly provided or unless the
context otherwise requlfe~
"\ccelerat!(1n Dak" on any Security means the date on and after which the principal or any
or all lOstallments of interest, or both. are due and payable on any Security which has become
accelerated pursuant t(, the terms of the Security.
"f1ank Office" means the principal corporate trust office of the Bank as indicated on the
signature page hereof The Bank will notity the Issuer in writing of any change in location of the
Bank i lt1ice.
"(ode" means the Internal Revenue Code of 1986. as amended.
"F]scal Year' means the twelve (12) month period commencing on August! ofa calendar year
and ending July 3] olthe next succeeding calendar year, or such other consecutive twelve (12) month
period as deteT111ined bv th\~ Issuer
'Holder" and "Security Holder" each means the Person in whose name a Security is registered
III the Security Register
"Issuer Request' and "Issuer Order" means a written request or order signed in the name of
the Issuer by the Executive Director of the Issuer, the President or the Vice President ofthe Issuer,
anyone or more of said officials. or any other person designated by the Issuer, and delivered to the
Bank.
'1 egaJ Holiday" means a day on which the Bank ]1., required or authorized to be closed.
")
-L-
. Person" means any individual. corporation, partnership, joint venture, association, joint stock
company, trust, umncorporated organization or government or any agency or political subdivision
ofa l..'o\emment.
, Predecessor Sec urities" 0 r any particular Security means every previous Security evidencing
all or a portion of the same obligation as that evidenced by such particular Security (and, for the
purposes of this deti1l1tion. any mutilated, lost, destroyed, or stolen Security for which a replacement
Secunt: has been regIstered and delivered in lieu thereof pursuant to Section 4.06 hereof and the
Resolutl(m)
'Proceedings' means the ResolutIon and the Trust Indenture
Redemption Date' when used with respect to any Bond to be redeemed means the date fixed
for such redemption pursuant to the tenns of the Resolution.
"ResolutIon" means the resolution. order, or ordinance of the governing body of the Issuer
pursuant to which the Securities are Issued, certified by the Secretary or any other officer of the
Issuer and delivered to the Bank.
'Responsible Officer" when used with respect to the Bank means the officer(s) in the
corporate trust serVices department of the Bank having direct responsibility for administration of the
Secunties
"Security Register' means a register maintamed by the Bank on behalf ofthe Issuer providing
for the registratton and transfer of r he Securities.
.. Stated Mat unty" means the date specified in the Resolution the principal of a Security is
scheduled to be due and payable.
"Trust Indenture" means the Indenture of Trust by and between the Issuer and lPMorgan
Chase Bank, National ~ss()ciation I as successor to IPMorgan Chase Bank), as trustee, dated as of
Februarv L 2003.
Section 2.02. Other Definitions.
-" -.-..--
The tenm "Bank," Issuer," and "Securities (Security)" have the meanings assigned to them
III the recital paragraphs of this Agreemenl
The tenl1 "Paying Agent/Registrar" refers to the Bank in the performance of the duties and
functions of this Agreement.
-3-
ARTICLE THREE
PA VING AGENT
Section 3.01. Duties of Paying Agent.
\s Paymg i\gent. the Bank shall. provided adequate collected funds have been provided to
it tor such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each
Secunty at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender
of the Secunty 10 the Bank at the Bank Office.
\s Paying Agent, the Bank shall. provided adequate collected funds have been provided to
it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each
Seeunty when due. by computing the amount of interest to be paid each Holder and preparing and
sending checks by Umted States mail. first class postage prepaid, on each payment date, to the
Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the
address appeanng on the Security Register or by such other method, acceptable to the Bank,
requested III wnting 11\ the Holder It the Holder's risk and expense.
Section 3.02. ~ment Dates
The Issuer hereby lllstructs the Bank to pay the principal of and interest on the Securities on
the dates specified III the Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.0 I. Security Register - Transfers and Exchanges.
The Bank agrees tt I keep and maintain for and on behalf of the Issuer at the Bank Office
books and records (herein sometimes referred to as the "Security Register") for recording the names
and addresses of the Holders of the Securities, the transfer, exchange and replacement of the
Securities and the payment of the principal of and interest on the Securities to the Holders and
eontainmg such other information as may be reasonably required by the Issuer and subject to such
reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and
replacement of Securities shall be noted in the Security Register.
Every Seeun! y surrendered h)r transfer or exchange shall be duly endorsed or be accompanied
by a wntten instrument of transfer. the signature on which has been guaranteed by an officer of a
federal or state bank (ir a member of the National Association of Securities Dealers, in form
satisfactory to the Bank duiy executed by the Holder thereof or his agent duly authorized in writing.
fhe Bank may request any supporting documentation it feels necessary to effect a re-
registration. transfer or exchange of the Securities
-4-
T () the extent possible and under reasonable circumstances, the Bank agrees that, in relation
to an exchange or transfet of Securities, the exchange or transfer by the Holders thereof will be
completed and new Securities delivered to the Holder or the assignee of the Holder in not more than
three (.~) business days after the receipt of the Securities to be cancelled in an exchange or transfer
and the wntten instrument of transfer or request tor exchange duly executed by the Holder, or his
duly authorIZed agent m f{ Iml and manner satisfactory to the Paying Agent/Registrar.
fhe Bank may utilIZe the senices of an agent, to act on behalf of the Bank, m the
performance of the sen Ice~ ofregistrar under the terms of this Agreement.
Section 4.02. Certificates.
fhe Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or
exchange~ thereof The Bank covenants that the inventory of printed Securities will be kept in
safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such
Securities ill safekeeping, which shall be not less than the care maintained by the Bank for debt
securitIes of other politIcal subdivisions or corporations for which it serves as registrar, or that is
maintamed for its own securities
Section 4.03. Form of Security Reeister.
fhe Bank, as Registrar. wiH mamtain the Security Register relating to the registration,
payment, transfer and exchange of the Securities in accordance with the Bank's general practices and
procedures m effect lrom time to time. The Bank shall not be obligated to maintain such Security
Register in any form other! han those which the Bank has currently available and currently utilizes
at the 1 !lne
fhe Security Register may be maintained in written form or in any other form capable ofbeing
converted mto written fi}rm within a reasonable time.
Section 4.04. List of Security Holders.
rhe Bank WIll proVIde the Issuer at any time requested by the Issuer, upon payment of the
required tee, a copy of the information contained in the Security Register. The Issuer may also
mspect the information contained in the Security Register at any time the Bank is customarily open
for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or
to convert the infimnation into written form.
rhe Bank will nOl release or dIsclose the contents ofthe Security Register to any person other
than to. or at the written request of. an authorized officer or employee of the Issuer, except upon
receipt ofa court order or as otherwise required by law. Upon receipt ofa court order and prior to
the release or disclosure of t he contents of the Security Register, the Bank will notifY the Issuer so
that the Issuer may comest the court order or such release or disclosure of the contents of the
Security Register.
-5-
Section 4.05. Return of Cancelled Certificates.
With respect to all Securities paid or redeemed in accordance with the Resolution, and such
Secunties shall be cancelled and thereafter treated in accordance with the Bank's document retention
poliCies
Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities.
rhe Jssuer hereby lllstructs the Bank, subject to the applicable provisions of the Proceedings,
to dehver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securi-
ties as long as the same does not result in an over-issuance.
J n case any Securit y shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion,
may execute and deliver a replacement Security oflike form and tenor, and in the same denomination
and bearmg a number not contemporaneously outstanding, in exchange and substitution for such
mutilated Security. or III heu of and in substitution for such destroyed lost or stolen Security, only
after i I) the filing bv the Holder thereof with the Bank of evidence satisfactory to the Bank of the
destructIon, loss or theft of such Security. and of the authenticity of the ownership thereof and (ii)
the funllShing to the Bank of indemnification in an amount satisfactory to save and hold the Issuer
and the Hank hannles..,. \11 expenses and charges associated with such indemnity and with the
preparation, execution ane! deliver: of a replacement Security shall be borne by the Holder of the
Secumy mutilated. or destroyed. lo..,t or stolen.
Section 4.07. Transaction Information to Issuer.
The Bank ~ ilL wit hin a reasonable time after receipt of written request from the Issuer,
furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it
has deiivered upon the transfer or exchange ofany Securities pursuant to Section 4.0 1, and Securities
It has dehvered in exchange for or in lieu l) f mutilated. destroyed. lost. or stolen Securities pursuant
to Sect 1011 4.06
"RTICLE FIVE
THE BANK
Section 5.0]. Duties of Bank.
fhe Bank undertakes to perhlrm the duties set forth herein and agrees to use reasonable care
III the perlormancc thereof
Section 5.02. Reliance on Documents, Etc.
! a i The Bank may conclusively rely, as to the truth of the statements and correctness of
the opinions expressed therein, on certificales or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer. unless it shall be proved that the Bank was negligent in ascertaining the pertinent
facts.
-6-
(~i No prm lsions of this Agreement shall require the Bank to expend or risk its own funds
or otherwIse mcur dny financial liability for perfonnance of any of its duties hereunder, or irl the
exercise of any of its rights or powers. if it shall have reasonable grounds for believirlg that repayment
of such funds or adequate mdemnity satisfactory to It agairlst such risks or liability is not assured to
It.
(di The Bank may rely and shall be protected irl actirlg or reframmg from acting upon any
resolutIon. certiticate. ~tatcment. instnnnent, opirlion, report, notice, request, direction, consent,
order. bond, note. security. or other paper or document believed by it to be genuine and to have been
signed or presented by the proper party or parties. Without limitirlg the generality of the foregoirlg
statement, the Bank need not examine the 0 wnership 0 f any Securities, but is protected irl acting upon
receipt of Securities .:ontaining an endorsement or instruction of transfer or power of transfer which
appears on its face to he ~Igned by the Holder or an agent of the Holder. The Bank shall not be
bound to make any Investigation into the facts or matters stated irl a resolution, certificate, statement,
mstrument. opinion. report notice, request. direction. consent, order. bond, note, security, or other
paper or document supplied by Issuer.
lei The Bank may consult wIth counsel, and the written advice ofsuch counselor any opinion
of counsel shall be full and complete authonzation and protection with respect to any action taken,
suffered. : lr omitted by [t hereunder in good faith and in reliance thereon.
1'1 rhe Bank may l'X.erClse any of the powers hereunder and perform any duties hereunder
either directly or by or through agents or attorneys of the Bank
Section 5.03. Recitals of Issuer
rhe recitals contairled hereirl with respect to the Issuer and in the Securities shall be taken as
the statements of the Issuer. and the Bank assumes no responsibility for their correctness.
rhe Bank shall U1 no event be liable to the Issuer. any Holder or Holders of any Security, or
any other Person for dny amount due on any Security from its own funds.
Section 5.04. May Hold Securities.
rhe Bank. in Its commercial banking or any other capacity, may become the owner or pledgee
of Securities and may otherwise deal with the Issuer with the same rights it would have ifit were not
the PaYll1g AgenVRegistrar. or any other agent.
Section 5.05. Moneys Held by Bank.
\loney held by the Hank hereunder need not be segregated from any other funds provided
approprIate trust accounts are maintairled 111 the name and for the benefit of the Issuer.
rhe Bank shall be under no liability for irlterest on any money received by it hereunder.
Subject to the Unclamled Property Law of the State of Texas, any money deposited with the
Bank for the payment of the prirlcipal, premium (if any), or irlterest on Security and remaining
unclaimed for two and one-half years after [he final maturity of the Security has become due and
-7-
payable will be paid hy the Bank to the Issuer if the Issuer so elects in writing, and the Holder of such
Secunt: shall hereafter look only to the Issuer for payment thereof, and all liability of the Bank with
respect to such moneys shall thereupon cease. If the Issuer does not elect, the Bank is directed to
report and dIspose oft he funds in compliance with Title Six ofthe Texas Property Code, as amended.
Section 5.06. Indemnification
J 0 the extent permitted by law. the Issuer agrees to indemnifY the Bank for, and hold it
harmless agamst. any lOSS. liability. or expense incurred without negligence or bad faith on its part,
arising out ofar in connection with Its acceptance or administration of its duties hereunder, including
the cost and expense against any claim or liability in connection with the exercise or performance of
any 0 i its powers or dutie, under this !\greement
Section 5.()7. Interpleader:.
The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim,
demand. or contrO\ersy lver its person as well as funds on deposit. in either a Federal or State
District ('oun located in t he State of Texas. and agree that service of process by certified or regis-
tered malL return receipt requested. to the address referred to in Section 6.03 of this Agreement shall
constItute adequate service. The Issuer and the Bank further agree that the Bank has the right to file
a Bill of Interpleader in any court of competent jurisdiction within the State of Texas to determine
the rights of any Person claiming any interest herein.
Section 5.08. Depository Trust Companv Services.
I t IS hereby represented and \varranted that. in the event the Securities are otherwise qualified
and accepted for The Depository Trust ('ompany ("DTC") services or equivalent depository trust
services oy other orgamzatlons. the Bank has the capability and, to the extent within its control, will
complv with DTC\ Operational Arrangements. which establish reqUirements for securities to be
eligible tor such type depository trust services, including. but not limited to, requirements for the
timeliness of payments and funds availability. transfer turnaround time, and notification of
redemptIons and calls
~RTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. A.mendment
hereto
ThiS Agreement ma v be amended only by an agreement in writing signed by both ofthe parties
Section 6.02. Assienment.
other.
This Agreement may not be assigned by either party without the prior written consent ofthe
-8-
Section 6.03. Notices.
~ny request, demand, authorizatIon, direction, notice, consent, waiver, or other document
provIded or pennitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or
delivered to the Issuer or 'he Bank, respectively, at the addresses shown on the signature page of this
Agreement. All such not Ices shall be effective only upon receipt.
Section 6.04. Effect of Headings
l'he Article and Section headings herein are fClr convenience only and shall not affect the
construction hereof
Section 6.05. Successors and Assigns.
\11 covenants and agreements herein by the Issuer shall bind its successors and assigns,
whether so expressed or not.
Section 6.06. Severabilit).
I n case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaming provisions shall not in any way be affected or impaired thereby.
Section 6.07. Benefits of Agreement.
Nothing herein. express or implied, shall give to any Person, other than the parties hereto and
their successors hereunder. any benefit or any legal or equitable right. remedy, or claim hereunder.
Section 6.08. Entire Agreement
This Agreement and the Proceedings constitute the entire agreement between the parties
hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between his
Agreement and the Proceedings, the Proceedings shall govern.
Section 6.09. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and all of which shall constitute one and the same Agreement.
Section 6.10. Termination
fJllS Agreement will ternllnale (i) on the date affinal payment of the principal of and interest
on the SecuritIes to the Holders thereof or (ii) may be earlier temlinated by either party upon sixty
(60) days written notice; provided, however, an early tennination ofthis Agreement by either party
shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer
and such appointment accepted and tb) notice has been given to the Holders of the Securities of the
-9-
appomtment at a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually
agree that the effective date of an early tennination of this Agreement shall not occur at any time
which would dismpt. delay or otherwise adversely affect the payment of the Securities.
I r pon an early tennmation 0 fthis Agreement, the Bank agrees to promptly transfer and deliver
the Security Register (or .1 copy thereon, together with other pertinent books and records relating
to the Securities. to the successor Paying Agent/Registrar designated and appointed by the Issuer.
] he provisions of ~ection 1.02 and Article Five of this Agreement shall survive and remain
in full force and effect following the ternunation of this Agreement.
Section 6.11. Reportin2 Requirements.
10 the extent reqUired by the Code or the Treasury Regulations, the Bank shall report the
amount of interest paid or the amount treated as interest accrued on the Securities which is required
to be reported by the Holders on their returns of federal income tax, or assure that such a report is
made. to the Holders and The Internal Revenue Service
Section 6.12. Governing Law.
This Agreemem shall be constmed in accordance with and governed by the laws of the State
of Texas
IEXECUTlON PAGE FOLLOWS)
-10.
IN WITNESS WHF REOF. the parties hereto have executed this Agreement as of the day and
vear first dbove WrItten
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Bv
TItle
Address:
600 Travis Street. Suite 1150
Houston, Texas 77002
Attention: Worldwide Securities Services
[BANK SEAL]
NORTH PADRE ISLAND DEVELOPMENT
CORPORA nON
Corpus Christl. Texas
B)
Title:
Address:
Executive Director
] 20 I Leopard
Corpus Christi, Texas 78401
1\ttest:
Secretary
[ISSUER SEAL]
-] ] -
S( 'HEDU LE A
Paying AgenURegistrar Fee Schedule
PA YIN( i AGENTlRFGISTRAR SERVICES
Fees tor paymg agent~ef\ Ices are incorporated as part of the fees charged for trustee services.
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
(A not-for-profit local government corporation
acting on behalf of the City of Corpus Christi. Texas)
lAX INCREMENT CONTRACT REVENUE BONDS
SERIES 2006
BOND PURCHASE AGREEMENT
June 21, 2006
Board of Directors
'Jorth Padre Island Development Corporation
1201 Leopard
('orpus Chnsti, Texas 7840 I
Ladies and Gentlemen
The underSIgned, M E. Allison & Co., Inc. (the "Underwriter"), offers to enter into the
ti:)llowing agreement with North Padre Island Development Corporation (the "Issuer") which,
upon the Issuer's written acceptance of this offer, as evidenced by the execution of this Bond
Purchase Agreement by the undersigned. as the duly authorized representative of the Issuer (the
"'Issuer Rcpresentati1c"). will be binding upon the Issuer and upon the Underwriter. Capitalized
terms used herem and not otherwise defined in this Bond Purchase Agreement shall have the
respective meanmgs given to such terms in the Limited Offering Memorandum (as defined
herein).
1. Background and Purpose. The Issuer is issuing ItS Tax Increment Contract
Revenue Bonds. Series 2006, in the aggregate principal amount of $2,900,000 (the "Bonds"),
pursuant to a resolution adopted May 30, 2006 (the "Bond Resolution") of the board of directors
(the "Governing Body") of the Issuer for the purpose of providing funds to pay Project Costs.
Bond proceeds will also be u...ed to pay issuance costs associated with the Bonds.
2. Purcha!tie and Sale of the Bonds. Subject to the terms and conditions and in
rehance upon the representations. warranties and agreements set forth herein, the Underwriter
agrees to purchase from the Issuer. and the Issuer agrees to sell and deliver to the Underwriter at
Closing (as hereinafter defined), alL but not less than all, of the Bonds. Inasmuch as this
purchase and sale represents a negotiated transaction, the Issuer understands, and hereby
confirms, that the Underwriter is not acting as a fiduciary of the Issuer, but rather is acting
solely in its individual capacity as an Underwriter for its own account.
The purchase price f()r the Bonds shall be 95.29103% of the par amount of the Bonds (or
S2.763,500).
~" ';~713.3
rhe Bonds shall be issued pursuant to and in accordance with the provisions of the Bond
Resolution and an Indenture of Trust, dated as of February I, 2003 (the "Indenture"), by and
between the Issuer and lPMorgan Chase Bank, National Association, as successor to lPMorgan
Chase Bank, as trustee (the "Trustee")
J. Limited Offering. The Underwnter agrees to make a limited offering of all of the
Bonds at prices not to exceed the offering price set forth on Exhibit A and may subsequently
change "uch offenng pnce" (or yields) WIthout any requirement of prior notice to the Issuer. The
Undernriter may offer and sell Bonds to certain dealers (including dealers depositing Bonds into
Illvestment trusts) and others at prices lower than the offering price stated on Exhibit A (or at
yields hIgher than "uch Illitial publIC offering yields). The Preliminary Limited Offering
V1emorandum descrIbes various risk factors that eXIst in connection with the sale of the Bonds,
and consistent WIth ltS dutIes under federal secunties law the Underwriter has taken those risk
Ji!ctors 111to account III 111ak mg a limited offering of the Bonds.
4. Offering Documents.
(a) Preliminmy Limited Offenng Memorandum. The Issuer previously has delivered
copies of the Preliminary Limited Offering Memorandum to the Underwriter for its use in
determining interest in the Bonds. The Issuer ratifies and approves the Preliminary Limited
()tfering Memorandum and its use by the Underwriter for that purpose before the Preliminary
limited Offering Memorandum described below becomes available. The Issuer confirms that it
has not prepared any (lfficial statement tor dissemination to potential customers prior to the
availability of such Preliminary Limited Offering Memorandum, except the Preliminary Limited
Otfering Memorandum The Preliminary Limited Offering Memorandum was deemed final by
the Issuer as of its date lor purposes of Rule 15c2-12 of the United States Securities and
Fxchangc CommISSIOn (thl' "Rule '), except possibly tCH the omission of items specified by
paragraph (b)(1 ) of the Rule
(h) Delivery of Preliminary LImited Offering Memorandum. Not more than seven
business days after the time the Issuer accepts this offer, the Issuer will deliver copies of a final
Preliminary Limited Offenng Memorandum related to the Bonds, approved by the Governing
Body or one or more duly authonzed officers thereof~ to the Underwriter in sufficient number to
permit the !inderwriter 10 comply \\ith the requirements of the Rule. Such Preliminary Limited
Otfering Memorandum WI I be dated a date on or near its delivery, when delivered to the
nderwnter will be complete within the meaning of the Rule, and will be substantially in the
i()ffn of the most recent markup of the Preliminary Limited Offering Memorandum provided to
the Underwriter before the execution hereof. Such Preliminary Limited Offering Memorandum,
meluding the cover page I hereto, all exhibits, appendices, maps. charts, pictures, diagrams,
(Cports, and statements included or incorporated therein or attached thereto, and all amendments
md supplements therete that may he authorized for use with respect to the Bonds, is herein
derred ti> U'i the "Prc/iminw1' Limited Offering Memorandum".
(C) Amendments and Supplements to Preliminary Limited Offering Memorandum.
From the date of this Bond Purchase Agreement to the 30th day (or such other day, not later than
the 90th day, that may be specified by the Underwriter at the Closing referred to herein)
tollowing the date of such Closing, the rssuer will notifY the Underwriter whenever, in the
,,'i7X733 j
.,
ludgment of the Issuer, the Preliminary Limited Offering Memorandum should be amended or
supplemented in order for the Official Statement not to contain any untrue statement of a
material fact and not h) omit to state any material fact necessary to make the statements in the
Preliminary Limited Offering Memorandum, in light of the circumstances in which they are
made, not misleadmg, The Issuer will amend or supplement the Preliminary Limited Offering
Memorandum at the expense of the Issuer and in a manner satisfactory to the Underwriter, when
In the reasonable judgment of the Issuer or the Underwriter such amendment or supplementation
is reqUIred
(d) Use of Preliminarv LImIted Offerin2 Memorandum. The Underwriter, all
members of any selling group whIch may be formed in connection with the distribution of the
Bonds, and all dealers to whom any of the Bonds may be sold by the Underwriter or by members
,)f any selling group may use the Preliminary Limited Offering Memorandum and the
mformatlon contained therein. including any amendments or supplements thereto, in connection
WIth the otfering and sale of the Bonds
(e) Continumg Disclosure. fhe Issuer will agree in the Bond Resolution to provide
or cause to be provided certain periodic information and notices of material events in accordance
WIth the Rule. as described in the Preliminary Limited Offering Memorandum under
"CONTJNU INO DISCLOSURE OF IN FORMA TION," The Underwriter acknowledges receipt
of a draft of the Bond Resolution in whIch there is contained the agreement described under such
heading. and the Issuer acknowledges that except as disclosed in the Limited Offering
Memorandum It has substantially compl1ed with its prior contractual agreements to provide
continuing disclosure, The Underwriter's obligation to accept and pay for the Bonds is
conditioned upon delivery to the Underwriter or its agent of a certified copy of the Bond
Resolution containing the provisions described under such heading,
(fi Substantive Requirements for Preliminary Limited Offering Memorandum. To
the best knowledge and belief of the Issuer, the Preliminary Limited Offering Memorandum
contains mtormatlOn. including financial mformation or operating data, concerning every entity,
enterprise, fund. accoun1. or person that is material to an evaluation of the offering of the Bonds.
5 Repre,\'entation"i, Warranties, and Covenants of the Issuer. The Issuer hereby
represents and warrants to and covenants with the Underwriter that:
(a I Due Organization. fhe Jssuer is a not-for-profit local government corporation
riding on behalf of the City of Corpus Christi, Texas (the "City"), duly created, organized, and
existing under the ConstitutIOn and laws of the State of Texas. and is authorized and empowered
hv the proVISIons of the Texas Constitution. the laws of the State of Texas, and the ordinances of
the City to Issue the Bonds for the purposes of providing funds for the purposes specified in
'-:ection 1 hereof
(b i Due Authorization. By all necessary official action of the Issuer prior to or
.:oncurrently with the acceptance hereot the Issuer has duly authorized all necessary action to be
taken by It for (i) the adoption ofthe Bond Resolution, the Indenture and the issuance and sale of
the Bonds. (ii) the approval. execution and delivery of, and the performance by the Issuer of the
obligations on its part, contained in the Bonds. the Bond Resolution, the Indenture, this Bond
4';"78733.J
~
Purchase Agreement and the Tri-Party Agreement, (iii) the consummation by it of all other
transactIOns contemplated by the Limited Offering Memorandum, the Bond Resolution, the
Indenture. this Bond Purchase Agreement, and the Tri-Party Agreement, and any and all such
uther agreements and documents as may be required to be executed, delivered and/or received by
the Issuer in order to (arry out give effect to, and consummate the transactions contemplated
herein and III the Lllnited Offering Memorandum.
,C) Lt:gaL Valid, and Binding ObligatIOns. The Bond Resolution has been duly
adopted by the Governing Body of the Issuer. and the Bonds, when issued, delivered and paid
tor, in accordance \vlth the Bond Resolution and this Bond Purchase Agreement, will constitute
legaL valid and binding hmited obligation of the Issuer secured solely by a valid lien on the
Pledged Revenues and entitled to the benefIts of the Bond Resolution; and when delivered to and
paid for bv the Underwmer at the Closmg the Bonds will have been duly approved by the
~ttorne: General of Texas, registered by the Comptroller of Public Accounts of the State of
r exas, and duly executed and delivered by the Issuer and will constitute legal, valid, and binding
lImited obligatIons of the Issuer enforceable against the Issuer in accordance with their terms,
subject to bankruptcy laws and similar laws affecting the rights of creditors of political
subdiviSions generally. and may be lImited by general principles of equity which permit the
exercise (>t i udicial discreti, JIl.
(d) Tn-Part) Agreement and Indenture. The Tri-Party Agreement and the Indenture
constitute the legaL valid, and binding obligations of the Issuer enforceable against the Issuer in
accordance with their respective tenns, subject to bankruptcy laws and similar laws affecting the
rIghts of creditors of political subdivisions generally, and may be limited by general principles of
equity which permit the exercise of judiCial discretion. Neither the Tri-Party nor the Indenture
have been amended as ufthe date o1this Bond Purchase Agreement
(C I Default. fo the best knowledge of the Issuer. it is not in any material respect in
breach (of or default under any applicable constitutional provision, law or administrative
regulation of the City. the State or the United States or any applicable judgment or decree or any
loan agreement indenture, bond. note. resolution. agreement or other instrument to which the
Issuer is a party or to which the Issuer IS otherwise subject, and no event has occurred and is
continuing \vhich constitutes or with the passage of time or the giving of notice, or both, would
-.;onstitute a default or event of default by the Issuer under any such instrument.
(1) Necessary Approvals. Except for approval of the Bonds by the Attorney General
"f Texas and registration of the Bonds hy the Comptroller of Public Accounts of the State of
fexas. all approvals. permIts, consents. hcenses and authorizations of, registrations or filings
WIth, and notices to any government authority which are required for the Issuers's due execution,
delIvery, and performance of Its obligations under the Bonds, the Bond Resolution, the
[ndenture.. and this Bond Purchase Agreement have been made or obtained.
(gl No litIgatIOn No action. suit, proceeding, inquiry, or investigation, at law or in
equity, before or by any court or public board of body in which the Issuer has been served or of
which it has otherwise received official notice is pending against or to the knowledge of the
Issuer, is threatened against the Jssuer (nor to the knowledge of the Issuer is there any basis
therefor) wherein an unfavorable decision, ruling, or finding would impose a material financial
~<-'cn33,
4
liability on the Issuer or In any way adversely affect (i) the creation, organization, existence, or
material authority of the Issuer nr the title of its officers to their respective offices, (ii) the
collectIOn of Contract Tax Increments or other revenues of the Issuer to any material extent, (iii)
the transactions contemplated bv this Bond Purchase Agreement or the Limited Offering
Memorandum. Ii\') the, alidity or enforceability of the Bonds, the Bond Resolution, the
Indenture. this Bond Purchase Agreement or the Tri-Party Agreement, or (v) the excludability of
the intere~t on the Bonds from the gross Income of the owners thereof
(hI Accuracy of Official Statement. The Bonds, the Tri-Party Agreement and the
Indenture conform to the descriptions thereof contained in the Limited Offering Memorandum
and the proceeds of the sale of the Bonds will be applied generally as described in the Limited
Offering Memorandum under the captlOn "SOURCES AND USES OF BOND PROCEEDS."
The infonnation con tamed in the Limited Offering Memorandum with respect to the Bonds, the
fssuer, the Zone. the Project, development within the Zone, land use within the Zone, and the
Issuer's other atlairs is true and corred in all material respects and, as of the date of the Limited
OtTering Memorandum, the Limited Offering Memorandum, with respect to such information,
did not, and as of the date of the Closing 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
made thereIn with respect '0 the Bonds, the Issuer, the Zone, the Project, development within the
Zone, land use within the Zone. and the Issuer's affairs, In the light of the circumstances under
which they were made, nl)t misleading. With respect to information in the Limited Offering
Memorandum. other than the information relating to the Bonds, the Issuer and the Issuer's
affairs, the Issuer has no reason to helieve that such information contains any untrue statement of
a material tact or omits to state a material fact required to be stated therein or necessary to make
the statements made therein, in light of the circumstances under which they were made, not
mIsleadIng
( I) No Material Adverse Change. Prior to the Closing, there will be no adverse
change of a material nature in the financial position, results of operations or condition, financial
\ II' otherwise, of the Issuer. The Issuer is not a party to any litigation or other proceeding pending
\)L to its knowledge, threatened which, if decided adversely to the Issuer, would have a
m ateri all y adverse effect on the finanCIal condition of the Issuer. Between the date of this Bond
Purchase Agreement and the Closing, the Issuer will not, without the prior written consent of the
t !nderwriter, issue any bond or note or incur any other obligation for borrowed money which is
or may be payable from, or does or may constitute a charge on, the Pledged Revenues, and from
the respectIve dates as of which information is given in the Limited Offering Memorandum to
the Closmg the Issuer has not incurred and will not incur any material liabilities.
(J) Officers' Certificates. Any certificate signed by any official of the Issuer
duthorized to do so m connection with the transactions contemplated by this Bond Purchase
'\greement shall be deemed a representation and warranty by the Issuer to the Underwriter as to
the statements made therein
(k) Issuer Representative. The Issuer Representative is authorized to act on behalf of
the Issuer, for the purpose of selling the Bonds to the Underwriter, fixing the terms of the Bonds
as set forth in Exhibit A and taking the other actions provided for herein and in the Bond
Resolution, and such actions by the Issuer Representative shall be deemed to be actions by the
.f,nS7333
5
Issuer. fhe President and any Vice President of the Governing Body or the Executive Director
,)f the Issuer each has been duly authorized to act on behalf of the Issuer, as the Issuer
Representative. for the purpose of taking the actions provided for herein.
B) delivenng an executed copy of the Limited Offering Memorandum to the
Underwriter, the Issuer shall be deemed to have reaffirmed, with respect to such Limited
Offering Memorandum, the representations, warranties and covenants set forth above. The
Issuer covenants that bet\\ een the date hereof and the Closing, it will take no actions that will
,:ause the representations and wan-anties made in this Section to be untrue as of the Closing.
fl. Closing.
l a) fhe Issuer will deliver the Bonds to the Underwriter, and the Underwriter will pay
tor the Bonds, at 9:00 a.m. central time. on July 26, 2006 (the "Closing Date"), or at such other
time and date as shall have been mutually agreed upon by the Issuer and the Underwriter. Such
actions are herein refen-ed to as the "Closing." The Closing will occur at the offices of McCall,
Parkhurst & Horton L.L.P.. Dallas, Texas, or at such other location as may be agreed to by both
the Issuer and the Underwriter. and the Bonds will be delivered through The Depository Trust
( 'ompam.
(b) At the Closing, the Issuer will, subject to the terms and conditions hereof: deliver
one dul)> executed mitial Bond for each maturity of the Bonds (the "Initial Bonds") in either
tvped or pnnted for. payable to Cede & Co., and bearing a registration certificate manually
SIgned bv an authorized representative of the Comptroller of Public Accounts of the State of
Texas, together WIth the other documents hereinafter described. The Issuer will cause the Paying
Agent/RegIstrar to exchange the Initial Bonds at Closing for definitive Bonds, duly authenticated
by the Paymg Agent Regislrar and heanng CUSIP numbers, immediately upon payment for and
surrender t()r exchange of -;uch Initial Bonds by the Underwriter. through the book-entry only
wstem ofthe Depositorv Trust Compam
(Ll The U ndern riter will pay the purchase price for the Bonds by wire transfer of
immediately available funds to the Paying Agent/Registrar to the account of the Issuer.
(d) Time IS of the essence m the performance of this Bond Purchase Agreement.
r euder of the Initial Bonds and definitive Bonds at the time and place specified in this Bond
Purchase Agreement IS J condition to the Underwriter's obligations hereunder. If the Issuer is
unable to perform its obligations hereunder at such time and place, the Underwriter may, at its
l)ption. eIther extend the time or change the place of performance or terminate its obligations
hereunder
7 Closing Condition,\. The Underwriter has entered into this Bond Purchase
'\greement In reliance upon the representations. warranties and agreements of the Issuer
;.:ontained herein. and in reliance upon the representations, warranties and agreements to be
,.:ontained in the documents and instruments to be delivered at the Closing and upon the
performance by the Issuer of its obligations hereunder, both as of the date hereof and as of the
date of the Closing. Accordingly. the Underwriter's obligations under this Bond Purchase
.'\greement to purchase. to a~cept delivery of and to pay for the Bonds shall be conditioned upon
""S733 3
6
the pertormance by the Issuer of its obligations to be performed hereunder and under such
documents and instruments at or prior to the Closing, and shall also be subject to the following
additional conditions including the delivery by the Issuer of such documents as are enumerated
herein, m form and substance reasonably satisfactory to the Underwriter and counsel to the
nderwriter:
a) The representations and warranties of the Issuer contained herein shall be true,
complete and correct in all material respects on the date hereof and on and as of the date of the
Closing. as ifmade nn the date of the Closing.
i b) fhe Issuer shall have performed and complied with all agreements and conditions
required bv this Bond Purchase At-,J"feement to be performed or complied with by it prior to or at
the Closmg
IC) At the time of the Closmg, (i) the Bond Resolution. the Indenture, the Bonds, the
Iri-Party Agreement and the Interlocal Agreements shall be in full force and effect and shall not
have been amended. moditied or supplemented, and the Limited Offering Memorandum shall not
have been supplemented or amended, except in any such case as may have been agreed to by the
I inderwnter, (ii) the net proceeds of the sale of the Bonds and any funds to be provided by the
Issuer shall be deposited and applied as described in the Limited Offering Memorandum and in
the Bond Resolution and (lli) all actions of the Issuer required to be taken by the Issuer shall be
performed 1 n order fi)r Bond Counsel to deliver its opinions referred to hereafter.
(d) At or prior to the Closing, the Bond Resolution shall have been duly executed and
delivered by the Issuer and the Issuer shall have duly executed and delivered and the Paying
i\gent/Reglstrar shalJ have duly authenticated the definitive Bonds.
(e) At the time (If the Closing. the Issuer shall deliver the Bonds to the Underwriter.
( fl At the tJ me of the Closmg, there shall not have occurred any change or any
development involving a prospective change in the condition, financial or otherwise, or in the
revenues or operations of the Issuer. from that set forth in the Limited Offering Memorandum
that in the reasonable judgment of the Underwriter, is material and adverse and that makes it, in
the reasonable Judgment of the Underwriter, impracticable to market the Bonds on the terms and
n the manner contemplated in the Limited Offering Memorandum.
(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 contemplated by this Bond Purchase
c\greement shall be reasonably satisfactory in legal form and effect to the Underwriter and to
,:ounsel t()r the llnderwnter
(h) At (}f prior to the Closing. the Underwriter shall have received copies of each of
the following documents.
( I ) The LImited Offering Memorandum, and each supplement or amendment
thereto as may have been agreed to by the Underwriter, if any, executed on behalf of the Issuer
by the manual or facsimile signature of an Issuer Representative;
4 i~7R733 3
7
(2) The Bond Resolution, having been duly adopted by the Issuer and being in
full force and effect. \\ith such supplements or amendments as may have been agreed to by the
Underwriter:
(3) ('oples of the Indenture certitied to be in full force and effect;
(41 ('oples of the ord1l1ances creating and setting the current boundaries of
Reinvestment Zone \lumher Two. Cit) of Corpus Christi. Texas ("Reinvestment Zone Two"),
and a copy of the resoluti~m creat1l1g the Issuer and approving its articles of incorporation and
hy-Iaws all certified to be !ll full force and effect;
(51 A certificate of continued existence with respect to the Issuer from the
Texas Secretary of State, a copy of the Issuer's Articles of Incorporation certified by the Texas
Secretary ~)f State and a certificate of good standing with respect to the Issuer from the Texas
('omptroller of Pubhc Accounts. all dated within three days of the Closing Date;
(61 A copy of the Tn-Party Agreement and the Interlocal Agreements, with all
supplements or amendments enacted through the Closing Date. and a copy of the Project
Cooperation Agreement between the Department of the Army and the City of Corpus Christi,
rexas, tllr Construction of the North Padre Island Storm Damage Reduction and Environmental
Restoration Project. as tinally executed by both parties and in full force and effect;
(7 /\ clJrtificate, dated as of the Closing and signed by an Issuer
RepresentatIve, solely In hIS or her official capacity. to the effect that, (i) the representations,
warranties. and covenants of the Issuer contained herein are true and correct in all material
respects as of tht' CloslOg, with the same effect as If made at the Closing; (ii) the Issuer has
performed all of its obligations ht'reunder to be performed at or before the Closing and has
satisfied a11 matenal conditions on Its part to be satisfied hereunder at or before the Closing; (iii)
none of the Bond ResolutlOn, the Indenture or the Tri-Party Agreement have been amended,
modified. supplemented. 01 repealed since the date of this Bond Purchase Agreement, except as
agreed to by the l ndef\vritcr, and each IS in full f()rce and effect; (iv) no litigation or proceeding
against the Issuer is pending or. to the best of his or her knowledge, threatened in any court or
administratl ve body no1. t(, the best of knowledge, is there a basis for litigation which would
a) contest the nght of the directors or officials of the Issuer to hold and exercise their respective
positions. (b) contest the due organization and valid existence of the Issuer, (c) contest the
v'alidity, due authorization and execution of the Bonds, the Bond Resolution, the Indenture, this
Bond Purchase Agreemem or the Tri-Party Agreement, or (d) attempt to limit, enjoin or
otherwise restrict or prevent the Issuer tTom collecting Contract Tax Increments; (v) no event
affecting the Issuer has occurred smct' the date of the Limited Offering Memorandum which
"hould be chsc10sed In thelmited Offenng Memorandum for the purpose for which it is to be
llsed or whIch it is necessarv to disclose therein in order to make the statements and information
t herein, I n lIght of the cIrcumstances under which made. not misleading in any respect as of the
!lme of Closing; (Vl1 the l!1formatlOn contained in the Limited Offering Memorandum with
respect to the Bonds. the Issuer and the Issuer's affairs is true and correct in all material respects
and, as of the date of the Limited Offering Memorandum, the Limited Offering Memorandum,
with respect to such information, did not, and as of the date of the Closing does not, contain any
untrue statement of a material fact or omit to state a material fact required to be stated therein or
1<'X733.\
8
necessary to make the statements with respect to the Issuer and the Bonds made therein, in the
light of the circumstances under which they were made, not misleading; and (vii) with respect to
mformation in the Limited Otfenng Memorandum other than the information relating to the
Bonds. the Issuer and the Issuer's affairs, he or she has no reason to believe that such
mformation contains any untrue statement of a material fact or omits to state a material fact
required t\) be stated therein or necessary to make the statements made therein, in light of the
'.;lrcumstances under which they were made, not misleading;
(8) A certificate of the Issuer signed by an appropriate official of the Issuer (a)
'ietting torth the lacts, estimates and cIrcumstances in existence on the date of the Closing, which
establish that It 1S not expected that the proceeds of the Bonds will be used in a manner that
would cause the Bonds to he "arbitrage bonds" within the meaning of Section 148 of the Internal
Revenue ('ode of 1986. as amended (the "Code"). and any applicable regulations (whether final,
temporary or proposed). issued pursuant to the Code, and (b) certifying that to the best of the
knowledge and belief of the Issuer there are no other facts, estimates or circumstances that would
materially change the conclusions. representations and expectations contained in such certificate;
(9) (he approving opmion of McCall, Parkhurst & Horton L.L.P., as bond
l:ounseL In substantially thl' form set forth in the Limited Offering Memorandum;
( 10) !~. supplemental opinion of bond counsel addressed to the Issuer and the
nderwn1t:r. substanriaHy 10 the effect that:
(] ) the Issuer has duly approved and authorized the distribution of the
Limited Otfering Mem(irandum:
(J i) the Bonds are exempted secunhes under the Securities Act of
1933, as amended (the "]y,13 Act"), and it is not necessary, in connection with the offering and
sale of the Bonds. to register any securities under the I 933 Act and neither the Bond Resolution
nor the Indenture need he qualified under the Trust Indenture Act of 1939 (the "Trust Indenture
4ct");
(ili) the intonnation contained in the Limited Offering Memorandum
under the headings "THE SERIES 2006 BONDS," "PLAN OF FINANCING," "SECURITY
AND SOURCE OF PAYMENT," "THE ISSUER," "THE ZONE," "LEGAL MATTERS,"
'T AX MATTERS," and "LEGAL INVESTMENT AND ELIGIBILITY TO SECURE PUBLIC
FUNDS IN TEXAS" fairly summarizes the matters of law and the information purported to be
.;hown therein and the documents included in Appendices A, Band E conform to the respective
documents delivered at ('Iosmg; and
(1\) stating that the Underwriter may rely on the approving Opinion of
Bond Counsel described as if it were addressed to it:
(11.i An opinion of the City Attorney of the City, as general counsel to the
Issuer, substantially to the etfect set torth in Exhibit B hereto;
( 121 An opinion of the City Attorney of the City as general counsel to
Reinvestment Zone Two or a certificate from the City, to the effect that Reinvestment Zone Two
~"78733.3
9
1S validly created and m full force and effect and the Tri-Party Agreement was duly authorized
executed ,md delivered and is a valid and binding obligation of Reinvestment Zone Two,
enforceable in accordance with ltS temlS, except to the extent that its enforceability may be
limited by applicable provisions of the federal bankruptcy laws and any other similar laws
affecting the rights of lreditors of political subdivisions generally, and except that such
enforceabIlity is subject to general principles of equity and the exercise of judicial discretion
i regardless of whether such enforceabilitv is considered in a proceeding in law or at equity);
( I 3) I:vidence satisfactory to the Underwriter, which may take the form of a
legal opmlon of counsel tc the eit:.;. or a certificate from the City. to the effect that the Tri-Party
-\greemenL and the City Interlocal Agreement was duly authorized, executed and delivered are
\alid and binding obligations of the City enforceable in accordance with their respective terms;
(14) Ividence satisfactory to the Underwriter, which may take the form of a
legal Opll110n \)1' counsel to the County or a certificate from the City, to the effect that the County
lnterlocal Agreement was duly authorized, executed and delivered and is a valid and binding
obligation ufthe County enforceable in accordance with its terms:
( 15) Fvidence satisfactory to the Underwriter, which may take the form of a
legal opmlOn of counsel 10 the College, or a certificate from the City, to the effect that the
('ollege Interlocal Agreement was duly authorized, executed and delivered and is a valid and
hinding obligation ofthe College, enforceable in accordance with its terms;
( 16) E VIdence satisfactory to the Underwriter, which may take the form of a
legal opmion of counsel te the Hospital District, or a certificate from the City, to the effect that
the Hospital District lnterlocal Agreement was duly authorized, executed and delivered and is a
valid and bmding obligation ofthe Hospital District enforceable in accordance with its terms;
( I 7} An opinion. dated the date of the Closing and addressed to the
nderwnter. of Fulbright &. Jaworski L [ P, Undef\vriter's counsel, to the effect that:
(i I the Bonds are exempted securities under the 1933 Act and it is not
necessary, 111 connection with the offering and sale of the Bonds, to register any securities under
the 1933 Act and neither the Bond Resolution nor the Indenture need be qualified under the Trust
Indenture i\ ct; and
(11) based upon their participation in conferences at which the Limited
Offering Memorandum was discussed, but without having undertaken to determine
mdependently the accurac) completeness or fairness of the statements contained in the Limited
Offering Memorandum, such counsel has no reason to believe that the Limited Offering
Memorandum contams an\ untrue statement of a material fact or omits to state a material fact
necessarv to make the statements therein, in light of the circumstances under which they were
made, not misleading (except for any tinancial, forecast, technical and statistical statements and
data included in the Limited Offering Memorandum, in each case as to which no view need be
expressed).
(18) The approving opinion of the Attorney General of the State of Texas in
respect ()fthe Bonds:
+'77873.' 3
10
( 19) The registration certificate of the Comptroller of Public Accounts of the
State of fexas in respect of the Bonds; and
(20) Such additional legal opmIOns. certificates, instruments and other
documents as Bond Counsel, the Underwriter or counsel to the underwriter may reasonably
request 10 evidence the truth and accuracy, as of the date hereof and as of the date of the Closing,
of the Issuer's representations and warranties contained herein and of the statements and the due
performance or satisfaction by the Issuer on or prior to the date of the Closing of all the
respective agreements then to be performed and conditions then to be satisfied by the Issuer.
All \)1 the opinions, letters, certificates, instruments and other documents
mentioned above or else\\ here in this Bond Purchase Agreement shall be deemed to be in
Gomplianct' with the proviSions hereof it but only If they are in form and substance satisfactory
:0 the Underwntet.
If the Issuer shall be unable to satisfy the conditions to the obligations of the
nderwn ter to purchase. to accept deli very of and to pay for the Bonds contained in this Bond
Purchase Agreement. or if the obligations of the Underwriter to purchase, to accept delivery of
md to pay f(x the Bonds shall be terminated for any reason permitted by this Bond Purchase
\greement. this Bond Purchase Agreement shall terminate and neither the Underwriter nor the
Issuer shall be under any further obligation hereunder, except that the check referred to in
Paragraph I shall he immediately returned to the Underwriter by the Issuer.
8. Termination. The Underwriter shall have the right to cancel its obligation to
purchase the Bonds if between the date of this Bond Purchase Agreement and the Closing, the
market price or marketabil1ty of the Bonds shall be materially adversely affected in the sole
Judgment of the Underwriter reasonably exercised (as evidenced by a written notice to the Issuer
terminating the obligation 01 the Undenvriter to accept delivery of and pay for the Bonds), by the
occurrence of any of the tollowing:
(al Adverse Effect on Income Tax Status. Legislation shall be enacted by or
mtroduced in the Congress or recommended to the Congress for passage by the President of the
( 'nited States. or the Treasury Department of the United States or the Internal Revenue Service
I'r favorably reported for passage to either House of the Congress by any committee of such
House to whIch such legI slatlon has been referred tor consideration. a decision by a court of the
t nited States or of the State dr the United States Tax Court shall be rendered, or an order, ruling,
regulation (final. temporary ur proposed), press release, statement or other fonn of notice 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
lmpose, directly or mdirectl~, federal income taxation upon interest received on obligations of
the general character of the Bonds, of the interest on the Bond as described in the Limited
Oftering Memorandum, nr other action or events shall have transpired which may have the
purpose or effect. directly or mdirectly, of changing the federal income tax consequences of any
df the transactions contemplated herem, or any other action or events shall have occurred which,
m the reasonable judgment IIf the Underwriter, materially adversely affect the market for the
Bonds or the market price generally of obligations of the general character of the Bonds;
4)''''X7~3.~
11
(b ~ Adverse Effect on Securities Law Exemptions. Legislation introduced in or
enacted (or resolution passed) by the Congress or an order, decree, or injunction issued by any
court ot competent jurisdiction. or an order, ruling, regulation (final, temporary or proposed),
press release or other form of notice Issued or made by or on behalf of the United States
SecuritIes and Exchange Commission, or any other governmental agency having jurisdiction of
the subject matteL to the effect that obligations of the general character of the Bonds, including
any or all underlying aITangements, are not exempt from registration under or other requirements
)f the ! 9\~ Act. or that the Bond Resolution is not exempt from qualification under or other
requirements (If the Trust Indenture Act. or that the Issuance. offering, or sale of obligations of
the general character ot the Bonds, mcluding any and all underlying arrangements, as
contemplated hereh) or h\ the Limited Offering Memorandum or otherwise, is or would be in
\lOlation \lfthe federal securities law as amended and then in effect;
h':) SuspensIOn on Moratorium. A general suspension of trading in securities on the
\Jew York Stock Exchange or the American Stock Exchange, the establishment of minimum
prices on either such exchange. the estahlishment of material restrictions (not in force as of the
date hereof) upon trading securities generally by any governmental authority or any national
securities achange. a general banking moratorium declared by federal, State of New York, or
State officIals authoTIzcd tl \ do so:
(d) Change of Law. Any amendment to the federal or Texas Constitution or action
hy any tederal or Texas court. legislatIve body. regulatory body, or other federal or Texas
~tuthorit\ materiall)- adversely aftecting the tax status of the Issuer, its property, income,
securities (or interest thereon). or the validity or enforceability of the assessments or the levy of
taxes generating Contract Tax Increment. or the ability of the Issuer to receive Contract Tax
Increment trom the City. the County, the Hospital District or the College;
{d Adverse Effect on Disclosure. Any event occurring, or information becoming
known whIch. in the reasonable judgment of the Underwriter, makes untrue in any material
respect any material statement or information contained in the Limited Offering Memorandum,
\ Ir has the effect that the Limited Offering Memorandum contains any untrue statement of
material fact or omits to state a matenal fact required to be stated therein or necessary to make
the statements therein. in the light of the circumstances under which they were made, not
misleadIng
( n Material Change. There shall have occurred since the date of this Bond Purchase
Agreement any materially adverse change III the affairs or financial condition of the Issuer;
(g) Armed Conflict. The United States shall have become engaged in hostilities
which have resulted in a declaration of war or a national emergency, or there shall have occurred
any other (Iutbreak or substantial escalation of existing hostilities or a national or international
l'alamit) or crisis. financial or otherwIse. the effect of such outbreak, calamity or crisis on the
tinancial markets of the United States being such as, in the reasonable opinion of the
l inderwnter. would materially and ad\ersely affect the ability of the Underwriter to market the
Bonds:
1"7787333
12
(h) Amendment of Supplement. Any fact or event shall exist or have existed that, in
the Underwriter's reasonable judgment, requires or has required an amendment of or supplement
to the LImited Offering Memorandum: and
I .1 Prohibition A12.ainst Resale. The purchase of and payment for the Bonds by the
( inderwnteL or the resale of the Bonds by the Underwriter, on the terms and conditions herein
provided shall he prohibited by any applicable law. governmental authority, board, agency or
:ommlSSlon
9. l:-xpen...e.,.
(a) The Underwriter shall be under no obligation to pay. and the Issuer shall pay, the
following expenses lI1cidem to the perfonnance of the Issuer's obligations hereunder, including,
hut not limited to (1) the .:ost of preparation and printing of the Bonds; (ii) the fees and
disbursements of Bond Counsel: (iii) the fees and disbursements of any other engineers,
accountants. and other experts. consultants or advisors retained by the Issuer; (iv) the costs of
preparing. printing and mailing the Limited Offering Memorandum; (v) fees of the Issuer's
financial advisor; (VI) the transcript review fee of the Attorney General of Texas; (vii) the fees
and expenses of the Paymg Agent/Registrar and Trustee: (viii) the out-of-pocket, miscellaneous
,md closlI1g expenses. induding the cost of travel, of the officers of the Issuer; [(ix) the fees and
disbursements of counsel retained hy the Underwriter;] and (x) any other expenses mutually
agreed to bv the Issuer and the Undervmter to be reasonably considered expenses of the Issuer
whIch are inCIdent to the transaction~ contemplated hereby.
(b) The l nderwnter shall pay (i) the cost of preparation and printing of this Bond
Purchase Agreement: (ii) all advertising expenses III connection with the offering of the Bonds;
and (iii) all other expenses incurred }1y it in connection with the offering of the Bonds.
to. Notices. Any notice or other communication to be given to the Issuer under this
Bond Purchase Agreement may be gIven by delivering the same in writing to North Padre Island
Development Corporation, 201 Leopard. Corpus Christi, Texas 78401, Attention: Executive
DIrector, and any notice ur other communication to be given to the Underwriter under this Bond
Purchase /\greement may be given by delivering the same in writing to M.E. Allison & Co., Inc.,
liSO East Basse Road. Second Floor. San Antonio. Texas 78209.
11. Partie.,- in Interest. This Bond Purchase Agreement as heretofore specified shall
constitute the entire agreement between us and is made solely for the benefit of the Issuer and the
lnderwriter (including successors or assigns of the Underwriter) and no other person shall
acquire or have any right hereunder or by virtue hereof. This Bond Purchase Agreement may not
be assigned by the Issuer. All of the Issuer's representations, warranties and agreements
contained III this Bond Purchase Agreement shall remain operative and in full force and effect,
regardless of (i) any investigations made by or on behalf of the Underwriter; (ii) delivery of and
payment for the Bonds pursuant to this Bond Purchase Agreement; and (iii) any termination of
this Bond Purchase Agreement.
.<;'78733.3
13
12. Effectiveness. This Bond Purchase Agreement shall become effective upon the
acceptance hereof by the Issuers and shall be valid and enforceable at the time of such
acceptance
13, Choice of Law. This Bond Purchase Agreement shall be governed by and
construed l!1 accordance with the law of the State of Texas.
14, Severability. If any provIsion of this Bond Purchase Agreement shall be held or
deemed to be or shall. in face he invalid, inoperative or unenforceable as applied in any
particular case in any Jurisdiction or junsdictions. or In all jurisdictions because it conflicts with
any prOVlSlon of any Constitution. statute, rule of public policy, or any other reason, such
circumstances shall not ha ve the effect of rendering the provision In question invalid, inoperative
or unentorceable in any dther case l)f circumstance. or of rendering any other provision or
provisions of this Bond Purchase Agreement invalid. Inoperative or unenforceable to any extent
whatever
15, Business Day. For purposes of this Bond Purchase Agreement, "business day"
means any day on which the New York Stock Exchange is open for trading.
16. Section Headings. Section headings have been inserted in this Bond Purchase
Agreement as a matter ot convenience of reference only. and it is agreed that such section
headings are not a part of this Bond Purchase Agreement and will not be used in the
mterpretatlOn of any proviSIOns of this Bond Purchase Agreement.
17. Counterparts. This Bond Purchase Agreement may be executed in several
counterparts each of which shall be regarded as an original (with the same effect as if the
signatures theret(\ and hereto were upon the same document) and al I of which shall constitute one
and the same document
[EXEClTTION PAGE FOllOWS]
4 'i77873 3.3
14
I I you agree with the foregomg, please sign the enclosed counterpart of this Bond
Purchase Agreement and return it to the Underwriter. This Bond Purchase Agreement shall
hecome a binding agreement between you and the Underwriter when at least the counterpart of
this letter shall have been slgned by or on behalf of each of the parties hereto.
Respectfully submitted,
M.E. ALLISON & CO., INe.
By: _____
Title:
Accepted this
__ day of
.2006.
NORTH PADRE ISLAND DEVELOPMENT
CORPORA TION
By: ___________
Title:
45-78733.3
15
Dated Date:
Principal Amount:
Waturity Date:
Interest Rate:
Interest Payment Dates:
Retlemption Provision.':
EXHIBIT A
BOND TERMS
July 1,2006 (Bonds bear interest from date of delivery).
S2.900.00()
September] 5,2022
Coupon
OJ
()
Yield
%
March 15 and September 15. commencing March 15, 2007
~)ptional Redemption.- The Bonds are subject to redemption prior to maturity at the
\)ption of the Issuer. in \vhole or in part. from time to time on [ 1, or any date
thereafter. at a price equal to the principal amount of Series 2006 Bonds to be redeemed, plus a
premium equal to the fpllowing percentages of principal amount:
RedemptlOn Penod
From Septemher 15.
From Septemher 15. i
From September 15. i
From September !5.
From September 15.
From September] 5.
Percentage
_ J t(l September 14. [ o.~ [.-J%
J tel September 14. _J [ ]%
] to September 14. [ 01 [.-J%
] to September 14. [ ~ [.-J%
] to September 14, L. .~ [-.J%
] and fhereafter 0.0%
provided. that If any Bond is selected f()r redemption in part it shall not be redeemed in an
amount that would. upon exchange. result in a Bond in a denomination less than $100,000.
Mandatory Smkmg Fund Redemption.- The Bonds are subject to mandatory sinking fund
redemptlOn prior to maturitv in the amounts and on the dates set out in the attached Schedule A.
The Bonds to be redeemed in any year by mandatory sinking fund redemption shall be
selected by lot from the Bonds then subject to redemption; provided, that if any Bond is selected
for redemption III part it shall not be redeemed in an amount that would, upon exchange, result in
a Bond in a denomination less than S 1 00.000.
l~77873~ 3
Exhibit A- Page 1
fhe principal amount of Bonds required to be redeemed on each such redemption date
pursuant to the foregomg operation of the mandatory sinking fund redemption shall be reduced,
at the optIon of the Issuer by the principal amount of the bonds which, at least 45 days prior to
the mandatory smkmg funds redemption date, (I) shall have been acquired by the Issuer and
delivered to lPMorgan Chase Bank. National Association, as paying agent/registrar (the "Paying
4gent/Reglstrar") for cancellation or (2) shall have been acquired and canceled by the Paying
c\gent/R eglstrar at the direction of the Issuer, in either case of (]) or (2) at a price not exceeding
the par ,n principal amount of such Bonds, or (3) shall have been redeemed pursuant to the
uptional redemptIon pmvi~lons described above and not theretofore credited against a mandatory
sinking tund redemption. During any penod in which ownership of the Bonds is determined by a
hook entry at a secuntles depository tIn the Bonds. If fewer than all of the bonds of the same
maturity and bearing the ,ame interest rate are to be redeemed. the particular Bonds of such
maturity tn be redeemed .;hall be selected in accordance with the arrangements between the
Issuer and the secuntie~ depOSitory provIded, that if any Bond is selected for redemption in part
11 shall nor be redeemed In an amounl that would result. upon exchange, in a Bond in a
denominatIOn less than i\ 1 UO.OOO.
~, 7'18733.3
Exhibit A - Page 2
A TT ACHMENT A TO EXHIBIT A
September 15
Principal
Amount
Total
2,900,000
.-
* maturity
h 7787333
Attachment A to Exhibit A - Page 1
EXHIBIT B
OPINION OF GENERAL COUNSEL TO THE ISSUER
The Issuer IS validly existing as a not-for-profit local government corporation in
good standing under the laws of the State of Texas It is exempt from payment of federal income
taxes on its income
fhe Issuer has the corporate power to execute, deliver and perform its obligations
under the Bond Purchase Agreement, the Bond Resolution, the Indenture, the Bonds, and the Tri-
Party Ab,Tfeement. and to pledge the Contract Tax Increments to be received by it and the other
moneys. rights and mterests pledged pursuant to the Indenture.
The Issuer has duly authorized, executed and delivered the Bond Purchase
Agreement. the Bond Resolution, the Indenture, the Bonds, and the Tri-Party Agreement.
4 fhe Bond Resolution, the Indenture, the Purchase Agreement, and the Tri-Party
"\greement constItute the legal. \alid and binding obligations of the Issuer enforceable in
accordance with their term."', except as the enforceability thereof may be subject to or limited by
applicable bankruptcy. msolvency. reorganization. arrangement, moratorium, and other similar
laws relating to or affectmg credltors' rights generally. and subject as to enforceability, to
general principles of equity
" fhe execution, delivery and performance by the Issuer of the Bond Resolution,
the Indenture, the Bond Purchase Agreement, and the Tri-Party Agreement do not require the
authorization, approval or consent of any governmental authority, except for such authorizations,
:lpprovals Of' consents as hale already been obtained.
6 The execution and delivery of the Bond Resolution, the Indenture, the Bond
Purchase Agreement. and the Tn-Party Agreement, and compliance with the terms and
provisions uf each thereof, will not contlict with or constitute a breach of or default under, or,
except with respect to the pledge of the Pledged Revenues (as such term is defined in the
Indenture) under the Indenture, result in the creation of any lien, charge or encumbrance under
ia) the Articles of Incorporation or Bylaws of the Issuer; (b) any material indenture, mortgage,
deed of trust. agreement or other instrument known to us to which the Issuer is a party or is
otherwise subject to or bound; or (c) any order, law. rule or regulation applicable to the Issuer of
any court or other governmental bodv of which we are aware.
7 There IS no action. suit, proceeding or investigation at law or in equity before or
bv any court. against or affecting the Issuer wherein an adverse determination would affect the
corporate power of the Issuer to make or perform its obligations under the Bond Purchase
Agreement, the Bond Resolution. the Indenture or the Tri-Party Agreement, or which would
impair the issuance. sale or delivery of the Bonds.
8. The Issuer has pledged. and all necessary action on the part of the Issuer has been
taken as required to pledge under the Indenture, all of the Issuer's right, title and interest in the
Pledged Revenues to the Trustee on behalf of the holders of the Bonds.
.,nR733.3
Exhibit B - Page I
'j The Issuer. s pledge of the Pledged Revenues is valid and binding in accordance
with its terms wIthout further action on Its part and without any tiling or recording with respect
thereto except In the records of the Issuer.
o Nothing in any statute. regulation, order or rule of law applicable to or affecting
the Issuer eIther grants or affords to the Issuer the benefit of any claim or defense of sovereign or
governmental immunity from. or athen-vise operates to exempt the Issuer from service of,
process ,n suit in an appropriate court having jurisdiction over the Issuer in connection with any
contract claim which may be asserted WIth respect to the matters which are the subject of the
Bonds, the Bond Res,)lutlon. the Indenture. the Bond Purchase Agreement or the Tri-Party
'\greemem
I The mtomlation conta1l1ed in the LImited Offering Memorandum under the
heading "THE ISSUER' and ., fHE lONE" fairly summarizes the matters of law and
mformatlOn purported to bl' shown therein
4~778733.3
Exhibit B - Page 2
25
CITY COUNCIL
AGENDA MEMORANDUM
May 30, 2006
AGENDA ITEM:
ResolutIon approving the resolution by the North Padre Island Development Corporation authorizing
the issuance of Series .W06 Bonds in an aggregate principal amount not to exceed $2,900,000.
ISSUE:
In November 2000, the Citv Council approved an ordinance creating the Reinvestment Zone # 2 in
connectIOn with development of a channel and other facilities in the Packery Channel area. After a
petition. the Co unci I suhmi tted the ordinance to the voters in April 200 I, and the voters approved the
ordinance
fhe Cit\ of Corpus (,hnst! and the North Padre Island Development Corporation have authorized
through the bond indentures the issuance of up to $12,000,000 in bonds to fund the PackeryChannel
project. To date. $lJ, I 00,000 in bonds has been issued, leaving a remainder to be issued of
S2,900.000 A f<lUrth issue in an amount not to exceed $2,900,000 is now needed to cover costs
through the end of the proJl:ct.
REQUIRED COUNCIL ACTION:
Approval of the resolutIOn lS required.
PREVIOliS COUNCIL ACTION:
· On October I, 2002. City Council approved the formation of the North Padre Island
Development CorporatlOn and approved its articles of incorporation.
· On December 17. 2002 City Council approved a resolution authorizing the issuance of North
Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2002, in
an aggregate principal amount not to exceed $3,000,000. The first series of bonds (Series 2003
Bonds) were subsequently issued in April 2003 in the amount 01'$2,500,000.
· On November II. 2003. City Council approved a resolution authorizing the issuance of North
Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003A
Bonds in an aggregate principal amount not to exceed $2,500,000.
· On July 14. 2004, City ('ouncil approved a resolution authorizing the issuance of North Padre
Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2004, in an
aggregate principal amount not to exceed $4,500,000. Subsequently in September 2004,
$4,1 oo.uno III bonds was issued.
· On September lJ, 2005, City Council approved a resolution expressing official intent to
reimburse costs of the Packery Channel Improvement Project in the amount of $500,000.
· On January 24,2006, City Council approved a resolution expressing official intent to reimburse
costs of the Packerv Channel Improvement Project in the amount of $400,000.
· On April 25. 2006. City Council approved a resolution expressing official intent to reimburse
costs, If Packery Channel Improvement Projects,
FUNDING:
Bonds to fund the Packen Channel project will be payable solely from the Tax Increment Fund,
Reinvestment Zone No, 2, and not from other city revenues,
RECOMMENDATION:
City Staff recommends the approval of the resolution by the North Padre Island Development
Corporation authorizing the issuance of Series 2006 Bonds in an aggregate principal amount not to
exceed S2.900.000
G .cL, D'&~
Cindy ~:;;:;;,,(
Director of Financial Services
Attachments:
Background InformatIOn
ResolutIon
Resolution submItted to the North Padre Island Development Corporation
BACKGROUND IN FORMA TION
North Padre Island Development Corporation, a not-for-profit local government corporation, was
established by the City of Corpus Christi ("the City") under the provisions of Chapter 431, Texas
fransportation Code, and the general laws of the State of Texas to aid, assist, and act on behalfofthe
City in the performance 01 the City's governmental functions and to provide a means of financing
certain project costs In connection with Reinvestment Zone Number Two, City of Corpus Christi,
r exas. It IS governed hy a Board of Directors, whose members are appointed by the City Council.
In November 2000. the Reinvestment Zone #2 was created by the City Council, pursuant the
provisions of the Tax Increment Financmg Act ("TlF Act"), Chapter 311, Texas Tax Code to
tacilitate development of a channel and other facilities in the Packery Channel area. After a petition,
the City Council submItted the ordmance to the voters in April 2001, which the voters approved.
rhe Zone became etlectlve on November 14,2000, and will terminate on December 31,2022, or at
an earlier time designated by subsequent ordinance of the City, or at an earlier time that all zone
project costs, tax mcremenl bonds and the interest on all tax increment bonds, have been paid in full.
'\s reqUIred under the "J IF \ct the lone Board prepared. and the City Council approved, a Project
Plan and Remvestment Zone Financing Plan (the "Plan") on February 25,2003. The Plan includes
Information concernmg proposed land uses and development, estimated project and non-project costs
and admmlstrati ve expense..., engineering studies. proposed financing and economic feasibility data,
and property appraisal data
rhe City ot Corpus Christi and the l .S. Army Corps of Engmeers entered into a Project Cooperation
:\greement m order to faCilitate the construction of the Packery Channel Project. Of the total
S30,656.948 projected cost of the Project, the City as Project sponsor has agreed to pay 35% ofthe
lotal projected cost (or approximately $] 0.733,049). The remaining Project costs are to be paid by
the United States Government. The CIty has created the Zone for the purpose of raising funds
needed to provide the Zone Project Costs The project costs include approximately $1,538,461 of
damage caused by Hunicanes Rita. Katnna, and Emily, and approximately $1,435,109 of cost
overruns The Zone intends to also expend approximately $500,000 for recreation improvements,
$800,000 t()r parking costs and establishment of a maintenance reserve. From the onset, it was
stated that bonds to fund the project would be payable solely from the tax increment fund and not
trom other cIty revenues. and that the transaction would be designed to completely insulate general
CIty revenues from hability nn the hnnds.
RESOLUTION APPROVING THE RESOLUTION
BY THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION
AUTHORIZING THE ISSUANCE OF SERIES 2006 BONDS
IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2.9 MILLION
WHERtAS North Padre Island Development Corporation (the "Corporation") was created
under the auspices of the City of Corpus Christi. Texas (the "City"); and
WHERE:AS. the Corporation was created in part for the purpose of assisting the
Reinvestment Zone Number Two. City of Corpus Christi, Texas (the "Zone") in implementing the
"Project and Financing Plan" with respect to the economic development of property within the Zone;
and
WHEREAS. the Corporation by resolution adopted May 30, 2006 authorized the issuance
of the hereinafter described bonds for the purposes described in said resolution; and
WHERE AS. it IS deemed necessary and advisable that this Resolution be adopted.
THEREFORE. BE ITRESOL VED BYTHECITYCOUNCIL OFTHE CITY OF CORPUS
CHRISTl THAT
Section J. The resolution (the "Resolution") adopted by the Corporation, in substantially the
form and substance as attached to this Resolution and made a part hereoffor all purposes, is hereby
approved. and tax increment contract revenue bonds in a principal amount not to exceed $2,900,000
(the "Bonds"). may be Issued for the purpose of providing all or a portion of the cost of the project
as specified in the Resolution (the "Project"); and said Resolution, Bonds and Project are hereby
appro\ ed
Section 2 This Resolution shall be effective immediately from and after its passage.
RESOLUTION AUTHORIZING THE ISSUANCE OF NORTH PADRE ISLAND
DEVELOPMENT CORPORA nON TAX INCREMENT CONTRACT REVENUE BONDS,
SERIES 2006, IN AN AGGREGA TE PRINCIPAL AMOUNT NOT TO EXCEED $2,900,000;
APPROVING A BOND PURCHASE AGREEMENT AND OTHER CONTRACT
DOCUMENTS RELATING TO THE SERIES 2006 BONDS; AND CONTAINING OTHER
PROVISIONS RELATED THERETO
BE IT RESOL\ED BY THE BOARD OF DIRECTORS OF THE NORTH PADRE
ISLAND DEVELOPMENT CORPORATION:
ARTICLE I
RECITALS
WHEREAS, by Ordinance No. 024270, adopted on November 14, 2000 (the "Creation
Ordinance"). the City of Corpus Christl, Texas (the "City"), created a tax increment reinvestment
zone known as "Reinvestment Zone Number Two. City of Corpus Christi, Texas" ("TIRZ Two"),
pursuant to the provisIOns of Chapter 311. Texas Tax Code. and approved a preliminary reinvestment
zone financing plan for TIRZ Two; and
\VHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the
creatIon of the North Padre Island Development Corporation (the "Corporation") to aid, assist and
act on behalf ofthe Cit y ir the pertormance ofthe City's governmental and proprietary functions with
respect !O the common good and general welfare ofthe City. as described in the Creation Ordinance;
and
WHEREAS, on February 25 2003, the Corporation adopted a "RESOLUTION
AUTHORIZING THE ISSUA,l\,ICE OF NORTH PADRE ISLAND DEVELOPMENT
CORPORA TION TAX INCREMENT CONTRACT REVENUE BONDS, SERIES 2003, IN AN
AGGRFGA TE PRINCIPAL AMOUNT NOT TO EXCEED $3 MILLION; APPROVING AN
INDENTURE OF TRUST AND OTHER CONTRACT DOCUMENTS RELATING TO THE
BONDS; AND CONTAI'lING OTHER PROVISIONS RELATED THERETO (the "Initial Bond
Resolutl<)ll"i: and
WHEREAS, pursuant to the ten1l5 of the Initial Bond Resolution, the Corporation approved
that certam Indenture ufTrust by and between the Corporation and lPMorgan Chase Bank, National
AssoClation (the successor to JPMorgan Chase Bank) dated as of February 1,2003 (the "Indenture"),
pursuant to which the Corporation set forth the terms and conditions by which it could issue, sell or
deliver IlS bonds. notes 01 other obligations in accordance with the terms of the Indenture to fund
Project Costs fClr the benefit ofTlRZ Two, established various Funds and Accounts for the benefit
of the owners of such bonds, notes or other obligations, and assigned and pledged to the Trustee such
Funds and Accounts for the benefit of such owners: and
WHEREAS, pursuant to the terms of the Initial Bond Resolution, the Corporation approved
that certam Tri-Party Agreement by and between the City, TlRZ Two, and the Corporation dated as
of February 1 2003 (the ''Tri-Party Agreement"), pursuant to which the Corporation was delegated
the pO\Ner and authority! 0 issue. sell or deliver its bonds, notes or other obligations in accordance
with tht: tenTL.'l of the Tri.Party Agreement; and
WHEREAS. on Februal) 25. 2003, the City approved the terms of the Initial Bond
ResolutIon, the sale of bonds in an amount not to exceed $3,000,000. and approved the Indenture
and the lri-Party L\greement: and
WHEREAS. pursuant to the terms of the Initial Bond Resolution and the Indenture, on April
30,2003, the Corporation issued and delivered its North Padre Island Development Corporation Tax
Increment Contract Revenue Bonds. Series 2003. issued in the aggregate principal amount of
$2,500.000 (the "Senes ~'003 Bonds" i: and
WHEREAS. the ( orporatlon reserved the right in the Indenture to issue "Additional Parity
Bonds" (as defined in the Indenture) on a parity with the Series 2003 Bonds; and
WHEREAS, on I\ovember I 1.2003, the City approved the terms ofa resolution authorizing
the sale of bonds in an amount not to exceed $2,500,000 (the "Series 2003A Resolution"); and
WHEREAS, pursuant to the terms of the Series 2003A Resolution and the Indenture, on
December 18. 2003. the Corporation issued and delivered its North Padre Island Development
CorporatIon Tax Increment Contract Revenue Bonds, Series 2003A, issued in the aggregate principal
amount of$2,500.000 (the "Series 2003A Bonds") on a parity with the Series 2003 Bonds; and
WHEREAS, on July 13. 2004, the City approved the terms ofa resolution authorizing the sale
of bonds III an amount not to exceed $4.500,000 (the "Series 2004 Resolution"); and
\VHEREAS, pursuant to the terms of the Series 2004 Resolution and the Indenture, on
October 20. 2004. the ('orporatlon issued and delivered its North Padre Island Development
Corporation Tax Increment Contract Revenue Bonds, Series 2004, issued in the aggregate principal
amount of$4,1 00,000 (the "Series 2004 Bonds") on a parity with the Series 2003 Bonds and the
Series 2003A Bonds: and
WHEREAS, the bonds hereinafter authorized are the fourth series ofbonds to be issued under
the terms of the Indenture. shall constitute "Additional Parity Bonds". and upon the delivery of the
bonds hereinafter authorized, the aggregate principal amount of the bonds issued by the Corporation
as "Parity Bonds" (as defined in the Indenture) will not exceed $12,000,000; and
WHEREAS. the City is not located in a county with a population of 2.1 million or more
residents: and
WHEREAS. as permitted by Chapter 431. Texas Transportation Code, as amended, the
Corporation desires to issue bonds hereinafter authorized upon the terms and conditions and for the
purposes herein provided
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ARTICLE II
DEFINITIONS AND INTERPRETATIONS
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SectIOn 2. j. Definitions. In thIS Resolution. the following tenus shall have the following
meanmgs, unless the context clearly indicates otherwIse. Tenus not defmed herein shall have the
meanmgs assigned to "iuch temlS ill the Indenture:
rhe term "AudiC shall mean the audited annual financial statements of the Corporation
prepared by an independent auditor
The tenn ,. Authonzed Denominations" shall mean $ I 00,000 or any integral multiple of$5,000
in exu~ss of $] 00.000
rhe tenn "Authonzed Representative" shall mean the President or any Vice President of the
CorporatIon. the Ex.ecutive Director of the Corporation. or any other person designated by the Board
of Directors of the Corporation to act in 'iuch capacity
The tenn "Bond Resolution" shall mean, collectively, this Resolution and the resolutions
authorizmg the issuance of the Series 2003 Bonds. the Series 2003A Bonds and the Series 2004
Bonds
rhe tenn "(' omptroller" shall mean the Comptroller of Public Accounts of the State of Texas.
Ihe tenn "Dared Date" shall mean, with respect to the Series 2006 Bonds, the date so
designated in the Purchase Contract.
The tenn "Designated Trust Office" shall mean the designated corporate trust office of the
Registrar, which. as of the date of adoptIon of this Resolution, is located in Dallas, Texas.
The ternl "Indenture" shall mean the Indenture of Trust dated as of February 1, 2003 between
the Corporation and lPMorgan Chase Bank. National Association (the successor to lPMorgan Chase
Bank) and its successors 111 that capacity
The term "Issuance Date" shall mean the date on which the Series 2006 Bonds are
authenticated by the Registrar and delivered to and paid for by the Underwriter.
The teml "MAC" shall mean the Municipal Advisory Council of Texas.
The teml "MSRB" shall mean the Municipal Securities Rulemaking Board.
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The term ")\RMSI R" shall mean each person whom the SEC or its staff has determined to
be a nationally recognued municipal secunties information repository within the meaning ofthe Rule
from lIme to lime.
The ternl "Paymg Agent" shall mean the Registrar.
The teon "Project" shall mean the improvements described in the Project and Financing Plan
to be tinanced with the proceeds of the Series 2006 Bonds.
The tenn "Purchase Contract" shall mean the Bond Purchase Agreement between the
Corporat Ion and the Underwriter, executed under authority of this Resolution.
The teon "Record Date" shall mean, for any Interest Payment Date, the last Business Day of
the month next preceding each Interest Payment Date.
The term "Registrar" shall mean JPMorgan Chase Bank, National Association, and its
successors in that capacity
hereto
The teon "Resolution" shall mean this resolution, and all amendments hereofand supplements
The teon "Rule" shall mean SEe Rule 15c2-12, as amended from time to time.
fhe tenn "SEe" shall mean the UllI1ed States Securities and Exchange Commission.
The term "Series 2003 Bonds" shall mean the Corporation's Tax Increment Contract Revenue
Bonds. Series 2003. onginally issued in the aggregate principal amount of$2,500,000.
fhe term "Series 2003A Bonds" shall mean the Corporation's Tax Increment Contract
Revenue Bonds. Series 2003A origmally issued in the aggregate principal amount of$2,500,000.
The term "Series 2004 Bonds" shall mean the Corporation's Tax Increment Contract Revenue
Bonds. Series 2004. \)riginally issued in the aggregate principal amount of$4, 100,000.
rhe teon "Series 2006 Bonds" or "Bonds" shall mean the Corporation's Tax Increment
Contract Revenue Bonds, Series 2006. authorized by this Resolution.
rhe term "SID" shall mean any person designated by the State of Texas or an authorized
department. officer. or agency thereof as. and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
fhe tenn'Underwnter" shall mean M.E. Allison & Co., Inc.
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SectIOn 2.2: Interpretations. All tenns defined herein and all pronouns used in this Resolution
shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of
the articles and sections of this Resolution have been inserted for convenience ofreference only and
are not [0 be cnnsidered a part hereof and shall not m any way modifY or restrict any of the tenns or
proVisions hereof This Resolution and all the tenus and provisions hereof shall be liberally construed
to effectuate the purposes set forth herem and to sustain the validity of the Parity Bonds and the
validity ofthe lien on and pledge of the Pledged Revenues to secure the payment of the Parity Bonds.
ARTiCLE III
TERMS OF THE BONDS
SectlOn 3 I : MaXImum Amount, Purpose, Authorization. The Series 2006 Bonds shall be
issued In fully registered fonn, without coupons, numbered consecutively from R-l upward, in the
aggregate principal amount not to exceed $2,900,000 for the purpose of( 1) paying Project Costs and
(2) paymg Costs of Issuance, all under and pursuant to the authority of the Act and all other
applicable law. None of the proceeds of the Series 2006 Bonds shall be used for the purpose of
paying or otherwIse proViding for educatIOnal facilities
Section 3.2: Sale of the Series 2006 Bonds. The Authorized Representative is hereby
authorized to act for and on behalf of the Corporation in connection with the issuance and sale ofthe
Series 2006 Bonds I n that capacity, the Authorized Representative, acting for and on behalf of the
Corporat Ion. shall detennine the date fl.)r issuance and sale of the Series 2006 Bonds and shall
approve. execute and deliver the Purchase Contract with the Underwriter. Interest on the Series 2006
Bonds shall be payable on the date or dates described in the Purchase Contract (the "Interest Payment
Dates") The Series 2006 Bonds shall bear interest at the fixed rate or rates per annum calculated on
the baSIS of a 360-day year of twelve 30-day months. as set forth in the Purchase Contract. There
shall be "et forth in the Purchase Contract the principal amount of the Series 2006 Bonds to be sold
(in no event. however, to exceed the maximum principal amount authorized in Section 3.1 hereof),
the price at whIch the Senes 2006 Bonds shall be sold. the principal amortization schedule for the
Serie... 2006 Bonds (lI1cluding, without limitation, the maturity date or dates for the Series 2006
Bonds (the "PrinCIpal Installment Payment Dates") and the designation of any of the maturities of the
Series 2006 Bonds as tenn bonds and any sinking fund payments to be deposited to the credit of the
Debt Service Fund relating to any tenn bond so designated), the redemption features of the Series
2006 Bonds. the rate or rates of interest to be borne by the Series 2006 Bonds, the Dated Date ofthe
Series 2006 Bonds. and other matters relating to the issuance, sale and delivery ofthe Series 2006
Bonds, mcluding, without limitation. the designation given to the Series 2006 Bonds and the
obtainmg of insurance or 'lther fonn.'i of credit enhancement with respect to the Series 2006 Bonds;
provided. that the Purchase Contract must provide for the Series 2006 Bonds to be sold on tenns that
produce (1) interest rate 01 rates for the Series 2006 Bonds in a multiple of 118 of 1 % or 1120 of 1%
or 1/ 100 of 1%, (iil a "net effective interest rate" not in excess of 10.00%, (iii) a final maturity date
of the Senes 2006 Bonds that shall not extend beyond December 15, 2022, and (iv) interest rates
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such that the highest mterest rate on any Series 2006 Bond does not exceed the lowest interest rate
on such Series 2006 Bonds by more than 4.00%. The Authorized Representative's approval of the
Purchase Contract shall be conclusively evidenced by his or her execution thereof.
Section 3.3: Execution of Series 2006 Bonds. The Series 2006 Bonds shall be signed on
behalf of the Corporation by an Authorized Representative and countersigned by the Secretary by
their manual, lithographed, or facsimile signatures. Such facsimile signatures on the Series 2006
Bonds shall have the same effect as if each of the Series 2006 Bonds had been signed manually and
in person by each of said officers I f any officer of the Corporation whose manual or facsimile
signature shall appear ('0 the Series 2006 Bonds shall cease to be such officer before the
authentIcation of such Series 2006 Bonds or before the delivery of such Series 2006 Bonds, such
manual \)r facs1111i1e signature shall nevertheless be valid and sufficient for all purposes as if such
officer had remained In s\lch office
Section 3.4. Approval By Attorney General; Registration by Comptroller. The Series 2006
Bonds to be initially issued shall be delivered to the Attorney General of Texas for examination and
approval and shall be registered by the Comptroller. By approving this Resolution, the City Council
shall have authorized the payment of the fee of the Office of the Attorney General of the State of
Texas for the exammation of the proceedings relating to the issuance of the Series 2006 Bonds on
behalf of the Corporallon. in the amoun! determined in accordance with the provisions of Section
1202.004. Texas Government Code. The manually executed registration certificate 0 fthe Comptro lier
substantially m the torm provided in Exhibit A to this Resolution shall be affixed or attached to the
Series 2006 Bonds to be mitially issued and delivered to the Underwriter.
;;ection 3.5: 6uthentication. Except for the Series 2006 Bonds to be initially issued, which
need not be authenticated by an authorized signatory of the Registrar. only such Series 2006 Bonds
as shall bear thereon a certificate olauthentication substantially in the form provided in Exhibit A to
this Resolution, manually executed by an authorized signatory of the Registrar, shall be entitled to
the benefits of this Resolution or shall be valid or obligatory for any purpose. Such duly executed
certificate of authentication shall be conclusive evidence that the Series 2006 Bond so authenticated
was delivered by the Registrar hereunder.
The Registrar, when it authenticates a Series 2006 Bond, shall cause the Dated Date to be
stamped. typed or imprinted on such Series 2006 Bond. Series 2006 Bonds issued on transfer of or
in exchange for other Series 2006 Bonds shall bear the same Dated Date as the Series 2006 Bond or
Series 2006 Bonds presemed for transfer or exchange,
~ectioJL1.Q E'!Y!!1ent of PrinCipal and Interest. The Registrar is hereby appointed as the
registrar and paying agent tor the Series 2006 Bonds The principal of the Series 2006 Bonds shall
be payable, without exchange or collection charges, in any coin or currency of the United States of
America which, on the date of payment, is legal tender for the payment of debts due the United States
of America, upon their presentation and surrender as they respectively become due and payable,
whether at maturity or by prior redemption, at the Designated Trust Office. The interest on each
Series 2006 Bond shall be payable by check payable on the Interest Payment Date, mailed by the
Registrar on or beh)re each Interest Payment Date to the Owner of record as of the Record Date, to
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the address of such Owner as shown on the Register, or by such other method, acceptable to the
Registrar. requested hy and at the risk and expense of the Owner.
I f the date for the payment of principal or interest on any Series 2006 Bond is not a Business
Day. then the date for such payment shall be the next succeeding Business Day, and payment on such
date shall have the same f()rce and effect as ifmade on the original date such payment was due.
SectiOn 3. -, Successor Registrars The Corporation covenants that at all times while any
Series 2006 Bonds are Outstanding it will provide a commercial bank or trust company organized
under the laws of the Ull1ted States of America or State of Texas or other entity duly qualified and
legallv authorized to act as Registrar for the Series 2006 Bonds. The Corporation reserves the right
to change the RegIstrar f(lr the Senes 2006 Bonds on not less than sixty (60) days written notice to
the Reglstrar. so long as emy such notice IS effective not less than sixty (60) days prior to the next
succeedmg Principal Installment Payment Date or Interest Payment Date on the Series 2006 Bonds.
Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the
Register or a copy thereo f to the new Registrar, and the new Registrar shall notifY each Owner, by
United States mail. fIrst class postage prepaid. of such change and of the address of the new
Registrar foach RegIstrar hereunder. h: acting in that capacity, shall be deemed to have agreed to
the pn)\ISIOnS of this -';ec Ion.
'lectiOn 3.g Special Record Date. If interest on any Series 2006 Bond is not paid on any
Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall
establlsh a new record date for the payment of such interest. to be known as a "Special Record Date."
The Registrar shall establIsh a Special Record Date when funds to make such interest payment are
received from or on behalfofthe Corporation. Such Special Record Date shall be fifteen (15) days
pnor to the date fLxed for payment of such past due interest. and notice of the date of payment and
the SpeCial Record Date shall be sent by United States mail, fIrst class postage prepaid, not later than
five ( ,,) days pnor to 1 he Special Record Date, to each Owner or record of an affected Series 2006
Bond as of the close of business on the day prior to the mailing of such notice.
~ectlon 3.9: Ownership; Unclaimed Principal and Interest. Subject to the further provisions
of this Section, the Corporation. the Registrar and any other person may treat the person in whose
name anv Series 2006 Bond is regIstered as the absolute Owner of such Series 2006 Bond for the
purpose of making and receiving payment of the principal of or interest on such Series 2006 Bond,
and f()r all other purposes, whether or not such Series 2006 Bond is overdue, and neither the
Corporation nor the Registrar shall be bound by any notice or knowledge to the contrary. All
payments made to the person deemed to be the Owner of any Series 2006 Bond in accordance with
this SectIon 3.9 shall be valid and effectual and shall discharge the liability of the Corporation and the
Registrar upon such Serie~ 2006 Bond to the extent of the sums paid
\mounts held by the Registrar which represent principal of and interest on the Series 2006
Bonds remaining unclaimed by the Owner after the expiration of three (3) years from the date such
_7_
amounts have become due and payable shall be reported and disposed of by the Registrar in
accordance with the applicable provisions of the Paying Agent Agreement.
Section 3.10: RegIStration, Transfer, and Exchange. So long as any Series 2006 Bonds
remain Outstanding, the Registrar shall keep the Register at the Designated Trust Office and, subject
to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and
transfer of Series 2006 Bonds in accordance with the terms of this Resolution.
Each Series 2006 Bond shall be transferable only upon the presentation and surrender thereof
at the Designated Trust Office of the Registrar, duly endorsed for transfer, or accompanied by an
assignment duly executed by the Registered Owner or his authorized representative in form
satisfactory to the RegIstrar. Upon due presentation of any Series 2006 Bond in proper form for
transfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3) Business
Days after such presentation, a new Series 2006 Bond or Series 2006 Bonds, registered in the name
of the transferee or transferees, in Authorized Denominations and of the same maturity, aggregate
principal amount, and Dated Date, and bearing interest at the same rate as the Series 2006 Bond or
Series 2006 Bonds so presented. Anything to the contrary herein notwithstanding, no Series 2006
Bond shall be Issued in a denomination ofless than $100.000.
!\ll Senes 2006 Bonds shall be exchangeable upon presentation and surrender thereof at the
Designated Trust Office of the Registrar tC)J a Series 2006 Bond or Series 2006 Bonds of the same
maturity. Dated Date. and interest rate and III any Authorized Denomination, in an aggregate amount
equal to the unpaid principal amount of the Series 2006 Bond or Series 2006 Bonds presented for
exchange The RegIstrar shall be and is hereby authorized to authenticate and deliver exchange Series
2006 Bonds in accordance \vith the provisions of this Section 3.10. Each Series 2006 Bond delivered
in accordance with this Section 3.10 shall be entitled to the benefits and security of this Resolution
to the same extent as the Series 2006 Bond or Series 2006 Bonds in lieu of which such Series 2006
Hond IS delivered.
rhe Corporation or the Registrar may require the Owner of any Series 2006 Bond to pay a
sum sufficIent to cover any tax or other governmental charge that may be imposed in connection with
the transfer or exchange 01 such Series 2006 Bond. Any fee or charge of the Registrar for such
transfer or exchange shall be paid by the Corporation.
fhe Registrar shall not be required to transfer or exchange any Series 2006 Bond during the
period beginning on a Record Date or a Special Record Date and ending on the next succeeding
Interest Payment Date or to transfer or exchange any Series 2006 Bond called for redemption during
the penod begirming thirty days prior to the date fixed for redemption and ending on the date fixed
for redemption: proVIded. hllwever, that this limitation shall not apply to the exchange by the Owner
of the unredeemed portion of a Series 2006 Bond called tor redemption in part.
Section 3.11. Cancellation of Series 2006 Bonds. All Series 2006 Bonds paid or redeemed
In accordance with this Resolution, and all Series 2006 Bonds in lieu of which exchange Series 2006
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Bonds or replacement Series 2006 Bonds are authenticated and delivered in accordance herewith,
shall be canceled and thereafter !reated in accordance with the Registrar's document retention
policIes
Section }, 12: Mutilated, Lost, or Stolen Series 2006 Bonds. Upon the presentation and
surrender to the Registrar of a mutilated Series 2006 Bond, the Registrar shall authenticate and
deliver In exchange therefor a replacement Series 2006 Bond of like maturity, Dated Date, interest
rate and principal amount. bearing a number not contemporaneously Outstanding. The Corporation
or the Registrar may requITe the Owner of such Series 2006 Bond to pay a sum sufficient to cover
any tax ur other governmental charge that may be imposed in connection therewith and any other
expenses connected therewith. mcluding the fees and expenses of the Registrar.
if any Senes 2006 Bond is lost. apparently destroyed, or wrongfully taken, the Corporation,
pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that
such Series 2006 Bond has been acquired by a bona fide purchaser, shall execute and the Registrar
shall authenticate and delIver a replacement Series 2006 Bond oflike maturity, Dated Date, interest
rate and principal amount. bearing a number not contemporaneously Outstanding, provided that the
Owner thereof shall have
, I ) furnished 10 the Registrar satisfactory evidence of the ownership of and the
circumstances of the loss. destruction or theft: of such Series 2006 Bond;
i 2) furnIshed such security or indemnity as may be required by the Registrar to
.,ave it and the Corporation harmless;
I .~) paId all expenses and charges in connection therewith, including, but not
limned to. printing costs, legal fees, fees of the Registrar and any tax or other
governmental charge that may be imposed; and
14 t met any other reasonable requirements of the Corporation and the Registrar.
If, after the delivery of such replacement Series 2006 Bond, a bona fide purchaser of the original
Series 2006 Bond in lieu of which such replacement Series 2006 Bond was issued presents for
payment such original Series 2006 Bond, the Corporation and the Registrar shall be entitled to
recover such replacement Series 2006 Bond from the person to whom it was delivered or any person
taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or
indemnity pnlVlded theretor to the extent of any loss. damage, cost or expense incurred by the
Corporation or the Registrar III connection therewith.
I f any such mutilated, lost, apparently destroyed or wrongfully taken Series 2006 Bond has
become or is about to become due and payable, the Corporation in its discretion may, instead of
issuing a replacement Senes 2006 Hand. authorize the Registrar to pay such Series 2006 Bond.
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Each replacement Series 2006 Bond delivered in accordance with this Section 3.12 shall be
entitled to the benefits and security of this Resolution to the same extent as the Series 2006 Bond or
Series 2006 Bonds in lieu of which such replacement Series 2006 Bond is delivered.
Section 3.13: Redemption. The Series 2006 Bonds are subject to redemption under the
condltions, on the dates, and for the redemption prices set forth in the Purchase Contract, which shall
be incorporated mto the Form of Bond set forth in Exhibit A hereto. Ifless than all of the Series
2006 Bonds are to be redeemed. the Corporation shall determine the particular Series 2006 Bonds
or pOltions thereof to be redeemed.
Principal amount~ may be redeemed only in integral multiples of $5,000. If a Series 2006
Bond subJect to redemption is in a denomination larger than $100,000. a portion of such Series 2006
Bond may be redeemed, but only in integral multiples of $5,000 and so long as the unredeemed
portion of any Series 2006 Bonds so redeemed in part is not less than $100,000. Upon surrender of
any Series 2006 Bond tor redemption in part, the Registrar, in accordance with Section 3.10 hereof,
shall authenticate and deliver in exchange therefor a Series 2006 Bond or Series 2006 Bonds of like
matunty. Dated Date, and interest rate m an aggregate principal amount equal to the unredeemed
portiun It/the Senes 200(> Bond so surrendered.
l nless waived by rhe Owner. notice of any redemption identifYing the Series 2006 Bonds to
be redeemed ill whole or ill part shall be given by the Registrar at least thirty (30) days prior to the
date fixed for redemptlon hy sending written notice by United States mail, first class postage prepaid,
to the Owner of each Senes 2006 Bond to be redeemed in whole or in part at the address shown on
the Register. Such notice.., shall state the redemption date, the redemption price, the place at which
Series 2006 Bonds are tt) be surrendered for payment and. if less than all Series 2006 Bonds
Outstanding of a particular maturitv are to be redeemed, the numbers of the Series 2006 Bonds or
portions thereof of such maturity to be redeemed. Any notice given as provided in this Section 3.13
shall be L'oncluslveJy presumed to have been duly given, whether or not the Owner receives such
notice By the date tixed fi)r redemption, due provision shall be made with the Registrar for payment
of the redemption price ot the Series 2006 Bonds or portions thereof to be redeemed, plus accrued
interest to the date fixed f()[ redemption When Series 2006 Bonds have been called for redemption
in whole or in part and due provision has been made to redeem the same as herein provided, the
Series 2006 Bonds or portions thereofso redeemed shall no longer be regarded as Outstanding except
for the purpose of receiving payment solely from the funds so provided for redemption, and the rights
of the Owners to collect interest which would otherwise accrue after the redemption date on any
Series 2006 Bond or portion thereof called for redemption shall terminate on the date fixed for
redemptlOI1.
Should ownership t. fthe Series 2006 Bonds be established in accordance with the book-entry-
only system of The Depository Trust Company ("DTC"), the Paying Agent for the Series 2006 Bonds
shall notifY DTC that in the exercise by DTC of the selection of Series 2006 Bonds for redemption,
the Series 2006 Bonds shall be so selected by DTC in such a manner that no beneficial owner of
Series 2006 Bonds shall o~n less than $1 00,000 in principal amount of any Series 2006 Bonds of any
one maturity.
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Section 3. 14 Lnnited Obligations. THE SERIES 2006 BONDS ARE A LIMITED
OBLIGATION OF THE CORPORA.TION, PAYABLE SOLELY, TOGETHER WITH THE
CURRLNTLY OtTSTANDING PARITY BONDS, OUT OF THE TRUST ESTATE, WHICH IS
THE SOLE ASSET OF THE CORPORATION PLEDGED THEREFOR. THE SERIES 2006
BONDS ARE OBLIGATIONS SOLELY OF THE CORPORATION AND DO NOT
CONSTITUTE. WITHIN THE MEANING OF ANY STATUTORY OR CONSTITUTIONAL
PROVISION, A1\ I1\DFBTEDNESS, AN OBLIGATION OR A LOAN OF CREDIT OF THE
CIT'! OF CORPl. S CHRISTI. 1 HE STATE OF TEXAS. NUECES COUNTY, TEXAS, DEL
MAR COLLEGE. NUICES COUNTY HOSPITAL DISTRICT. REINVESTMENT ZONE
NUMBER 1'\\0 CITY OF CORPUS CHRISTI. TEXAS. OR ANY OTHER MUNICIPALITY,
COt NTY. OR OTHF.R MUNICIPAL OR POLITICAL CORPORATION OR SUBDIVISION OF
THE STATE OF TEXAS NEITHER THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS DEL \1AR COLLEGE. NUECES COUNTY HOSPITAL DISTRICT NOR
REINVI~STMEN'I lONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS ARE
OBLIGATED TU MAKE PAYMENTS ON THE SERIES 2006 BONDS OR THE
OUTSTANDING PARITY BONDS.
ARTICLE IV
FORM OF SERIES 2006 BONDS AND CERTIFICATES
SectIOn 4.1. [0m1~. The tonn ()fthe Series 2006 Bonds. including the form of the Registrar's
authentication certificate. the j()fl11 of assignment, and the form of the Comptroller's Registration
Certiticate for the Senes 2006 Bonds to be initially issued. shall be in substantially the form as set
forth In Exhibit A tu this ResolutIon.
)ectlOn 4.2 Legal Opinion; (usip Numbers; Bond Insurance. The approving opinion of
Bond Counsel and CUSIP Numbers may be printed on the Series 2006 Bonds, but errors or
omissions in the printing of such opinion or such numbers shall have no effect on the validity of the
Series 2006 Bonds. Ifbond insurance IS obtained by the Underwriter, the Series 2006 Bonds may
bear an appropriate legend as proVIded by the insurer
I\RTICLF \
ADDITIONAL BONDS
~ectionU: AddItional Parity Bonds. The Corporation reserves the right to issue, for any
lawful purpose (including the refunding of any previously issued Parity Bonds), one or more series
of AdditIOnal Parity Bonds payable from and secured by a first lien on the Pledged Revenues, on a
parity WIth the Series 200., Bonds, the Series 2003A Bonds, the Series 2004 Bonds and the Series
2006 Bonds; provided. however. that Additional Parity Bonds may be issued only in accordance with
the pnlVISlons of Article 1[1 of the Indenture.
Section 5.2. Subordinate Lien Obligations. The Corporation reserves the right to issue, for
any lawful purpose. Subordinate Lien Obligations secured in whole or in part by liens on the Pledged
Revenues that are junior and subordinate to the lien on Pledged Revenues securing payment of the
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Parity Bonds" Such Subordinate Lien Obligations may be further secured by any other source of
payment lawfully available for such purposes.
SectlOn 5.3: Reserve Fund. No Reserve Fund has been established for the benefit of the
Series 2006 Bonds The Corporation reserves the right to establish a Reserve Fund for the benefit of
the Senes 2003 Bonds, the Series 2003A Bonds, the Series 2004 Bonds, the Series 2006 Bonds or
any Additional Panty Bonds.
SectlOn 5.4. Representations Regarding Series 2006 Bonds Issued as Additional Parity Bonds.
The Corporation hereby represents that
I a) The Serie~ 2006 Bonds mature on, and interest is payable on, the Principal Installment
Payment Dates and Interest Payment Dates, respectively; and
h) rhe Corporation is not In material default with the tenns of the Indenture, any Bond
Resolution. the Tri-Party '\greement or any other agreement to which it is a party.
The ( orporation further represents that upon the issuance of the Senes 2006 Bonds, the aggregate
princIpal amount of Parity Obligations issued by the Corporation to fund Project Costs will not
exceed ~ 12.000.000. and therefore the Corporation is not required to satisfY the requirements of
subsectlons (c) or (d) ,)f Section 3" 2 ofthe Indenture with respect to the issuance of the Series 2006
Bonds
'\RTICLE VI
GENERAL COVENANTS
SectIon 6.1 Punctual Payment of Parity Bonds. The Corporation will punctually payor
cause to be paid the interest on and principal of all Parity Bonds according to the tenns thereofand
will faithfully do and perfonn, and at all times fully observe, any and all covenants, undertakings,
stipulations and provisions contained in this Resolution and in any resolution authorizing the issuance
of Additional Parit") Bonds
Section 6.2: Maintenance ofTIRZ Two. So long as any Parity Bonds remain Outstanding,
the Corporation covenants that it will, within the limits of its authority, comply with all contractual
proviSIons and agreements entered lllto by it and with all valid rules, regulations, directions or orders
of any governmental, admmistrative, or judicial body promulgating same, noncompliance with which
would materially and adversely affect the operation of TIRZ Two.
Section 6.3 Accounts, Records, and Audits. So long as any Parity Bonds remain
Outstanding, the CorporatIon covenants and agrees that it will maintain a proper and complete system
of records and accounts pertaining to the operation ofTIRZ Two and the Corporation in which full,
true and proper entries will be made or all dealings, transactions, business and affairs which in any
way atfect or pertain to TIRZ Two, the Corporation or the Pledged Revenues. The Corporation shall
after the close of each Fiscal Year cause an Audit to be prepared by an independent certified public
-[2-
accountant or mdependent fiml of certified public accountants. All expenses incurred in preparing
Audits shall be mamtenance and operation expenses.
Section 6.4: Pledge and Encumbrance of Pledged Revenues. (a) The Corporation covenants
and represents that it has the lawful power to create a lien on and to pledge the Pledged Revenues
to secure the payment of the Parity Bonds and has lawfully exercised such power under the
Constitution and laws of the State nfTexas. The Corporation further covenants and represents that,
other than to the payment of the Parity Bonds, the Pledged Revenues are not and will not be made
subject to any other lien pledge or encumbrance to secure the payment of any debt or obligation of
the Corporation. unless such lien. pledge or encumbrance is junior and subordinate to the lien and
pledge securing payment ufthe Parity Bonds.
i b) The provistons of subsection (a) of this Section 6.4 notwithstanding, the lien on, pledge
of. and rights in and to the Pledged Tax Increments established, made, and granted in the Indenture
and pursuant to subscctJon (a) of this Section 6.4 shall constitute a first and senior lien thereon,
subject only to the nghts, if any of the holders of bonds or other obligations that have been
heretof()re or are hereafter issued by a Parttcipant that are payable from and secured by a general levy
of ad valorem taxes throughout the taxing jurisdiction of the Participant.
\ C) Each of the Pal1icIpanb has agreed to contribute its Contract Tax Increment to the Tax
Increment Fund. in accordance with the Act and its Participant Contract, and that each of the
PartiCIpants. other than the District, has agreed to contribute and is currently contributing as its
Contract Tax Increment 100% of its Tax Increment. Each of the Participants, other than the District,
has agreed to contribute ItS Contract Tax Increment to the Fund for the term of the Zone, which is
scheduled to expire on December) I. 2022. In the District Agreement, the District has agreed to
contribute 100% of 118 ( untract lax Increment to the Fund in the first five years of the District
Agreement, 80~[) of ItS I 'ontract Tax Increment to the Fund in the sixth year of the District
Agreement, 60~'[) of Its Contract fax Increment to the Fund in the seventh year of the District
Agreement, 40(~,o of Its ('ontract Tax Increment to the Fund in the eighth year of the District
Agreement, 2()'% of.ts f, 'ontract Tax Increment to the Fund in the ninth year of the District
Agreement, with such obhgation of the District ending after the ninth year of the District Agreement.
The (orporation \vIlluse reasonable efforts to cause the Participants to levy and annually assess and
collect ad valorem taxes at such rates and amounts as may be necessary and required to pay in full
and on a timely basIs all debt service reqUIrements on each Participant's respective outstanding bonds
or other obligations that are payable in whole or in part from and secured by a general levy of ad
valorem taxes throughout such Participant without resort to the use of any portion of the Contract
Tax Increment derIved frpm the tax collections of such Participants for such purpose, and to cause
the portIon of such taxes representing Contract Tax Increments to be paid to the Tax Increment Fund.
Section 6.5, Owners' Remedies [his Resolution shall constitute a contract between the
.'_.,---- ---' --
Corporation and the Owners of the Parity Bonds from time to time Outstanding and this Resolution
shall be dnd remain Irrepealable until the Parity Bonds and the interest thereon shall be fully paid or
discharged or provision therefor shall have been made as provided herein. In the event of a default
in the payment of the principal of or mterest on any of the Parity Bonds or a default in the
performance of any duty (if covenant proVided by law or in this Resolution, the Owner or Owners
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of any of the Parity Bonds may pursue all legal remedies afforded by the Constitution and laws ofthe
State at Texas to compei the Corporation to remedy such default and to prevent further default or
defaulb. Without in any way limiting the generality of the foregoing, It is expressly provided that any
Owner Ilf any of the Parity Bonds may at law or ill equity, by suit, action, mandamus, or other
proceedmgs. enforce and compel performance of all duties required to be performed by the
Corporation under this Resolution. the deposit of the Pledged Revenues into the special funds herein
provided. and the application of such Pledged Revenues in the manner required in this Resolution.
The j()regoing notwithstanding. acceleration ofthe Parity Bonds is not an available remedy. The sole
source of the Corporation available for the payment of debt service on the Bonds is and shall be the
Pledged Revenues
,"ectlOn 6.6 Discharge by DeposIt. The Corporation may discharge its obligation to the
Owners of any or all of the Parity Rands to pay principal, interest and redemption premium (if any)
thereon III any manner then pennitted by law, including, but not limited to, by depositing with any
paying agent for such Panty Bonds either: (i) cash in an amount equal to the principal amount and
redempt Ion premium. If any, of such Parity Bonds plus interest thereon to the date of maturity or
redemption, or (ii) pursuant to an escrow or trust agreement, cash and/or direct noncallable,
nonprepayable 'lbligatlon:-. of the United States of America, in principal amounts and maturities and
bearing interest at rates sufficient ;0 provide for the timely payment of the principal amount and
redempt Ion prelnium. jf any, of such Parity Bonds plus interest thereon to the date of maturity or
redemptIOn; provided. however. that if any of such Parity Bonds are to be redeemed prior to their
respective dates of matunty, proVision shall have been made for giving notice of redemption as
provided in the resoJutlOn authonzing such Parity Bonds Upon such deposit, such Parity Bonds shall
no longer be regarded to be Outstanding or unpaid.
Section 6.7 Registrar and rrustee May Own Parity Bonds. The Registrar and Trustee for
the Parity Bonds. in their corporate or any other capacity, may become holders or pledges of the
Parity Bonds With the ..,ame rights they v,ould have if they were not the Registrar or Trustee.
Section ().~. No Recourse Against Corporation Officials. No recourse shall be had for the
payment of principal of or interest on any Parity Bonds or for any claim based thereon or on this
Resolution agamst any official of the Corporation or any person executing any Parity Bonds. No
member of the Board 0 Directors of the Corporation or any officer, agent, employee or
representative of the Corporation in his individual capacity, nor the officers, agents, employees or
representatives of the Corporation nor any person executing the Series 2006 Bonds shall be
personally liable thereon or be subject to any personal liability or accountability by reason of the
issuance thereof. whether by virtue of any constitution, statute or rule oflaw, or by the enforcement
of any assessment or penalty, or otherwise. all such liability being expressly released and waived as
a condition of and in consideration f(lr the adoption of this Resolution and the issuance of the Series
2006 Bonds.
Section 6.9: punctual Payment of Contractual Obligations. The Corporation will punctually
payor cause to be paid any payment obligations made by the Corporation under the terms of a
contract hereafter executed and delivered by the Corporation of the nature described in Section 5.2.
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t\RTICLE VII
PROVISIONS CONCERNING SALE AND
APPLICATION OF PROCEEDS OF SERIES 2006 BONDS
Section 7.1. Execution of Documents to Effect Sale of Series 2006 Bonds. EachAuthorized
Representative and other appropriate officers, agents and representatives of the Corporation are
herehv authorized to do emy and all things necessary or desirable to provide for the issuance and
deliver) of the Series 2006 Bonds
Section 7.2. Application of Proceeds. Proceeds from the sale of the Series 2006 Bonds shall,
promptly upon receipt by the Trustee, be applied in the manner provided for in a certificate executed
by an Authorized Representative. Proceeds from the sale of the Series 2006 Bonds representing
premIUm, ifany, paid by the Undenvriter in connection with the sale of the Series 2006 Bonds may
be used for any purpose authorized by Section 1201.042(d), Texas Government Code, as directed
in a cert1f1cate executed bv an Authorized Representative.
ARTICLE VIII
lAX EXEMPTION
SectIon 8.1: General Tax Covenants. The Corporation covenants to refrain from any action
which would adversely affect, or to take any action to assure, the treatment of the Series 2006 Bonds
as obligations described 111 section 103 () f the Code, the interest on which is not includable in the
"gross mcome" of the holder f()r purposes of federal income taxation. In furtherance thereof, the
Corporation covenants as follows
\a) to lake any actIOn to assure that no more than 10 percent of the proceeds of
the Series 2006 Bonds or the projects fmanced therewith (less amounts deposited to a reserve
fund. if any) are used for any "private business use", as defmed in section l4l(b)(6) of the
Code or, ifmore than 10 percent of the proceeds are so used, that amounts, whether or not
received by the Corporation, with respect to such private business use, do not, under the
term.;; of this ()rdmance or any underlying arrangement, directly or indirectly, secure or
provide for the payment of more than 10 percent of the debt service on the Series 2006
Bonds. m contravention of section 141 (b)( 2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Series 2006 Bonds
or the projects financed therewith (less amounts deposited into a reserve fund, ifany) then the
amount to excess 0 f 5 percent is used for a "private business use" which is "related" and not
"disproportionate" within the meaning ofsection 141 (b)(3) of the Code, to the governmental
use;
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(c I 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 Series 2006 Bonds (less amounts deposited
mto a reserve lumL if any), IS directly or indirectly used to finance loans to persons, other than
,tate or local governmental units. m contravention of section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Series
2006 Bonds being treated as "private activity bonds" within the meaning of section 141(a) of
he Code;
e) to refram trom taking any action that would result in the Series 2006 Bonds
heing "federallv guaranteed" withm the meaning of section] 49(b) of the Code;
\ 1) to refrain from using any portion of the proceeds of the Series 2006 Bonds,
directly or mdJreclly, to acquire or to replace funds which were used, directly or indirectly,
to acqUire mvestment property (as defmed in section 148(b)(2) of the Code) which produces
a matenally hIgher yield over the term of the Series 2006 Bonds, other than investment
property acqUlred \vith --
( I ! proceeds ofthe Series 2006 Bonds invested for a reasonable temporary
penod of three years or less until such proceeds are needed for the purpose for which
1 he Senes?006 Bonds are issued.
(2) amounts mvested in a bona fide debt service fund, within the meaning
of scctlOn I 148-1 (b) of the Regulations. and
\ 3) amounts deposited in any reasonably required reserve or replacement
lund tu the extent such amounts do not exceed 10 percent of the proceeds of the
Sent'S :10011 Bonds;
(g) to otherwise restnct the use of the proceeds of the Series 2006 Bonds or
amounts treated as proceeds of the Series 2006 Bonds, as may be necessary, so that the Series
2006 Bonds do not otherwise contravene the requirements of section 148 of the Code
(relating to arbitrage) and, to the extent applicable. section 149(d) of the Code (relating to
advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Series 2006 Bonds) an amount that is at least
equal to 90 percent of the "Excess Earnings", within the meaning of section l48(t) of the
Code and to pay to the United States of America, not later than 60 days after the Series 2006
Bonds have been paid in full, 100 percent of the amount then required to be paid as a result
of Excess Fammgs under section 148(t) of the Code.
The CorporatIon understands that the term "proceeds" includes "disposition proceeds" as defined in
the Treasury Regulations and, in the case of a refunding bond, transferred proceeds (if any) and
proceeds of the refunded bonds expended prior to the date of the issuance ofthe Series 2006 Bonds.
It is the understanding oftne Corporation that the covenants contained herein are intended to assure
-16-
compliance with the ( ode 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
mod1f'y or expand provisions of the Code, as applicable to the Series 2006 Bonds, the Corporation
will not be required to comply with any covenant contained herein to the extent that such failure to
comply. in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption
from iederal income taxatlOn of interest on the Series 2006 Bonds under section 103 ofthe Code.
In the event that regulations OJ rulings are hereafter promulgated which impose additional
reqUIrements which are applicable to the Series 2006 Bonds, the Corporation agrees to comply with
the additional requirements to the extent necessary. in the opinion of nationally-recognized bond
counsel. 10 preserve the exemption from federal income taxation of interest on the Series 2006 Bonds
under section 103 of the Code. In furtherance of the foregoing, any Authorized Representative may
execute any certificates OJ other reports required by the Code and to make such elections, on behalf
of the ( orporation. which may be pennitted by the Code as are consistent with the purpose for the
issuance of the Series 200h Bonds. In order to facilitate compliance with the above clause (h), there
has been established In the Indenture a "Rebate Fund" for the sole benefit of the United States of
Amenca. and such Rebate Fund shall not be subject to the claim of any other person, including
without lirnitation the RegIstered Owners of the Series 2006 Bonds. The Rebate Fund is established
for the additIOnal purpose of compliance with section 148 of the Code.
SectIOn 8.2 :~llocation ot~ and Ll11utation on, Expenditures for the Project. The Corporation
covenants to account for nn its books and records the expenditure of proceeds from the sale of the
Series 2006 Bonds and any investment earnings thereon to be used for the payment of Project Costs
by allocating proceeds to expenditures within 18 months of the later of the date that (a) the
expenditure on a Project is made or (b) each such Project is completed. The foregoing
notwlthstandmg. the Corporation shall not expend such proceeds or investment earnings more than
60 da vs after the later ,)f (d) the tlfth anmversary of the date of delivery of the Series 2006 Bonds or
(b I tlw date the Sefll's 2006 Bonds are retired, unless the Corporation obtains an opinion of
nationally-recognized bond counsel substantially to the effect that such expenditure will not adversely
affect the tax-exempt status of the Series 2006 Bonds. For purposes ofthis Section, the Corporation
shall not be obligated to c\\mply with this covenant ifit obtains an opinion of nationally-recognized
bond counsel to the eflect that such failure to comply will not adversely affect the excludability for
federa! I1lcome t ax purposes from gross Illcome 0 f t he mteresL
~ection 8.3. DispOSition of Project. The Corporation covenants that the property constituting
a ProJect will not be ...,old or otherwise disposed in a transaction resulting in the receipt by the
Corporation of cash or other compensation, unless the Corporation obtains an opinion ofnationally-
recognized bond counsel substantially to the effect that such sale or other disposition will not
adversely affect the tax-exempt status of the Series 2006 Bonds. For purposes of this Section, the
portion '.If the property comprising personal property and disposed of in the ordinary course of
business ..,hall not be treated as a transaction resulting in the receipt of cash or other compensation.
For purposes of th]s Section, the Corporation shall not be obligated to comply with this covenant if
it obtams an opimon oj nat lOnal1y-recognized bond counsel to the effect that such failure to comply
will not adversely affect the excludability for federal income tax purposes from gross income of the
interest on the Senes 2006 Bonds
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ARTICLE IX
~ONTINUING DISCLOSURE UNDERTAKING
Section 9. I. Annual Reports. (a) That the Corporation shall provide annually, within six
months after the end of each Fiscal Year ending in or after 2006, fmancial information and operating
data with respect to the Corporation of The general type described in Exhibit B hereto provided that
such mtc)rmation and data is customarily prepared by the Corporation. Such information shall be
provided to any person upon request made to the Corporation provided that the Corporation reserves
the right at any time to commence making such annual filings with the SID (if any, and ifnone, to
each NRMSIR) ill lieu of providing such information upon request. Any financial statements so to
be proVIded shall be ( I ) prepared in accordance with the accounting principles described in Exhibit B
hereto. or such other accounting prmciples as the Corporation may be required to employ from time
to time pursuant to 'itate law or regulation. and (2) audited, if the Corporation commissions an audit
of such statements and the audit is completed within the period during which they must be provided.
If the audit ofsuch tlnancial statements LS not complete within such period, then the Corporation shall
provide unaudited financIal statements by the required time and shall provide audited [mancial
statements for the applicable Fiscal Year to each NRMSIR and any SID. when and ifthe audit report
on such ..,tatements oen)Ow available.
( h) If the ('L)rporat Ion changes Its Fiscal Year, it will notifY the SID of the change (and ofthe
date of the new Fiscal Year end) prior to the next date by which the Corporation otherwise would
be required to provide tinancial information and operating data pursuant to this Section. The financial
informatlOn and operat mg 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
statemem or other offering document, if it is available from the MSRB) that theretofore has been
provided to the SID or filed with the SE<'
Section 9.2: Matenal Event Notices. The Corporation shall notifY any SID and the MSRB,
ina timely manner. of any of the following events with respect to the Series 2006 Bonds, ifsuch event
IS material within the meanmg of the federal securities laws:
-,
!)rincipal and interest payment delinquencies;
\Ion-payment related defaults;
I ]nscheduled draws on debt service reserves reflecting fmancial difficulties;
llnscheduled draws on credit enhancements reflecting [mancial difficulties;
Substitution (If credit or liquidity providers, or their failure to perform;
\dverse tax opinions or events affecting the tax-exempt status of the Series
':::006 Bonds;
Modifications to rights of holders of the Series 2006 Bonds;
Series 2006 Bond calls;
I )efeasances;
Release, substitution, or sale of property securing repayment of the Series
2006 Bonds; and
Rating changes.
3
4
:\
6
7
8
Ii.
In.
II
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The Corporation shall notifY any SID and the MSRB, in a timely manner, of any failure by the
Corporation to provide financial information or operating data in accordance with Section 9.1 by the
time required by such Section. Any filing under this Section may be made solely by transmitting such
filing to the MAC as provided at http)/www.disclosureusa.org, unless the SEC has withdrawn the
interpretIve advIce stated ill its letter to the MAC dated September 7. 2004.
Section 9.3: LiIrutations, Disclaimers, and Amendments. (a) The Corporation shall be
obligated to observe and perform the covenants specified in this Article for so long as, but only for
so long as, the CorporatIOn remains an "obligated person" with respect to the Series 2006 Bonds
withm the meaning of the Rule, except that the Corporation in any event will give notice of any
deposit made in accordance with this Resolution or applicable law that causes Series 2006 Bonds no
longer In be Outstandlllg
i b) The provIsion, of this Article are for the sole benefit of the holders and beneficial owners
of the Series 2006 Bonds. and nothmg III this Article, express or implied, shall give any benefit or any
legal or equitable nghL remedy. or claim hereunder to any other person. The Corporation undertakes
to pruv!de onl) the finanCIal mforrnatioll. operating data, fmancial statements, and notices which it
has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any
other mti)rmation thaI may be relevant or material to a complete presentation of the Corporation's
financial results, condltioll, or prospects or hereby undertake to update any information provided in
accordance with this Artic Ie or otherwise, except as expressly provided herein. The Corporation does
not make any representatIOn or warranty concerning such information or its usefulness to a decision
to inveST III or sell Senes~006 Bonds at any future date
cJ UNDER \10 CIRCUMSTANCES SHALL THE CORPORATION BE LIABLE TO
THE H( )LDER OR BEN EFlClAL OWNER OF ANY SERIES 2006 BOND OR ANY OTHER
PERSON. IN CONTRACTOR TORT, FOR DAMAGES RESULTING IN WHOLE ORIN PART
FROM AN)' BREACH BY THE CORPORATION, WHETHER NEGLIGENT OR WITHOUT
FAULT ON ITS PA.RT. UF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY
RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACOn NT OF I\NY";UCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
(d) No deiault by the Corporation III observing or performing Its obligations under this Article
shall comprise a breach of ur default under this Resolution for purposes of any other provision of this
Resoiution. Nothmg in thiS Article is intended or shall act to disclaim waive, or otherwise limit the
dutie" olthe Corporation under federal and state securities laws.
(cl The proviSIOns of this Article may be amended by the Corporation 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 Corporation, but only if (1) the
provisions of this Article, 1S so amended. would have pennitted an underwriter to purchase or sell
-19-
Serie" 2006 Bonds in the primary offering of the Series 2006 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 ofa majority in aggregate principal amount (or
any greater amount reqUlred by any other provision of this Resolution that authorizes such an
amendment) of the outstanding Series 2006 Bonds consent to such amendment or (B) a person that
IS unaffiliated with the Corporation (such as nationally recognized bond counsel) detennines that such
amendment \vill no! materIally impair the mterest of the holders and beneficial owners of the Series
2006 Honds. If the Corporation sp amends the provisions of this Article, it shall include with any
amended tinanclallllforrnation or operatmg data next provided in accordance with Section 9.1 an
explanatIOn, m narrative f(,rrn. of the reason for the amendment and of the impact of any change in
the type of financial mf()rrnation or operating data so provided. The Corporation may also amend or
repeal the provlsions of this continuing dIsclosure agreement if the SEC amends or repeals the
applicable provisioll 01 the Rule or a co urt of final jurisdiction enters judgment that such provisions
of the Rule are Inva!id. bu only if and to the extent that the provisions of this sentence would not
prevem an underwrIter from lawful!:-- pure hasing or selling Series 2006 Bonds in the primary offering
of the Senes 2006 Honds
ARTICLE X
APPROVAL AND AFFIRMATION OF AGREEMENTS
The Board hereby approves issuance of the Series 2006 Bonds. The Board heretofore has
approved the Indenture and the Tri-Party Agreement, and does hereby affirm that the Indenture and
the Tri-Party Agreement each apply to the Series 2006 Bonds. The Board hereby represents that no
amendments or supplements have been made to either the Indenture or the Tri-Party Agreement since
the date of delivery oflhe ~eries 2004 Bonds. In connection with the issuance ofthe Series 2006
Bonds. the Board hereby approves the following: the Paying Agent Agreement by and between the
CorporatIon and jPMorgan Chase Bank, National Association, in substantially the form attached
hereto as Exhibit C: and the Purchase Contract, in substantially the form attached hereto as Exhibit
D; and any and all other documents and agreements reasonable and necessary to issue the Bonds
(collect !vely, the "Agreements") The Board, by a majority vote of its members, at a meeting duly
held fin such purpose, hereby apprllVes the form, terms, and provisions of the Agreements and
authorl7e" the execut iOI1 and deliverv of the Agreements
ARTICLE XI
MISCELLANEOUS
Section 11.]. Further Proceedmgs. The President, any Vice President, the Executive
Director, the Secretary, the Assistant Secretary and other appropriate officials of the Corporation are
hereby authorized and directed to do any and all things necessary and/or convenient to carry out the
mtent, purposes and temlS 0 tthis Resolution, including the execution and delivery of the Agreements
and such certifIcates, documents or papers deemed necessary and advisable in connection with the
delivery of the Series 2006 Bonds
-20-
SectIOn 11.2. Se\ erabilitv If any Section, paragraph, clause or provision of this Resolution
shall tor any reason be he Id to be invalid or unenforceable, the invalidity or unenforceability of such
SectIOn. paragraph, clau-;e or provisIOn "hall not affect any of the remaining provisions of this
Reso IUllon.
SectIon 11.3. QQen Meeting. It IS hereby officially found and determined that the meeting
at which this Resolution was adopted was open to the public. and that public notice ofthe time, place
and purpose ofsaJd meeting was given. all as required by the Texas Open Meetings Act, Chapter 551,
Texas (,ovemment Code
)ectlonllA: Parties Interested. '\othing in this Resolution expressed or implied is intended
or shall be constmed to confer upon. or to give to, any person or entity, other than the Corporation,
the RegIstrar. and the Owners 0 f the Senes 2006 Bonds. any righL remedy or claim under or by
reason ,If this Resolution or any covenant, condition or stipulation hereof, and all covenants,
stipulations. promIses aM agreements ill this Resolution shall be for the sole and exclusive benefit of
the Corporation. the Reglstrar. and the Owners of the Series 2006 Bonds.
)ectlOn 115: ~ealer All orders. resolutions and ordinances, or parts thereof, inconsistent
herewith are hereby repealed to the extent of such inconsistency.
SectIon 1 ] .6: Eftective Date. This Resolution shall become effective immediately upon
passage by this Corporation and signature of the President of the Corporation.
PASSED,\ND APPROVE D this :iOth day of May. 2006.
By
Name: Henry Garrett
Title: President
A Tn S T
By:__ _______.__
Name- ..:.,;\rmando C~~_
Title: .5ecreta!y"__
(SEAL)
-21-
LIST OF EXHIBITS
f XlilBIT A
E XliIBIT B
FXHIBITC
FXHIHITD
FORM OF BOND
CONTINUING DISCLOSURE INFORMATION
PA VINCi AGENT AGREEMENT
BOND PURCHASE AGREEMENT
EXHIBIT A:
FORM OF BOND
Umted States of America
State of Texas
Registered
Registered
NOR fH PADRE ISLAND DEVELOPMENT CORPORA nON
r AX INCREMENT CONTRACT REVENUE BOND
SERIES 2006
INTERLST RATI'
MA TURlTY DATE
DELIVERY DATE'
CUSIP:
REGISTERED O\VNER
PRINCIPAL AMOUNT
DOLLARS:
fhe NORTH PADRE ISLAND DEVELOPMENT CORPORATION (the "Issuer"), a not-
for-profitlocaIgovemment corporation created under authority ofChapter431, Subchapter D, Texas
Transportation Code (the 'Act") by the City of Corpus Christi, Texas (the "City"), for value received,
promIses to pay. but so lei) from certain Pledged Revenues as hereinafter provided, to the Registered
Owner identified above or ,'egistered assigns, on the Maturity Date specified above, upon presentation
and surrender ofthls Bom! at the designated corporate trust office in Dallas, Texas (the "Designated
Trust Otlice") of lPMorgan Chase Bank. National Association, as registrar (the "Registrar"), the
princIpal amount identified above, in any coin or currency of the United States of America which on
the date of payment of such principal is legal tender for the payment of debts due the United States
of Amenca, and to pay. solely from such Pledged Revenues, interest thereon at the rate shown above,
calculated on the basis ofa 360-day year of twelve 30-daymonths, from the later ofthe Dated Date
(hereinafter defined I ofthe Bonds, or the most recent interest payment date to which interest has been
paid or duly provided for. Interest on this Bond is payable by check on March 15 and September 15,
beginmng on__ 15,200_, mailed to the Registered Owner as shown on the books of registration
kept by the RegIstrar as orthe last Busmess Day of the month next preceding each interest payment
date (the "Record Date"), ;)r by such other method, acceptable to the Registrar, requested by and at
the risk dnd expense 0 f the Registered Ovvner. If interest on this Bond is not paid on any interest
payment date specltled abeve, and contmues unpaid for thirty (30) days thereafter, the Registrar shall
establlsn a neVv Record Date for the payment of such interest (a "Special Record Date"). Such
SpeCIal Record Date shall be established in accordance with the terms of the hereinafter defmed
Resolutiun,
nus B01\D IS ONE Of A DULY AUTHORIZED SERIES OF BONDS dated as of
- 2006 (the "Dated Date"), aggregating $2,900,000, issued for the purpose of (1) paying
Project Costs and (2) paYlllg Costs ofI ssuance, all under and pursuant to the authority of the Act and
all other applicable laws, and a resolution adopted by the Issuer on May 30,2006 (the "Resolution").
None 0 r the proceeds of 1 he Bonds shall be used tor the purpose of paying or otherwise providing
for educational facilitIes. All defIned terms not herein defmed shall have the meaning attributed
thereto III accordance with the terms of the Resolution or the Indenture of Trust dated as of February
I, 2003 between lhe Issuer and JPMorgan Chase Bank, National .\ssociation (the successor to
IPMorgan Chase Bank), as trustee (the "Indenture of Trust")
THIS BOND AND THE SERIES OF WHICH IT IS A PART are limited obligations of the
Issuer that are payable from, and are equally and ratably secured. together with the currently
outstandmg "Parity Bonds", as de tined m the Indenture of Trust, by a fIrst lien on the "Pledged
Revenues", as defined and provided in the Indenture of Trust, which Pledged Revenues are required
to be..;el aSide and pledged to the payment of the Bonds and all additional bonds and parity
contractual oblIgations issued or entered into on a parity therewith, in the Debt Service Fund
maintamed for the payment of all such Bonds, all as more fully described and provided for in the
Resolution. fhls Bond and the senes of v,hich it IS a part. together with the interest thereon, are
payable ~oleh from ..;ueh Pledged Revenues.
1 HE BONDS mal be redeemed only in prinCipal amounts of $100,000 or any integral
multiple of$5,OOO in excess thereol: at the option of the Issuer, on September 15,200_, or on any
date thereafter. at the redemption price of par plus accrued interest to the date fixed for redemption,
plus a premium as set lorth below. to-wIt
fiedemptlon Dates \ dates inclUSive)
. ________fremium (%)
I fless than all of the Bonds are to be redeemed by the Issuer. the Issuer shall determine the maturity
or maturities and the amounts therewith to be redeemed and shall direct the Registrar to call by lot
Bonds, or portions thereot within such maturity or maturities and in such principal amounts, 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 he selected in accordance with the arrangements between the
Issuer and the secunties depository: and provided, .further, that no Bonds shall be redeemed in a
manner where the RegIstered Owner thereof shall own Bonds in a denomination of less than
S 100,000
fHE BONDS are also subject to mandatory redemption in part by lot on September 15 in the
following years and in the f()llowing amounts, at a price equal to the principal amount thereof and
accrued and unpaid interest to the date of redemption, without premium:
_Vear___
Principal Amount __
Year
Principal Amount
* Final Maturity
fHE BONDS to be redeemed in any year by mandatory sinking fund redemption shall be
selected by lot /Tom the Bonds then subject to redemption; provided, that ifany Bond is selected for
redemptiOn m part it shall not be redeemed in an amount that would, upon exchange, result in a Bond
in a denominatlOn less than $100.000
['HE PRINCIPAl AMOUNT OF BONDS requITed to be redeemed on each such redemption
date pursuant to the foregoing operation of the mandatory sinking fund redemption shall be reduced,
at the option 01 the Issuer. by the principal amount of the Bonds which, at least 45 days prior to the
mandatory sinkmg fund redemption date. ( I ) shall have been acquired by the Issuer and delivered to
the Registrar tc)r cancellal Ion or (2) shall have been acquired and canceled by the Registrar at the
direction of the Issuer, 1Jl either case of (I) and (2) at a price not exceeding the par or principal
amount of such Bonds, ur (3) shall have been redeemed pursuant to the optional redemption
prOVlSlO ns described above and not thereto fore credited against a mandatory sinking fund redemption.
During any penod III which ownership of the Bonds is determined by a book entry at a securities
depOSitory for the Bonds. iffewer than all of the bonds of the same maturity and bearing the same
interest rate are to be redeemed. the particular Bonds of such maturity to be redeemed shall be
selected m accordance V> Ith the arrangements between the Issuer and the securities depository;
provided, that if any Bond is selected ICH redemption in part it shall not be redeemed in an amount
that would result, upon exchange. III a Bond in a denomination less than $100,000.
UNLESS WAJVED BY THE OWNER, NOTICE OF ANY REDEMPTION shall be given
at least thirty (30) days prior to the date fIxed for redemption by United States mail, first class
postage prepaid, addressed to the Registered Owners of each Bond to be redeemed in whole or in
part at the address shown on the books of registration kept by the Registrar. When Bonds or
portions thereof have been called tor redemption, and due provision has been made to redeem the
same, the principal amounts so redeemed shall be payable solely from the funds provided for
redemptlon, and interest which would otherwise accrue on the amounts called for redemption shall
terminate on the date fixed for redemptIOn
i HIS BOND IS TRANSFERABLE only upon presentation and surrender at the Designated
Trust Ot1ice of the Registrar, duly endorsed for transfer or accompanied by an assignment duly
executed by the Registered Owner or his authorized representative, subject to the terms and
conditions ofthe Resolutilm.
THIS BOND IS EXCHANGEABLE at the Designated Trust Office of the Registrar for
Bonds in principal amounts only in Authorized Denominations, subject to the terms and conditions
of the Resolution.
'\iEITHER THE ISSUER NOR THE REGISTRAR shall be required to transfer or exchange
any Bond during the period beginrung on the fIfteenth calendar day of the month next preceding any
interest payment date and ending on the next succeeding interest payment date or to transfer any
Bond called for redemptieon during the 30 day period prior to the redemption date.
J )URlNG :\NY PfRIOD in whIch ownership of the Bonds is determined onIybyabook entry
at a securities depository lor the Bonds. if fewer than all of the Bonds of the same maturity and
bearing the same interest rdte are to be redeemed, the particular Bonds of such maturity and bearing
such mterest rate shall be...elected in accordance with the arrangements between the Issuer and the
securities depOSItory; pro\lded, however. that no Bonds shall be redeemed in a manner where the
beneficial owner thereof shall own Bonds in any Authorized Denomination.
T HIS BON D shall not be valid or obligatory tor any purpose or be entitled to any benefit
under the Resolution unless this Bond is either (i) registered by the Comptroller of Public Accounts
of the State of Texas by regIstration certificate attached or affixed hereto or (ii) authenticated by the
Registrar by due execution of the authentication certificate endorsed hereon.
THE ISSUER HAS RESERVED THE RIGHT to issue additional parity Tax Increment
Contract Revenue Bonds, subject to the restrictions contained in the Resolution, which may be
equally and ratably payable from, and secured by a fIrst lien on and pledge of, the Pledged Revenues
ill the same manner and to the same extent as this Bond and the series of which it is a part.
T HE BON OS AND ANY OUTST ANDING TAX INCREMENT CONTRACT REVENUE
BONDS ARE A LIMITED OBLIGATION OF THE CORPORATION, PAYABLE, TOGETHER
WITH THE CURRENTL" OUTSTANDING PARITY BONDS, SOLELY OUT OF THE TRUST
ESTAlE. WHICH IS THL SOLE ASSET OF THE CORPORATION PLEDGED THEREFOR.
THE BONDS AND ANY OUTSTANDING T AX INCREMENT CONTRACT REVENUE BONDS
ARE < lBLlGATIONS SOLELY OF THF CORPORATION AND DO NOT CONSTITUTE,
WITHIN rf-IE MEANING OF ANY STATUTORY OR CONSTITUTIONAL PROVISION, AN
INDEBTEDNESS, AN OBLIGATION OR A LOAN OF CREDIT OF THE CITY, THE STATE
OF rF XAS, NUECES (OUNTY. TEXAS, DEL MAR COLLEGE, NUECES COUNTY
HOSPlT AL DISTRICT, REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS
CHRISTl TEXAS. OR ANY OTHER MUNICIPALITY, COUNTY, OR OTHER MUNICIPAL
OR POLITICAL CORPORATION OR SUBDIVISION OF THE STATE OF TEXAS. NEITHER
THE CITY, T\JUECES COUNTY. TEXAS, DEL MAR COLLEGE, NUECES COUNTY
HOSPITAL DISTRICT NOR REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS
CHRISTI rEXAS ARE OBLIGATED TO MAKE PAYMENTS ON THE BONDS AND ANY
OUTSTANDJNC, TAX IN< 'REMENT CONTRACT REVENUE BONDS.
SHOULD EACH PARTICIPANT TIMEL Y CONTRIBUTE ITS TAX INCREMENT TO
THE TAX INCREMENT FUND. AND THE CITY TRANSFERS ALL OF THE TAX
INCREMENTS FROM THE TAX INCREMENT FUND TO THE ISSUER IN ACCORDANCE
WITH TH E TERMS OF THE TRl-P ARTY AGREEMENT, AND SUCH TAX INCREMENTS TO
BE TRANSFERRED ARE \jOT SUFFICIENT FOR THE PAYMENT OF THE PRINCIPAL OF
OR INTEREST ON THE BONDS ON THE DATE WHEN SUCH PRINCIPAL OR INTEREST
BECOMES DUE AND P A '{ ABLE, AN EVENT OF DEF AUL T SHALL NOT BE DEEMED TO
llAVE (I(('URRED UNDER THE TERMS OF THE INDENTURE OF TRUST.
IT' IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and
validly Issued and delivered; that all acts, conditions, and things required or proper to be performed,
exisL and be done precedent to or m the issuance and delivery of this Bond have been performed,
existed. and been done in accordance with law; that the Bonds do not exceed any statutory limitation;
and thaT provisIOn ha~ been made lor the payment of the principal of and interest on this Bond and
all 01 rhl' Bonds bv the creation ofthe aforesaid lien on and pledge of the Pledged Revenues,
iN WITNFSS WIIEREOF the Issuer has caused this Bond to be executed by the manual or
facsimile signatures oftht' President and the Secretary,
!\.iORTII P A..DRE ISLAND DEVELOPMENT CORPORATION
President. Board of Directors
Secretary. Board of Directors
(SEA L I
FORM OF REGISTRATION CERTIFICATE
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certifY that this Bond ha~ been examined, certified as to validity, and approved by
the Attorney General 0 fthe State ofT exas. and that this Bond has been registered by the Comptroller
of Public Accounts of the-;tate of r exas.
WITNESS MY SIGNATURE AND SEAL this
Comptroller of Public Accounts
of the State of Texas
(SEAl. )
EQ&M OF REGISTRAR'S AUTHENTICATION CERTIFICATE
Al THENTICATION CERTIFICATE
It IS hereby certitled that this Bond has been delivered pursuant to the Resolution described
in the text of thIs Bond; and that this Bond is one of a series of Bonds approved by the Attorney
General of the State ofT t'xas and regIstered by the Comptroller of Public Accounts of the State of
Texa"-
IPMORGAN CHASE BANK. NATIONAL ASSOCIATION,
dS Registrar
Bv
Authorized Signature
Date of Authentication:
FORM OF ASSIGNMENT
ASSIGNMENT
r or value received, the undersigned hereby sells. assigns, and transfers unto
(Please print or type name, address. and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the WIthin Bond and all rights thereunder. and hereby irrevocably constitutes and appoints
attorney to transfer said Bond on the b()oks kept for registration thereof, with full power of
substitutIOn in the premise"
DATED:
Signature Guaranteed'
Registered Owner
NOTICE Signature must be
guaranteed by an mstitution which
is a partiCIpant in the SeCUrIties
Transfer Agent Medallion Program
("ST AMP") or similar program.
NonCE: The signature above must correspond
to the name of the Registered Owner as shown
on the face of this Bond in every particular,
without any alteration, enlargement or change
whatsoever
Exhibit B
to
Resolution
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
rhe t()IlO\\ mg mtormation is referred to in Section 9.] of this Resolution.
Annual Financial Statements and Operating Data
rhe tinanclal infOlmation and operating data with respect to the Corporation to be provided
annually in accordance with such Section are as specified (and included in the Appendix or under the
headings of the Limited Offering Memorandum referred to) below:
i The mtonnatlon of the general type included in Tables 1 through 3 ofthe Limited Offering
Memorandum.
) "Financial Statements of the North Padre Island Development Corporation".
Accounting Principles
rhe accounting pnnciples retelTed to in such Section are the accounting principles described
in thl' notes to the t1nancial statements refelTed to in paragraph 2 above.
PAYING AGENT AGREEMENT
THIS P A YINCi A( lENT AGREEMENT entered into as ofJune 1,2006 (this "Agreement"),
by and hetween the Nortb Padre Island Development Corporation (the "Issuer"), and lPMorgan
Chase Bank, National A.ssociation, a national banking association duly organized and existing under
the laws urtbe United Stales of America (the "Bank")
RECITALS
WHEREAS. the Issuer has duly authorized and provided for the issuance of its Tax Increment
Contract Revenue Bonds. Series 2006, III the aggregate principal amount of $2,900,000 (the
"Secunties"). such SecuritIes to he issued in fully registered form only as to the payment of principal
and interest thereon: and
WHEREAS. the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the princIpal of, premium, ifany, and interest on said Securities and
with respect to the registrat ion, transfer and exchange thereofby the registered owners thereof; and
\\ HEREt\S. the Bank has agreed to serve in such capacities for and on behalf of the Issuer
and ha-, till I power and authority to perfon11 and serve as Paying Agent/Registrar for the Securities;
'\lOW. THEREFORE, it is mutuallv agreed as follows:
.\RTlCLE ON E
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01. Appointment.
rhe Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities.
As Paymg Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer
the principal, premium (if any), and mterest on the Securities as the same become due and payable
to the registered owners thereof. all in accordance with this Agreement and the "Resolution"
(hereinafter detined)
rhe Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar
for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records
as to the ownership of said Securities and with respect to the transfer and exchange thereof as
provided herein and m the Resolution.
rhe Bank hereby accepts its appomtment, and agrees to serve as the Paying Agent and
Registrar j()r the SecuritIes.
Section 1.02. Compensation.
\s compensation tor the Bank'" services as Paying Agent/Registrar, the Issuer hereby agrees
to pay the Bank the fees and amounts as may be agreed upon in writing. The initial fees and amounts
payable for the Bank's services as Paymg Agent/Registrar are as set forth in Exhibit A attached
heret",
In additJon, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with any of the
provlsions hereof(mcluding the reasonable compensation and the expenses and disbursements of its
agents and counsel).
-\RTICLE TWO
DEFINITIONS
Section 2.01. Definitions.
lor all purposes l' f this Agreement. except as otherwise expressly provided or unless the
context otherwlse requires:
,\cceleration Date" on any Security means the date on and after which the principal or any
or all mstallments qf Illterest, or both, are due and payable on any Security which has become
accelerated pursuant to the terms of the Security.
"Bank ()ftice" means the prinCIpal corporate trust office of the Bank as indicated on the
signature page hereol The Bank will notifY the Issuer in writing of any change in location of the
Bank Office
'Code" means the Internal Revenue Code of 1986, as amended.
'Fiscal Year" means the twelve ( 12) month period commencing on Augustl ofa calendar year
and ending July 3 I of the next succeeding calendar year. or such other consecutive twelve (12) month
period as determined bv the Issuer
"Holder" and "Security Holder" each means the Person in whose name a Security is registered
in the Security Register
"Issuer Request" and "Issuer Order" means a wntten request or order signed in the name of
the Issuer by the Executiw Director of the Issuer, the President or the Vice President of the Issuer,
anyone ()r more of said officials, or any other person designated by the Issuer, and delivered to the
Bank
"Legal Holiday' means a day on which the Bank is required or authorized to be closed.
')
~"-~
<, Person" means am individual, corporation, partnership, joint venture, association, joint stock
compan)- trust, unmcorpc,rated organization or government or any agency or political subdivision
of a government.
"Predecessor Securities" of any partIcular Security means every previous Security evidencing
all or a portion of the same obligatlon as that evidenced by such particular Security (and, for the
purpose~ of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement
Secunty has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the
Resolution ).
"Proceedings" 'neans the Resolution and the Trust Indenture
"Redemption Date' when used with respect to any Bond to be redeemed means the date fixed
for such redemption pursuant to the terms of the Resolution.
"ResolutlOn" means the resolution. order, or ordinance of the governing body of the Issuer
pursuant to which the Securities are issued. certified by the Secretary or any other officer of the
Issuer and delivered to the Bank.
'Responsible Officer" when used with respect to the Bank means the officer(s) in the
corporate trust serVlCes department (}fthe Rank having direct responsibility for administration of the
Seeurit le~
'Security Register" means a register maintained by the Bank on behalf of the Issuer providing
for the registration and transfer of the Securities.
'Stated Maturity" means the date specified in the Resolution the principal of a Security is
scheduled to be due and pavable
'Trust Indenture" means the Indenture of Trust by and between the Issuer and IPMorgan
Chase Bank. National Association (as successor to IPMorgan Chase Bank), as trustee, dated as of
Februarv I. 2003
Section 2.02. Other Definitions.
--.--. .
rhe tenns "Bank." Issuer." and "Securities (Security)" have the meanings assigned to them
m the recital paragraphs of r his Agreemem
rhe tenn "Paying Agent/Reglstrar" refers to the Bank in the perfonnance ofthe duties and
functions () f this Agreement
-3-
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent.
\s Paymg i\gent. the Bank shall, provided adequate collected funds have been provided to
it for 'iuch purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each
Secunt) at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender
of the Secunty to the Bank at the Bank Cltlice.
\s Paymg Agent, the Bank shalL provided adequate collected funds have been provided to
it for such purpose by or on behalf of the Issuer. pay on behalf of the Issuer the interest on each
Secunty when due, by computing the amount of interest to be paid each Holder and preparing and
sending checks by United States maiL first class postage prepaid, on each payment date, to the
Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the
address appearing on the Security Register or by such other method, acceptable to the Bank,
requeskd in writing bv the Holder at the Holder's risk and expense.
Section 3.02. Payment Dates.
rhe Issuer hereby Instructs the Bank to pay the principal of and interest on the Securities on
the dates specified m the Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Security Register - Transfers and Exchanges.
rhe Bank agrees ! 0 keep and mamtain for and on behalf of the Issuer at the Bank Office
books and records (herein sometimes referred to as the "Security Register") for recording the names
and addresses of the Holders of the Securities, the transfer, exchange and replacement of the
Securities and the payment of the principal of and interest on the Securities to the Holders and
containing such other information as may be reasonably required by the Issuer and subject to such
reasonable regulatlon~ as the Issuer and the Bank may prescribe. >\ll transfers, exchanges and
replacement of Securities ~hall be noted 111 the Security Register.
L very Secunty surrendered tor transfer or exchange shall be duly endorsed or be accompanied
by a written instrument of transfer, the signature on which has been guaranteed by an officer of a
federal or state bank or d member of the National Association of Securities Dealers, in form
satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing.
] he Bank may request any supporting documentation it feels necessary to effect a re-
registratIon, transfer or exchange 0 f the Securities.
-4-
10 the extent posslble and under reasonable circumstances, the Bank agrees that, in relation
to an exchange or transfer of Securities. the exchange or transfer by the Holders thereof will be
completed and new Securil1es delivered tll the Holder or the assignee of the Holder in not more than
three (3) busmess days after the receipt of the Securities to be cancelled in an exchange or transfer
and the written Instrument oftransler or request for exchange duly executed by the Holder, or his
duly authorized agent. III form and mannel satisfactory to the Paying Agent/Registrar.
The Bank may utilize the services of an agent, to act on behalf of the Bank, in the
perfonnance of the services of registrar under the terms of this Agreement
Section 4.02. Certificates.
The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or
exchanges thereof The Bank covenants that the inventory of printed Securities will be kept in
safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such
Secufltles in safekeeping, which shall be not less than the care maintained by the Bank for debt
securities of other political subdiviSIOns or corporations for which it serves as registrar, or that is
maintamed for its own ~ecIJrities
Section 4.03. form of Security Reeister.
The Bank. as Registrar. will mamtain the Security Register relating to the registration,
payment, transfer and exchange of the Securities in accordance with the Bank's general practices and
procedures in effect trom tllne to time. The Bank shall not be obligated to maintain such Security
Register III any fom, other than those which the Bank has currently available and currently utilizes
at the t nne
The Security Register may be mamtained in written form or in any other form capable ofbeing
converted into written form within a reasonable time
Section 4.04. List of Security Holders.
The Bank will provlde the Issuer at any time requested by the Issuer, upon payment of the
required tee, a copy of the information contained in the Security Register. The Issuer may also
InSpect the information contained in the Security Register at any time the Bank is customarily open
for busmess. provided that reasonable time is allowed the Bank to provide an up-to-date listing or
to convert the infimnation mto written fimn
The Bank wi II no t re iease or dlSclo se the contents 0 f the Security Register to any person other
than to. or at the written request o( an authorized officer or employee of the Issuer, except upon
receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to
the release or disclosure of I he contents of the Security Register, the Bank will notifY the Issuer so
that the rssuer may contest the court order or such release or disclosure of the contents of the
Security Register
-"'-
Section 4.05. Return of Cancelled Certificates.
With respect 10 all SecuritIes paid or redeemed in accordance with the Resolution, and such
Securitles shall be cancelled and thereafter treated in accordance with the Bank's document retention
polille~
Section 4.06. Mutilated. Destroyed. Lost or Stolen Securities.
rhe I ssuer hereby mstructs the Bank, subject to the applicable provisions ofthe Proceedings,
to dehver and issue Secunties in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securi-
ties as long as the same does not result In an over-issuance.
I n case any Secunt y shall be mutilated, or destroyed, lost or sto len, the Bank, in its discretion,
may execute and delher a replacement Security oflike form and tenor, and in the same denomination
and bearing a number not contemporaneously outstanding, in exchange and substitution for such
mutilated Security. OJ in Iteu of and in substitution flH such destroyed lost or stolen Security, only
after i i) the filing hy the Holder thereof with the Bank of eVldence satisfactory to the Bank of the
destruction. loss or theft Df such Security, and of the authenticity of the ownership thereof and (ii)
the furnishing to the Bank of indemnitication in an amount satisfactory to save and hold the Issuer
and ,he Bank hannless. All expenses and charges associated with such indemnity and with the
preparation. execution and delivery o1'a replacement Security shall he borne by the Holder of the
Secunt\ mutilated. or destroyed. lost or stolen.
Section 4.07. Transaction Information to Issuer.
rhe Bank wili. \\ lthin a reasonable time after receipt of wntten request from the Issuer,
furnish the Issuer 1l1ftmnation as to the Securities it has paid pursuant to Section 3.01, Securities it
has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities
it has de livered in exchange for or In lieu 0 f mutilated. destroyed, lost. or stolen Securities pursuant
to SectIOn 406
.\RTICLE FIVE
THE BANK
Section 5.01. Duties of Bank.
[he Bank undertakes to perfonn the duties set forth herein and agrees to use reasonable care
in the performance thcreo t
Section 5.02. Reliance on Documents. Etc.
(d) rhe Bank may cone lusively rely, as to the truth of the statements and correctness of
the opmlons expressed therein, on certificates or opinions furnished to the Bank.
t b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent
facts.
-0-
kl No provisIOns of thIs Agreement shall require the Bank to expend or risk its own funds
or othennse in~ur any financial liability f(Jr performance of any of its duties hereunder, or in the
exerCIse of any of its rights or powers, ifit shall have reasonable grounds for believing that repayment
of such fimds or adequate mdemnitv satisfactory to it against such risks or liability is not assured to
11.
(di The Bank ma~ rely and shall be protected in acting or refraining from acting upon any
resolutIon. certificate. statement. instrument, opinion. report, notice, request, direction, consent,
order. bond, note. security or other paper or document believed by it to be genuine and to have been
signed or presented by the proper part) or parties. Without limiting the generality of the foregoing
statement. the Bank need not examine the ownership of any Securities, but is protected in acting upon
receipt 0 r Secunties contaming an endorsement or instruction of transfer or power of transfer which
appears on its face to be ~igned by the Holder or an agent of the Holder. The Bank shall not be
bound to make any Ulvestigation into the facts or matters stated in a resolution, certificate, statement,
Instrument. opimon. report. notice, request, direction, consent, order. bond, note, security, or other
paper Dr document supplied by Issuer.
(e) The Bank may consult WIth counsel, and the written advice ofsuch counselor any opinion
of counsel shall be hIll and complete authorization and protection with respect to any action taken,
suffered, ,)1' omitted by It hereunder in good faith and in reliance thereon.
n The Bank may c'xercise any 0 f the powers hereunder and perform any duties hereunder
either directly 01 by >)1 rhn!ugh agents or attorneys Mthe Bank.
Section 5.03. Recitals of Issuer
The recitals ~ontained herein with respect to the Issuer and in the Securities shall be taken as
the statements of the Issuer and the Bank assumes no responsibility for their correctness.
fhe Bank shall III nIl event be liable 10 the Issuer. any Holder or Holders of any Security, or
any other Person fa! anvalllount due on any Security from its own funds.
Section 5.04. ~a) Hold Securities.
The Bank, in Its commercial banking or any other capacity. may become the owner or pledgee
of Securities and may otherwise deal with the Issuer with the same rights it would have ifit were not
the Paymg Agent/Registrar or any other agent.
Section 5.05. Moneys Held by Bank.
Money held by the Bank hereunder need not be segregated from any other funds provided
appropriate trust accounts are maintained in the name and for the benefit ofthe Issuer.
fhe Bank shall be under no Iiabilitv for interest on any money received by it hereunder.
Subject to the UnclaImed Property Law of the State of Texas, any money deposited with the
Bank for the payment of the principal, premium (if any), or interest on Security and remaining
unclaimed for two and pne-halfyears after the final maturity of the Security has become due and
-7-
payable will be paid by the Bank to the Issuer if the Issuer so elects in writing, and the Holder of such
Secunt\ shall hereafter IOl)k only to the Issuer for payment thereof, and all liability of the Bank with
respect 10 such moneys shall thereupon cease. If the Issuer does not elect, the Bank is directed to
repon and dispose of the tunds in compliance with Title Six of the Texas Property Code, as amended.
Section 5.06. Indemnification
[0 the extent permitted bv law the Issuer agrees to indemnifY the Bank for, and hold it
harmles-. against, any los~. liability, or expense incurred without negligence or bad faith on its part,
arising uut of or in cormection with its acceptance or administration of its duties hereunder, including
the cost and expense agamst any claim or liability in connection with the exercise or performance of
any o,'its powers o[ duties under thiS Agreement,
"Iection 5.07. Interpleader
fhe Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim,
demand. or controversy, lver its person as well as funds on deposit, in either a Federal or State
Distnct Court located in 1 he State of Texas, and agree that service of process by certified or regis-
tered mail. return receIpt requested. to the address referred to in Section 6.03 of this Agreement shall
canst !tote adequate servic e. The Issuer and the Bank further agree that the Bank has the right to file
a Bill of Interpleader ill any court of competent jurisdiction within the State of Texas to determine
the nghts of any Person claiming any interest herem
Section 5.08. Depositon' Trust Company Services.
I t IS hereby represented and warranted that, in the event the Securities are otherwise qualified
and accepted f(lr The Depository Trust Company ("OTC") services or equivalent depository trust
services by other organizations, the Bank has the capability and, to the extent within its control, will
comply with OTe's Operational Arrangements, which establish requirements for securities to be
eligible llx such type depository trust services, including, but not limited to, requirements for the
timelmess of payments and funds availability, transfer turnaround time, and notification of
redemptions and calls
\RTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment.
This Agreement may be amended only by an agreement in writing signed by both ofthe parties
heretu
Section 6.02. Assiflnment.
This Agreement may not be assigned by either party without the prior written consent of the
other
-x-
Section 6.03. Notices.
Any request. demand, authorization, direction, notice, consent, waiver, or other document
provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or
delivered to the Issller 1)r the Bank, respectively, at the addresses shown on the signature page ofthis
Agreement. All sllch notices shall he effective only upon receipt.
Section 6.04. Effect of Headings.
The Article and Section headings herein are for convenience only and shall not affect the
construction hereof
Section 6.05. Successors and Assi2ns.
'\ II covenants and agreements herein by the Issuer shall bind its successors and assigns,
whether so expressed or not.
Section 6.06. Severability
In case any provision herein shall be mvalid, illegaL or unenforceable, the validity, legality, and
enforceability of the remainmg provlsions shall not in any way be affected or impaired thereby.
Section 6.07. Benefits of A2reement.
\Jothmg herem, express or implied. shall give to any Person, other than the parties hereto and
their successors hereunder. any benefit or any legal or equitable right. remedy, or claim hereunder.
Section 6.08. Entire Agreement
ThiS Agreement and the Proceedings constitute the entire agreement between the parties
hereto relative to the Bank acting as Paymg Agent/Registrar and if any conflict exists between his
Agreement and the Proceedings. the Proceedings shall govern.
Section 6.09. Counterparts.
rhlS Agreement may be executed III any number of counterparts, each of which shall be
deemed an original and all oCwhich shall constitute one and the same Agreement.
Section 6.10. Termination.
ThiS Agreement will terminate (i) on the date of final payment of the principal of and mterest
on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty
(60) days written notice; provided, however, an early termir1ation of this Agreement by either party
shall not be effective until (a) a successor Paying Agent/Registrar has been appomted by the Issuer
and such appointment accepled and (b) notice has been given to the Holders of the Securities of the
-9-
appomtment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually
agree that the effecti\ e date of an early termli1ation of this Agreement shall not occur at any time
which \\ ould disrupt, delay or otherwise adversely affect the payment of the Securities.
Upon an early tennination of thIs Agreement, the Bank agrees to promptly transfer and deliver
the SecurIty Register lor a copy thereof). together with other pertinent books and records relating
to the Securities. j" the slIccessor Paymg Agent/Registrar designated and appointed by the Issuer.
Ihe provisllms of Section .02 and Article Five of this Agreement shall survive and remain
in full fi)rce and effect following the termination of this Agreement.
Section 6.11. Reportin2 Requirements.
r 0 the extent reqUITed by the Code or the Treasury Regulations, the Bank shall report the
amount of interest paid or the amount treated as interest accrued on the Securities which is required
to be reported by the Holders on their returns of federal income tax. or assure that such a report is
made. to the Holders and the Internal Revenue Service
Section 6.12. Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the State
of Texas
IEXECUTION PAGE FOLLOWS)
-10-
IN WITNESS WHEREOF. the partJes hereto have executed this Agreement as ofthedayand
year first above written
JP1V10RGAN CHASE BANK NATIONAL ASSOCIATION
By
1 itle
Address:
600 Travis Street, Suite 1150
Houston, Texas 77002
Attention: Worldwide Securities Services
[BANK SEAL]
NORTH PADRE ISLAND DEVELOPMENT
CORPORA TION
Corpus Christl. Texas
By
Title
Address:
Executive Director
1201 Leopard
Corpus Christi. Texas 78401
Attest
Secretary
[ISSUER SEAL]
-11-
SCHEDULE A
Paymg Agent/Registrar Fee Schedule
PA YIN( r AGENT'RfGISTRAR SERVICES
Fees 10r paymg agent ....en Ices are Incorporated as part of the fees charged for trustee services.
NORTH P-\DRE ISLAND DEVELOPMENT CORPORATION
(A not-far-profit local government corporation
acting on behalf of the City of Corpus Christi, Texas)
rA X I NCREMENT CONTRACT REVENUE BONDS
SERIES 2006
BOND PL'RCHASE AGREEMENT
June 21, 2006
Board of DIrectors
North Padre Island Development Corporation
1201 Leopard
Corpus Christi, Texas 7R40 j
Ladies and Gentlemen:
The undersigned, M. E. Allison & Co., Inc. (the "Undernrite?), offers to enter into the
following agreement with North Padre Island Development Corporation (the''lssuef) which, upon
the Issuers written acceptance of this offer, as evidenced by the execution of this Bond Purchase
.-\greement by the undersigned, as the duly authorized representative of the Issuer (the "Issuer
Representative). will be binding upon the Issuer and upon the Underwriter. Capitalized terms
used herem and not otherwise defined in this Bond Purchase Agreement shall have the respective
meanings gIven to such tem1S in the Limited Offering Memorandum (as defined herein).
1. Background and Purpose The Issuer is issuing its Tax Increment Contract
Revenue Bonds, Series 2006, in the aggregate principal amount of $2,900,000 (the ''Bonds),
pursuant to a resolutIOn adopted May 30, 2006 (the "Bond Resolution) of the board of directors
(the "G01 erning Bodl') (If the Issuer for the purpose of providing funds to pay Project Costs.
Bond proceeds will also be used to pay issuance costs associated with the Bonds.
2. Purchase and Sale of the Bonds. Subject to the terms and conditions and in
reliance upon the representations, warranties and agreements set forth herein, the Underwriter
agrees to purchase from the Issuer, and the Issuer agrees to sell and deliver to the Underwriter at
Closing (as hereinafter detined), all, but not less than all, of the Bonds. Inasmuch as this
purchase and sale represents a negotiated transaction, the Issuer understands, and hereby
confirms, that the lInderwriter is not acting as a fiduciary of the Issuer, but rather is acting
solely in its individual capacity as an If nderwriter for its own account.
The purchase price for the Bonds shall be 95.29103% of the par amount of the Bonds (or
52,763,5001
j ~ '7873-"
The Bonds shall be issued pursuant to and in accordance with the provisions of the Bond
ResolutIOn and an Indenture of Trust. dated as of February 1, 2003 (the "Indenture), by and
hetween the Issuer and lPMorgan Chase Bank, National Association, as successor to JPMorgan
Chase Bank. as trustee I the'Trustee).
J. Limited Offering. The Underwriter agrees to make a limited offering of all of the
Bonds at prices not to exceed the offering price set forth on Exhibit A and may subsequently
change such offering pnces (or yields) wIthout any requirement of prior notice to the Issuer. The
t nderwntcr may offer dnd sell Bonds to certain dealers (including dealers depositing Bonds into
mvestment trusts) and others at pnces lower than the offering price stated on Exhibit A (or at
vields higher than such mitial pubhc offering yields). The Preliminary Limited Offering
Memorandum descnbes various risk factors that exist in connection with the sale of the Bonds,
and consistent wIth Its dutIes under federal securities law the Underwriter has taken those risk
factors into account In makmg a limited offering of the Bonds.
4. Offering Documents.
(a) Preliminary Limited Offenng Memorandum. The Issuer previously has delivered
copies of the Preliminary Limited Offering Memorandum to the Underwriter for its use in
determining interest in the Bonds. The Issuer ratifies and approves the Preliminary Limited
Offering Memorandum and its use by the Underwriter for that purpose before the Preliminary
Limited Om~ring Memorandum described below becomes available. The Issuer confirms that it
has not prepared any oflicial statement tor dissemination to potential customers prior to the
availability of such Prelimmary Limited Offering Memorandum, except the Preliminary Limited
Offering Memorandum. The Preliminary Limited Offering Memorandum was deemed final by
the Issuer as of its date for purposes of Rule 15c2-l2 of the United States Securities and
Exchange CommiSSIOn (the "Rule '). except possibly for the omission of items specified by
paragraph (b)(l) of the Rule
(b) Deliverv of Preliminary Limited Offering Memorandum. Not more than seven
business days after the time the Issuer accepts this offer, the Issuer will deliver copies of a final
Preliminary Limited Offenng Memorandum related to the Bonds. approved by the Governing
Body or one or more duly authorized officers thereot: to the Underwriter in sufficient number to
permit the Underwnter to comply with the requirements of the Rule. Such Preliminary Limited
Offering Memorandum wdl be dated a date on or near its delivery, when delivered to the
l.nderwnter will be complete within the meaning of the Rule, and will be substantially in the
form of the most recent markup of the Preliminary Limited Offering Memorandum provided to
the Underwriter before the execution hereof. Such Preliminary Limited Offering Memorandum,
mcluding the cover page thereto. all exhibits, appendices, maps, charts, pictures, diagrams,
reports, and statements mcluded or incorporated therein or attached thereto, and all amendments
,md supplements theretn that may be authorized for use with respect to the Bonds, is herein
reterred to as the"Pre/iminarv Limited Offering Memorandun{
(c) Amendments and Supplements to Preliminary Limited Offering Memorandum.
From the date of this Bond Purchase Agreement to the 30th day (or such other day, not later than
the 90th day, that may be specified by the Underwriter at the Closing referred to herein)
following the date of such Closing. the fssuer will notify the Underwriter whenever, in the
~ ~'7 873, 3
..,
""
ludgment of the Issuer, the Preliminary Limited Offering Memorandum should be amended or
supplemented in order for the Official Statement not to contain any untrue statement of a
material tact and nOl to omit to state any material fact necessary to make the statements in the
Prelimimlr\ Limited Otfenng Memorandum, in light of the circumstances in which they are
made, nut misleading. Thl.' Issuer will amend or supplement the Preliminary Limited Offering
Memorandum at the expense of the Issuer and in a manner satisfactory to the Underwriter, when
in the reasonable IUd~'11lent (If the Issuer or the Underwriter such amendment or supplementation
j s required
(eI) Use of Prehminary LImIted Offering Memorandum. The Underwriter, all
members of any selling group which may be formed in connection with the distribution of the
Bonds, and all dealers tc' whom any of the Bonds may be sold by the Underwriter or by members
If any ..,elling ~lTOUp mav use the Preliminary Limited Offering Memorandum and the
if1fOrmatlOn contamed therem, including any amendments or supplements thereto, in connection
with the \)ffering and "ale otthe Bonds
( e i ContinulIllU)isclosure. rhe Issuer will agree in the Bond Resolution to provide
.J[ cause to be provided certain periodic information and notices of material events in accordance
,vlth the Rule. as descnbed in the Preliminary Limited Offering Memorandum under
'mNTINUING DISCLOSl iRE OF fNFORMA TION~' The Underwriter acknowledges receipt of
a draft of the Bond Resolution in which there is contained the agreement described under such
heading, and the Issuer .lcknowledges that except as disclosed in the Limited Offering
Memorandum It has substantially complied with its prior contractual agreements to provide
continuing disclosure. The Underwriter's obligation to accept and pay for the Bonds is
conditioned upon delivery to the Underwriter or its agent of a certified copy of the Bond
Resolution containing the proviSIOns described under such heading.
(Ii ~ubst'!!1tiv~Requirements for Preliminary Limited Offering Memorandum. To
the best kn~)wledge and belief of the Issuer, the Preliminary Limited Offering Memorandum
contains mtormation. including financial information or operating data, concerning every entity,
enterprise. fund. account or person that is material to an evaluation ofthe offering of the Bonds.
5. Representations, Warranties, and Covenants of the Issuer. The Issuer hereby
represents and warrants to and covenants with the Underwriter that:
(a) Due Organization. The Issuer is a not-for-profit local government corporation
acting on behalf of the City of Corpus Christi, Texas (the "CitY), duly created, organized, and
existing under the ConstltutlOn and laws of the State of Texas, and is authorized and empowered
by the proVIsions of the Texas Constitution. the laws of the State of Texas, and the ordinances of
the City to Issue the Bond:-- for the purposes of providing funds for the purposes specified in
Section ] hereof
(b) Due Authorization. By all necessary official action of the Issuer prior to or
concurrently with the acceptance hereof, the Issuer has duly authorized all necessary action to be
taken by it for (i) the adoption ofthe Bond Resolution, the Indenture and the issuance and sale of
the Bonds. (ii) the approval, execution and delivery of, and the performance by the Issuer of the
ohligations on its part. contained in the Bonds. the Bond Resolution, the Indenture, this Bond
4,-'7R733 ,
,
,
Purchase Agreement, and the Tri-Party Agreement, (iii) the consummation by it of all other
transactIOns contemplated by the LimIted Offering Memorandum, the Bond Resolution, the
r ndenture. this Bond Purchase Agreement and the Tri-Party Agreement, and any and all such
other agreements and documents as may be required to be executed, delivered and/or received by
the Issuer In order to carry out. gIve eHect to, and consummate the transactions contemplated
herein and In the Limited Offering Memorandum.
1-:) Legal, ValId, and Binding Obligations. The Bond Resolution has been duly
adopted b: the Governing Body of the Issuer, and the Bonds, when issued, delivered and paid
lor, in accordance WIth the Bond Resolution and this Bond Purchase Agreement, will constitute
legal, valid and binding lImited obligation of the Issuer secured solely by a valid lien on the
Pledged Revenues and entItled to the benefits of the Bond Resolution; and when delivered to and
paid for bv the Underwnter at the ClOSing the Bonds will have been duly approved by the
\ttome) Cieneral ot Texas, registered by the Comptroller of Public Accounts of the State of
iexas, and duly executed and delivered by the Issuer and will constitute legal, valid, and binding
hmited obligations of the Issuer enforceable against the Issuer in accordance with their terms,
"ubject to bankruptcy laws and simIlar laws affecting the rights of creditors of political
"ubdivislOns generally. and may be limIted by general principles of equity which permit the
exercise of Judicial dIscretIOn.
(d) fn-Part\ Agreement and Indenture. The Tri-Party Agreement and the Indenture
-:onstitute the legal, valid, and binding obligations of the Issuer enforceable against the Issuer in
accordance with their respective terms. subject to bankruptcy laws and similar laws affecting the
nghts of creditors of political subdi visions generally, and may be limited by general principles of
equity whieh permit the exercise of judicial discretion. Neither the Tri-Party nor the Indenture
have been amended as (lfthe date of this Bond Purchase Agreement.
(e) Default. T (j the best knowledge of the Issuer. it is not in any material respect in
hreach uf or default under any apphcable constitutional provision, law or administrative
regulation of the City, the State or the United States or any applicable judgment or decree or any
loan agreement, Indenture. bond. note, resolution, agreement or other instrument to which the
Issuer is a party or to which the Issuer IS otherwise subject, and no event has occurred and is
umtinuing which constItutes or with the passage of time or the giving of notice, or both, would
constitute a default or event of default by the Issuer under any such instrument.
(1) Necessary Approvals. Except for approval of the Bonds by the Attorney General
of Texas and registration Ilf the Bonds by the Comptroller of Public Accounts of the State of
Texas, all appro\als. permIts. consents. licenses and authorizations of, registrations or filings
with, and notices to any government authority which are required for the Issuers's due execution,
delivery. and performance of its obligations under the Bonds, the Bond Resolution, the
Indenture, ,md this Bond Purchase Agreement have been made or obtained.
(g) No Litigation. No action, suit, proceeding, inquiry. or investigation, at law or in
equity, before or by an) court or public board of body in which the Issuer has been served or of
which it has otherwise received official notice is pending against or to the knowledge of the
Issuer, is threatened against the Issuer (nor to the knowledge of the Issuer is there any basis
therefor) wherein an unfavorable decision. ruling, or finding would impose a material financial
..';778731.3
4
lIability ~lD the Issuer or in any way adversely affect (i) the creation, organization, existence, or
material authority of the Issuer or the title of its officers to their respective offices, (ii) the
collection of Contract T ax increments or other revenues of the Issuer to any material extent, (iii)
the transactions contemplated by this Bond Purchase Agreement or the Limited Offering
\1emorandum, (iv) the validity or ent()fceability of the Bonds, the Bond Resolution, the
Indenture, this Bond Purchase Agreement or the Tri-Party Agreement, or (v) the excludability of
the interest on the Bond" fT. 1m the gross Income of the owners thereof
(h) Accuracy at Official Statement. The Bonds, the Tri-Party Agreement and the
Indenture conform to the descriptions thereof contained in the Limited Offering Memorandum
and the proceeds of the sale of the Bonds will be applied generally as described in the Limited
Offering Memorandum under the caption"SOURCES AND USES OF BOND PROCEEDS:' The
mforrnation contained III the Limited Om~ring Memorandum with respect to the Bonds, the
Issuer, the Zone. the Proje...:t, development within the Zone, land use within the Zone, and the
Issuer's other affairs lS true and correct m all material respects and, as of the date of the Limited
()ffering Memorandum. the Limited Om~ring Memorandum, with respect to such information,
dId not, and as of the date of the Closing will not, contain any untrue statement of a material fact
,II' omit to state a matenal fact reqUIred to be stated therein or necessary to make the statements
made therem with respect t\) the Bonds. the Issuer. the Zone, the Project, development within the
lone, land use WIthIn the Zone. and the Issuer's affairs, in the light of the circumstances under
,'>hieh they were made. not misleading. With respect to information in the Limited Offering
\1emorandum, other than the information relating to the Bonds, the Issuer and the Issuer's affairs,
the Issuer has no reason to believe that such information contains any untrue statement of a
material tact or omits te state a material fact required to be stated therein or necessary to make
the statements made thcrelfl. in light of the circumstances under which they were made, not
misleading
(n No Material Adverse Change. Prior to the Closing, there will be no adverse
\:hange of a matenal nature in the financIal position, results of operations or condition, financial
,11' othern'lse, of the Issuer. The Issuer is not a party to any litigation or other proceeding pending
,lr. to its knowledge, threatened which, if decided adversely to the Issuer, would have a
materially adverse effect on the financial condition of the Issuer. Between the date of this Bond
Purchase Agreement and the Closing, the Issuer will not, without the prior written consent of the
I Jnderwnter. issue anv hond or note or incur any other obligation t()r borrowed money which is
IT may be payable from. or does or may constitute a charge on, the Pledged Revenues, and from
the respective dates as (.f which intonnatlOn is given in the Limited Offering Memorandum to
the Closing the Issuer has not incurred and will not incur any material liabilities.
G I Officers' Certificates Any certificate signed by any official of the Issuer
authorized to do so in connection with the transactions contemplated by this Bond Purchase
>\greement shall be deemed a representation and warranty by the Issuer to the Underwriter as to
the statements made therein
(k) Issuer Representative The Issuer Representative is authorized to act on behalf of
the Issuer. for the purpose of selling the Bonds to the Underwriter, fixing the terms of the Bonds
as set forth in Exhibit t\ and taking the other actions provided for herein and in the Bond
Resolution. and such actions by the Issuer Representative shall be deemed to be actions by the
4~'78733J
5
issuer. The PresIdent and any Vice President of the Governing Body or the Executive Director
,,1' the Issuer each has been duly authorized to act on behalf of the Issuer, as the Issuer
RepresentatIve. for the purpose of taking the actions provided for herein.
B~ delivenng an executed copy of the Limited Oftering Memorandum to the
Underwriter, the Issuer shall be deemed to have reaffirmed, with respect to such Limited
Offering Memorandum. the representations, warranties and covenants set forth above. The
Issuer Cilvenants that bet\\een the date hereof and the Closing, it will take no actions that will
,;ause the representatJOns and warranties made in this Section to be untrue as of the Closing.
6. Closing.
(a) The Issuer will deliver the Bonds to the Underwriter, and the Underwriter will pay
J()r the Bonds. at 9:00 a.m. central time. on July 26, 2006 (the "Closing Date), or at such other
lIme and date as shall have been mutually agreed upon by the Issuer and the Underwriter. Such
actions are herein reterred to as the "Closing:' The Closing will occur at the offices of McCall,
Parkhurst & Horton L.L.P.. Dallas, Texas, or at such other location as may be agreed to by both
the Issuer and the Lnderwriter. and the Bonds will be delivered through The Depository Trust
(ompanv
(b) At the Closmg, the Issuer will, subject to the terms and conditions hereof, deliver
I. me duly executed imtial Bond tor each maturity of the Bonds (the "Initial Bonds) in either typed
pr printed tor, payable to (ede & Co., and bearing a registration certificate manually signed by
an authonzed representative of the Comptroller of Public Accounts of the State of Texas,
together with the other documents hereinafter described. The Issuer will cause the Paying
Agent/RegIstrar to exchange the Initial Bonds at Closing for definitive Bonds, duly authenticated
hy the Paymg AgenVRegistrar and bearing CUSIP numbers. immediately upon payment for and
surrender tor exchange of such Initial Bonds by the Underwriter. through the book-entry only
system of the Deposltorv Trust Compan~
(\..) The Underwriter will pay the purchase price for the Bonds by wire transfer of
llnmediately available funds to the Paymg Agent/Registrar to the account of the Issuer.
(J) Time IS of the essence in the performance of this Bond Purchase Agreement.
Tender of the Initial Bonds and definitive Bonds at the time and place specified in this Bond
Purchase Agreement is a condition to the Underwriters obligations hereunder. If the Issuer is
unable to perform its obligations hereunder at such time and place, the Underwriter may, at its
option, either extend the time or change the place of performance or terminate its obligations
hereunder.
7 Closing Condition~~ The Undervvriter has entered into this Bond Purchase
i\greement In reliance upon the representations, warranties and agreements of the Issuer
contained herein, and In reliance upon the representations, warranties and agreements to be
contained 10 the documents and Instruments to be delivered at the Closing and upon the
performance by the Issuer (1f its obligations hereunder, both as of the date hereof and as of the
date of the Closing. Accordingly, the Underwriters obligations under this Bond Purchase
'\greement to purchase. to accept delivery of and to pay for the Bonds shall be conditioned upon
,-,7787313
6
the performance by the Issuer of its obligations to be performed hereunder and under such
documents and instruments at or prior to the Closing, and shall also be subject to the following
additional conditilms including the deli\ery by the Issuer of such documents as are enumerated
herein, ]lJ tC)ITn and suhstance reasonabl y satisfactory to the Underwriter and counsel to the
L nderwnter
(a I The representations and \varranties of the Issuer contained herein shall be true,
:ompIete and correct II1 all material respects on the date hereof and on and as of the date of the
losing, as Ifmade on the ciate oUhe Closmg.
(b I The Issuer shall have performed and complied with all agreements and conditions
required by this Bond Purchase Agreement to be performed or complied with by it prior to or at
the Closmg
(c) At the time of the Closing, (i) the Bond Resolution, the Indenture, the Bonds, the
rri-Party Agreement and the Interlocal Agreements shall be in full force and effect and shall not
have been amended, modified or supplemented, and the Limited Offering Memorandum shall not
have been supplemented or amended, except in any such case as may have been agreed to by the
!'nderwnter, (ill the net pn lceeds of the sale of the Bonds and any funds to be provided by the
Issuer shall be deposited and applied as described m the Limited Offering Memorandum and in
the Bond Resolution and (ill) all actions of the Issuer required to be taken by the Issuer shall be
performed in order f()J' Bond Counsel to deliver its opinions referred to hereafter.
(d) At or pnor t<> the Closing, the Bond Resolution shall have been duly executed and
delivered by the Issuer and the Issuer shall have duly executed and delivered and the Paying
A.gent/Registrar shall have duly authenticated the definitive Bonds.
(e \ At the time ofthe Closing. the Issuer shall deliver the Bonds to the Underwriter.
(0 At the tllne of the Closmg, there shall not have occurred any change or any
development involving a prospecti\ e change in the condition, tlnancial or otherwise, or in the
revenues or operations of the Issuer, from that set forth in the Limited Offering Memorandum
that in the reasonable judgment of the Underwriter. is material and adverse and that makes it, in
the reasonable judgment of the Underwriter, impracticable to market the Bonds on the terms and
ill the manner contemplated in the Llmited Offering Memorandum.
(g) All steps to be taken and all instruments and other documents to be executed, and
all other legal matters in connection \\1lth the transactions contemplated by this Bond Purchase
i\greement shall be reasonably satisfactorv in legal form and effect to the Underwriter and to
,-'ounsel for the l ! nderwn ter
(h I At or pnor to the Closing. the Underwriter shall have received copies of each of
the followmg documents
( I) The lImited ()ffering Memorandum, and each supplement or amendment
thereto as may have been agreed to by the Underwriter, if any, executed on behalf of the Issuer
hy the manual or facsimile signature of an Issuer Representative;
4~~78733 J
7
(21 The Bond Resolution, having been duly adopted by the Issuer and being in
full force and effect with such supplements or amendments as may have been agreed to by the
\ inderwnter:
(3 I ('oples of the Indenture certified to be in full force and effect;
{4 i ('oples of the ordinances creating and setting the current boundaries of
Reinvestment Zone Number Two, ('it) of Corpus Christi, Texas ('Reinvestment Zone Two), and a
copy of the resolution creatmg the Issuer and approving its articles of incorporation and by-laws,
all certified to be In full force and etTect:
(51 A certificate of continued existence with respect to the Issuer from the
r exas Secretary of State, a copy of the Issuers Articles of Incorporation certified by the Texas
Secretary of State and a certificate of good standing with respect to the Issuer from the Texas
(omptroller of Public Accounts, all dated within three days of the Closing Date;
(61 A copy of the Tri-Party Agreement and the Interlocal Agreements, with all
supplements or amendments enacted through the Closing Date, and a copy of the Project
('ooperation Agreement between the Department of the Army and the City of Corpus Christi,
lexas, for Construction of the North Padre Island Storm Damage Reduction and Environmental
Restoratlon Project as finally executed by both parties and in full force and effect;
(7 I A certificate. dated as of the Closing and signed by an Issuer
Representative. solely In hiS or her official capacity, to the effect that, (i) the representations,
warranties. and covenants of the Issuer contained herein are true and correct in all material
respects as of the ClOSing with the same effect as if made at the Closing; (ii) the Issuer has
performed all of its obligations hereunder to be performed at or before the Closing and has
satisfied all material conditIOns on Its part to be satisfied hereunder at or before the Closing; (iii)
none of the Bond ResolutIOn, the Indenture or the Tri-Party Agreement have been amended,
modified, supplemented. or repealed since the date of this Bond Purchase Agreement, except as
agreed to hv the l Jnderwriter, and each is in full force and effect; (iv) no litigation or proceeding
against the Issuer is pending or. to the best of his or her knowledge, threatened in any court or
administratIve body nor, to the best of knowledge, is there a basis for litigation which would
fa) contest the right of the directors or officials of the Issuer to hold and exercise their respective
positions. (b) contest the due organization and valid existence of the Issuer, (c) contest the
validity, due authorization and execution of the Bonds, the Bond Resolution, the Indenture, this
Bond Purchase Agreement or the TIi-Party Agreement, or (d) attempt to limit, enjoin or
otherwise restrict or prevent the Issuer hum collecting Contract Tax Increments; (v) no event
atlecting the Issuer has occurred smce the date of the Limited Offering Memorandum which
"hould be disclosed 111 the Limited Offering Memorandum for the purpose for which it is to be
used or ,vhlch 11 is necessarv to disclose therein in order to make the statements and information
therein, itl light of the Circumstances under which made, not misleading in any respect as of the
time of Closing; (vi) the mformation contained in the Limited Offering Memorandum with
respect t( I the Bonds, the Is";uer and the Issuers affairs is true and correct in all material respects
md, as of the date of the Limited Offenng Memorandum, the Limited Offering Memorandum,
\.vith respect to such information, did not. and as of the date of the Closing does not, contain any
mtrue statement of a matenal fact or omit to state a material fact required to be stated therein or
"'-77873U
8
necessary to make the statements with respect to the Issuer and the Bonds made therein, in the
light of the circumstances under which they were made, not misleading; and (vii) with respect to
mformatlOll in the Limited Offering Memorandum other than the information relating to the
Bonds, the Issuer and the bsuers affairs, he or she has no reason to believe that such information
contains any untrue statement of a matenal fact or omits to state a material fact required to be
stated therein or necessary to make the statements made therein, in light of the circumstances
under which they were made, not misleading;
( 8) A celtificate of the Issuer signed by an appropriate official of the Issuer (a)
.,etting forth the facts, estimates and circumstances In existence on the date of the Closing, which
establish that it is not expected that the proceeds of the Bonds will be used in a manner that
would cause the Bonds to he "arbitrage bonds' within the meaning of Section 148 of the Internal
Revenue Code of 19X6. as amended (the "Code'), and any applicable regulations (whether final,
temporary nr proposed). issued pursuant to the Code, and (b) certifying that to the best of the
knowledge and belief of the Issuer there are no other facts, estimates or circumstances that would
materiallv change the conclusions, representations and expectations contained in such certificate;
(9) The approving opInIOn of McCall, Parkhurst & Horton L.L.P., as bond
,;ounsel, to substantially the fonn set forth in the Limited Offering Memorandum;
( (0) A supplemental opinion of hond counsel addressed to the Issuer and the
i nderwnter, substantially tll the effect that
(I the Issuer has duly approved and authorized the distribution of the
Limited OfTering Memorandum:
(11) the Bonds are exempted secuntIes under the Securities Act of
1933, as amended (the"j933 Ad'), and it is not necessary, in connection with the offering and sale
of the Bonds, to register any securities under the 1 933 Act and neither the Bond Resolution nor
the Indenture need be qualified under the Trust Indenture Act of 1939 (the'Trust Indenture Ad');
(ill) the intormation contained in the Limited Offering Memorandum
under the headings "THE SERIES 2006 BONDS:'''PLAN OF FINANCING:"'SECURITY AND
SOURCE OF PAYMENT"1HE ISSUER:"TI-lE ZONE;"'LEGAL MATTERS:"'fAXMATTERS;'
and "LEGAL INVESTMEN rAND ELICiIBILITY TO SECURE PUBLIC FUNDS IN TEXAS'
filirly summarizes the matters of law and the information purported to be shown therein and the
documents Included tn Appendices A, Band E confonn to the respective documents delivered at
Closing; and
(i \ ) stating that the Underwriter may rely on the approving Opinion of
Bond Counsel described as ,f it were addressed to it:
( II) All opinion of the City Attorney of the City, as general counsel to the
! ssuer, suhstantially to the effect set torth in Exhibit B hereto;
(12)<\n opinion {If the City Attorney of the City as general counsel to
Reinvestment Zone Two. or a certificate from the City, to the effect that Reinvestment Zone Two
is validly created and in full force and etIeet and the Tri-Party Agreement was duly authorized
~'~78733l
9
executed and delivered and is a valid and binding obligation of Reinvestment Zone Two,
enforceable in accordance with its terms, except to the extent that its enforceability may be
limited b) applicable pwvisions of the federal bankruptcy laws and any other similar laws
affecting the rights of creditors of political subdivisions generally, and except that such
enforceabIlity is subject t,) general principles of equity and the exercise of judicial discretion
(regardless of whether such enforceabilitv is considered in a proceeding in law or at equity);
( I 3) I vidence satisfactnry to the Underwriter, which may take the form of a
legal opmlon of counsel h' the City'. or a certificate from the City, to the effect that the Tri-Party
\greement. and the City Interlncal Agreement was duly authorized, executed and delivered are
valid and binding obligations of the Cit:y enforceable m accordance with their respective terms;
( 14) I vldence satisfactory to the Underwriter, which may take the form of a
legal opmlun of counsel to the County or a certificate from the City, to the effect that the County
lnterlocal Agreement was duly authorized, executed and delivered and is a valid and binding
dhligation of the CountV' enforceable in accordance with its terms:
( 15) Fvidence satisfactory to the Underwriter, which may take the form of a
legal opmlon of counsel to the College. or a certificate from the City, to the effect that the
College lnterlocal Agreement was duly authorized, executed and delivered and is a valid and
hinding obligation ofthe College, enforceable in accordance with its terms;
( I/)) [vidence satisfactory to the Underwriter, which may take the form of a
legal opmlOn of counsel to the Hospital District, or a certificate from the City, to the effect that
the Hospital District lnterlocal Agreement was duly authorized, executed and delivered and is a
\alid and hinding ohligation of the Hospital District enforceable in accordance with its terms;
( 17) An ,)pimon. dated the date of the Closing and addressed to the
! nderwnter. of Fulbright & Jaworski I. 1 P., Underwriter's counsel, to the effect that:
( Il the Bonds are exempted securities under the 1933 Act and it is not
necessary, m connection wlth the offering and sale of the Bonds, to register any securities under
the 1933 Act and neither the Bond Resolution nor the Indenture need be qualified under the Trust
Indenture Act; and
(Il) based upon their participation in conferences at which the Limited
Offering Memorandum was discussed. but without having undertaken to determine
mdependentl y the accuracy. completeness or fairness of the statements contained in the Limited
Offering Memorandum. such counsel has no reason to believe that the Limited Offering
Memorandum contains an) 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 (except for any financial, forecast, technical and statistical statements and
data included in the Limited Offering Memorandum, in each case as to which no view need be
expressed):
( 18) The approving opmion of the Attorney General of the State of Texas in
respect of the Bonds:
~,,-")g7313
10
( 19) The registratIOn certificate of the Comptroller of Public Accounts of the
State of Texas m respect of the Bonds; and
(20) Such additional legal opmions, certificates, instruments and other
documents as Bond CounseL the Underwriter or counsel to the underwriter may reasonably
request to evidence the truth and accuracy, as of the date hereof and as of the date of the Closing,
of the Issuers representations and warranties contained herein and of the statements and the due
performance or satlsfaction by the Issuer on or prior to the date of the Closing of all the
respective agreements then to be performed and conditions then to be satisfied by the Issuer.
All oj the opinions, letters, certificates, instruments and other documents
mentioned above or elsewhere in this Bond Purchase Agreement shall be deemed to be in
.:omplianct' with the provisIOns hereof if but only if they are in form and substance satisfactory
to the Underwriter.
If the Issuer shall be unable to satisty the conditions to the obligations of the
!. nderwnter to purchase. tt' accept dehvery of and to pay for the Bonds contained in this Bond
Purchase Agreement. or if the obligations of the Underwriter to purchase, to accept delivery of
dnd to pay for the Bonds shall be termmated for any reason permitted by this Bond Purchase
'\greement. this Bond Purchase Agreement shall terminate and neither the Underwriter nor the
Issuer shall be under any further obligatIOn hereunder. except that the check referred to in
Paragraph I shall be Ilnmedlately returned to the Underwriter by the Issuer.
8. Termination. The Underwriter shall have the right to cancel its obligation to
purchase the Bonds it: behveen the date of this Bond Purchase Agreement and the Closing, the
market price or marketability of the Bonds shall be materially adversely affected in the sole
ludgment ofthe Underwriter, reasonably exercised (as evidenced by a written notice to the Issuer
lerminating the obligation ofthe Underwnter to accept delivery of and pay for the Bonds), by the
occurrence (If any of the following:
(a) Adverse Effect on income Tax Status. Legislation shall be enacted by or
mtroduced m the Congress or recommended to the Congress for passage by the President of the
Lnited States, or the Treasury Department of the United States or the Internal Revenue Service
\)f 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 court of the
(Joited States or of the State or the United States Tax Court shall be rendered, or an order, ruling,
regulation (final, temporary or proposed), press release, statement or other form of notice by or
i. m behalf of the Treasury Department of the United States, the Internal Revenue Service or other
governmental agency shall he 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. of the interest on the Bond as described in the Limited
Offering Memorandum, Of other action Of events shall have transpired which may have the
purpose or effect, directly or indirectly. of changing the federal income tax consequences of any
()f the transactions contemplated herein, or any other action or events shall have occurred which,
to the reasonable judgment of the t':nderwriter, materially adversely affect the market for the
Bonds or the market price generally of obligations of the general character of the Bonds;
4'"787333
11
(b) Adverse Effect on Securities Law Exemptions. Legislation introduced in or
enacted (or resolution passed) by the Congress or an order, decree, or injunction issued by any
;.:ourt of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed),
press release or other fonTI of n\)tice Issued or made by or on behalf of the United States
Securities and Exchange ('ommission, or any other governmental agency having jurisdiction of
the subJect matter, to the effect that obligations of the general character of the Bonds, including
any or allunderiying arrangements, are not exempt from registration under or other requirements
"f the 19~~ Act. or that the Bond Resolution is not exempt from qualification under or other
requirements of the [rust Indenture Act or that the Issuance, offering, or sale of obligations of
the general character of the Bonds, including any and all underlying arrangements, as
contemplated hereby or b\ the Limited Offering Memorandum or otherwise, is or would be in
violation ofthe federal seCLlrities law as amended and then in effect;
Ie) SuspensIOn on Moratorium. A general suspension of trading in securities on the
\Jew York Stock Exchange or the American Stock Exchange, the establishment of minimum
prices on either such exchange, the establishment of material restrictions (not in force as of the
date hereof) upon trading securities generally by any governmental authority or any national
securities exchange, a general banking moratorium declared by federal, State of New York, or
State offiCIals authonzed tp do so:
(d) Change of Law. Any amendment to the federal or Texas Constitution or action
h) any federal or Texas court. legislatIve body. regulatory body, or other federal or Texas
authorit\ materially adversely affecting the tax status of the Issuer, its property, income,
securities lor interest thereon). or the validity or enforceability of the assessments or the levy of
taxes generating Contract Tax Increment. or the ability of the Issuer to receive Contract Tax
Increment from the City. the County, the Hospital District or the College;
( e) Adverse Effect on Disclosure. Any event occumng, or information becoming
known whIch, in the reasonable judgment of the Underwriter, makes untrue in any material
respect any material statement or information contained in the Limited Offering Memorandum,
or has the effect that the Limited Offering Memorandum contains any untrue statement of
material fact or omits to state a matenal fact required to be stated therein or necessary to make
the statements therem, in the light of rhe circumstances under which they were made, not
mIsleading.
( n Matenal Change. There shall have occurred since the date of this Bond Purchase
Agreement any materially adverse change 10 the affairs or financial condition of the Issuer;
tg) Armed Contlict. The United States shall have become engaged in hostilities
w'hich have resulted in a declaration of war or a national emergency, or there shall have occurred
any other outbreak or substantial escalation of existing hostilities or a national or international
calamity Of ~risis, financial or otherwIse, the effect of such outbreak, calamity or crisis on the
tinancial markets of the United States being such as, in the reasonable opinion of the
I fnderwnter. would materially and adversely affect the ability of the Underwriter to market the
Ronds;d
'''7787333
12
(h) Amendment of Supplement. Any fact or event shall exist or have existed that, in
the Undenvriters reasonable judgment. requires or has required an amendment of or supplement
to the Limited Offering Memorandum: and
(1 ) Prohibition Against Resale. The purchase of and payment for the Bonds by the
Underwriter. or the resale 1)1' the Bonds by the Underwriter, on the terms and conditions herein
provided shall be prohibited by any applicable law, governmental authority, board, agency or
comrrnsSlOn.
9. Expenses.
(a) The Undef\\ riter shall be under no obligation to pay, and the Issuer shall pay, the
following expenses l11cident to the performance of the Issuers obligations hereunder, including,
but not limited to (I) the cost of preparation and printing of the Bonds; (ii) the fees and
disbursements of Bond (ounse!: (iii) the fees and disbursements of any other engineers,
accountants, and other experts, consultants or adVIsors retained by the Issuer; (iv) the costs of
preparing, printing and mailing the Limited Offering Memorandum; (v) fees of the Issuers
tinancial advisor; (vi i the transcript review fee of the Attorney General of Texas; (vii) the fees
and expenses of the Pa)l11g AgenUReglstrar and Trustee; (viii) the out-of-pocket, miscellaneous
and closl11g expenses. including the cost of travel. of the officers of the Issuer; [(ix) the fees and
disbursements of counsel retained by the Underwriter;] and (x) any other expenses mutually
agreed to by the Issuer and the Underwriter to be reasonably considered expenses of the Issuer
which are incident to the transactions contemplated hereby.
(h) fhe U ndef\\riter shall pa y (i) the cost of preparation and printing of this Bond
Purchase Agreement. (i!) all advertIsing expenses in connection with the offering of the Bonds;
and (iii) :dl other expenses mcurred by !t in connection with the offering of the Bonds.
IH. Notice,\~ Any notice or other communication to be given to the Issuer under this
Bond Purchase Agreement may be given by delivering the same in writing to North Padre Island
Development Corporation. 1201 Leopard, Corpus Christi, Texas 78401, Attention: Executive
Director. and any notlce or other communication to be given to the Underwriter under this Bond
Purchase' Agreement may be given by delivering the same in writing to M.E. Allison & Co., Inc.,
',)50 East Basse Road. Second Floor. San Antonio. Texas 78209,
11. Parties in Interest. fhis Bond Purchase Agreement as heretofore specified shall
constitute the entire agreement between us and is made solely for the benefit ofthe Issuer and the
Underwnter (including successors or assigns of the Underwriter) and no other person shall
acquire or have any nght hereunder or by virtue hereof This Bond Purchase Agreement may not
he assigned by the Issue! All ,}f the Issuers representations, warranties and agreements
contained in this Bond Purchase Agreement shall remain operative and in full force and effect,
regardless uf (i) any mveshgations made by or on behalf of the Underwriter; (ii) delivery of and
payment tor the Bonds pursuant to this Bond Purchase Agreement; and (iii) any termination of
this Bond Purchase Agreement.
,,0;7787333
D
12. Effectivene...'s. This Bond Purchase Agreement shall become effective upon the
acceptance hereof hy the Issuers and shall be valid and enforceable at the time of such
acceptance
13, Choice of Law. This Bond Purchase Agreement shall be governed by and
construed In accordance wIth the law of the State of Texas.
14. Severability. If any provIsion of this Bond Purchase Agreement shall be held or
deemed to be or shall. 111 fact. be Invalid, inoperative or unenforceable as applied in any
particular case in any Jurisdiction \If jUflsdictions. or m all jurisdictions because it conflicts with
any provisIOn of any Constitution. statute, rule of public policy, or any other reason, such
CIrcumstances shall not have the effect of rendering the provision in question invalid, inoperative
ill' unentorceable In any other case or circumstance. or of rendering any other provision or
provisions of this Bond Purchase Agreement invalid, inoperative or unenforceable to any extent
whatevel .
15. Business Day. FOl purposes of this Bond Purchase Agreement, "business day'
means any day on which the New York Stock Exchange is open for trading.
16. Section Headings. SectlOn headings have been inserted in this Bond Purchase
'\greemenl as a matter of convenience of reference only, and it is agreed that such section
headings are nOl a part of this Bond Purchase Agreement and will not be used in the
mterpretatlUn of any provisIOns of this Bond Purchase Agreement.
17. Counterparts. This Bond Purchase Agreement may be executed in several
counterparts each of \\ hich shall be regarded as an original (with the same effect as if the
SIgnatures thereto and herelo were upon the same document) and all of which shall constitute one
and the same document
[EXECl iTION PAGE FOLLOWS]
+,7"87333
14
It you agree wIth the foregoing. please sign the enclosed counterpart of this Bond
Purchase Agreement and return it to the Underwriter. This Bond Purchase Agreement shall
become j hinding ahJTeement between you and the Underwriter when at least the counterpart of
this letter shall have been sJgned by or nn behalf of each of the parties hereto.
Respectfully submitted,
M.E. ALLISON & CO., JNC.
By:_____________.
Title:
Accepted this
day of
.2006.
NORTH PADRE ISLAND DEVELOPMENT
CORPORA TION
By:
Title:
4" ~787333
15
EXHIBIT A
BOND TERMS
Dated Date:
July 1,2006 (Bonds bear interest from date of delivery).
$2.900,000
September 15, 2022
Principal Amount:
'l-faturity Date:
Interest Rate:
Coupon
0/0
Yield
%
Interest Payment Dates:
Redemption Provisions:
March J 5 and September J 5. commencing March 15, 2007
Optional Redemption.,- The Bonds are subject to redemption prior to maturity at the option
of the Issuer, in whole or in part. from time to time on [~~_p____ J, or any date thereafter, at a
price equal to the pnnclpal amount of Series 2006 Bonds to be redeemed, plus a premium equal
to the following percentages of principal amount:
Redempti,lO Period
Percentage
From September 15. i
] to September 14, [J
] to September 14. L___J
[~%
[~%
[~%
[-]%
From September 15. !
From September 15. i
] to September 14. I
From September 15. i
] to September 14. [
_.._~ ---
J
] to September 14, L~~__]
[~%
From September 15, __~
From September 15. i__
] and Thereafter
0.0%
provided. that If any Bond is selected f()r redemption in part it shall not be redeemed in an
amount that would, upon ex change. result in a Bond in a denomination less than $100,000.
Mandatory Sinkmg Fund Redemption.,-The Bonds are subject to mandatory sinking fund
redemption prior to maturity in the amounts and on the dates set out in the attached Schedule A.
The Bonds to be redeemed in any year by mandatory sinking fund redemption shall be
selected by lot from the Bonds then subject to redemption; provided, that if any Bond is selected
for redemption in part it shall not be redeemed in an amount that would, upon exchange, result in
1 Bond in a denomination less than S 1 00.000.
l <778733 3
Exhibit A-Page 1
The princIpal amount of Bonds required to be redeemed on each such redemption date
pursuant to the foregoing operation of the mandatory sinking fund redemption shall be reduced,
at the optIOn of the Issuer, hy the principal amount of the bonds which, at least 45 days prior to
the mandatory sinkmg funds redemption date, (1) shall have been acquired by the Issuer and
delivered to lPMorgan Chase Bank, National Association, as paying agent/registrar (the"Paying
4gent/Registrar) for cancellation or (2) shall have been acquired and canceled by the Paying
i\gent/Reglstrar a1 the dIrection of the Issuer, in either case of (l ) or (2) at a price not exceeding
the par ..)r princIpal ctmOullt of such Bonds. or (J) shall have been redeemed pursuant to the
)ptional redemption provisJOns described above and not theretofore credited against a mandatory
'lmking tund redemptlOIi During any penod in which ownership of the Bonds is determined by a
book entry at a securities depository f{)] the Bonds, if tewer than all of the bonds of the same
maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such
maturity to be redeemed shall be selected in accordance with the arrangements between the
Issuer and the secuntJes depository: prm ided, that If any Bond is selected for redemption in part
;t shall no! be redeemed 1I1 an amount that would result. upon exchange, in a Bond in a
denomination less than S 1 00,000
45778733.3
Exhibit A- Page 2
A TT ACHMENT A TO EXHIBIT A
September 15
Principal
Amount
Total
2.900.000
-
* maturi ty
~,7787313
Attachment A to Exhibit A-Page 1
EXHIBIT B
(lPINION OF GENER/\L COUNSEL TO THE ISSUER
I The Issuer i~ validly existing as a not-for-profit local government corporation in
good standing under the laws of the State nfTexas It is exempt from payment of federal income
taxes on Its Income
2 The Issuer has the corporate power to execute, deliver and perform its obligations
under the Bond Purchase Agreement, the Bond Resolution, the Indenture, the Bonds, and the Tri-
Party Agreement, and tc' pledge the Contract Tax Increments to be received by it and the other
moneys, nghts and interests pledged pursuant to the Indenture.
1 The Issuer nas duly authorized. executed and delivered the Bond Purchase
~greement. the Bond Resolution. the Indenture. the Bonds, and the Tri-Party Agreement.
4 The Bond Resolution, the Indenture, the Purchase Agreement, and the Tri-Party
\greement constitute the iegaL valid and binding obligations of the Issuer enforceable in
accordance with their terms. except as the enforceability thereof may be subject to or limited by
applicable hankruptc). Insolvency. reorganization. arrangement, moratorium, and other similar
laws relatmg to or affectmg creditors' rights generally. and subject as to enforceability, to general
principles 0 f eq uitv
5 The execution, delivery and performance by the Issuer of the Bond Resolution,
the Indenture. the Bond Purchase Agreement, and the Tn-Party Agreement do not require the
authorization. approval or consent of any governmental authority, except for such authorizations,
approvals or consents as ha\e alreadv been obtained
6 The t'xecutil'n and deliver) of the Bond Resolution, the Indenture, the Bond
Purchase Agreement and the Tn-Party Agreement, and compliance with the terms and
provisions of each thereof. will not conflict with or constitute a breach of or default under, or,
except With respect to the pledge of the Pledged Revenues (as such term is defined in the
Indenture) under the Indenture, result 111 the creation of any lien, charge or encumbrance under
(a, the Articles of Incorporation or Byla\vs of the Issuer: (b) any material indenture, mortgage,
deed of trust. a f,'Teement or other instrument known to us to which the Issuer is a party or is
utherwise subject to or bound; or (c) any order, law. rule or regulation applicable to the Issuer of
any court or other governmental bod v of which we are aware.
7 There is no action. suit, proceeding or investigation at law or in equity before or
by any court. against i)r affecting the Issuer wherein an adverse determination would affect the
corporate power of the Issuer to make or perform its obligations under the Bond Purchase
Agreement. the Bond Resolution, the Indenture or the Tri-Party Agreement, or which would
impair the issuance, sale or delivery of the Bonds.
8 The Issuer has pledged, and all necessary action on the part of the Issuer has been
taken as required to pledge under the Indenture, all of the Issuer's right, title and interest in the
Pledged Revenues to the Trustee on behalf of the holders of the Bonds.
4 '~787331
Exhibit B- Page I
'I The lssuef~ pledge of the Pledged Revenues is valid and binding in accordance
\vith its tem1S without further action on its part and without any filing or recording with respect
thereto except III the records of the Issuer
o Nothing III any statute. regulation, order or rule of law applicable to or affecting
the Issuer eIther grants or affords to the Issuer the benefit of any claim or defense of sovereign or
governmental immunity trom. or otherwise operates to exempt the Issuer from service of,
process ill suit in an appropriate court having jurisdiction over the Issuer in connection with any
,:ontract claim which may be asserted '>, ith respect to the matters which are the subject of the
Bonds, the Bond ResolutIon. the Indenture, the Bond Purchase Agreement or the Tri-Party
'\greement
I fhe Illf\)rmation contalBcd in the Llmited Offering Memorandum under the
heading ''THE ISSUER' and "TIlE ZONE' fairly summarizes the matters of law and information
purported to be shown therein,
~S778733.3
Exhibit B-Page 2
26
CITY COUNCIL
AGENDA MEMORANDUM
AQENDA ITEM:
A. Motion to amend prior to second reading Ordinance authorizing City Manager,
or designee, to execute a Lease Agreement with Peter Bryant (MMD
Communications) for a term of 8 days in April, 2007, for the Texas International
Yacht & Jet Plane Show at Peoples S1. T -Head; providing two 5 year renewals upon
City Manager, or designee, finding show successful for city; by amending Lease
Section 6 to provide that City, in lieu of Marina rental fees, shall receive greater of:
$25.000 or 10% of Net Profits, as defined in Exhibit F; providing for severance.
City Council Action Date: May 30, 2006
B. Second reading Ordinance authorizing City Manager, or designee, to execute a
Le818 Agreement, as amended, with Peter Bryant (MMD Communications) for a term of
8 dllys in April, 2007, for the Texas International Yacht & Jet Plane Show at Peoples St.
T -Head; providing two 5 year renewals upon City Manager, or designee, finding show
successful for city; providing for severance; and providing for publication.
ISSUE: Peter Bryant, President of MMD Communications, proposes that "The Texas
International Yacht & Jet Plane Show" be held at the Corpus Christi Marina in April 2007.
Together with the boat show, Mr. Bryant also wishes to concurrently host a static Aircraft I
Jet Show with Classic Cars at the Corpus Christi International Airport. The City Manager,
or designee, is authorized to execute a Lease Agreement with Peter Bryant (MMD
Communications, a Florida corporation) for a term of 8 days in April, 2007, for the Texas
Intemational Yacht & Jet Plane Show at Peoples St. T-head. The lease Agreements are
attached as Exhibit A and copies are on file with the City Secretary.
REQUIRED COUNCIL ACTION: City Council is required to authorize all leases longer
than one year
PREVIOUS COUNCIL ACTION: None
A presentation was made to City Council November 15, 2005 concerning "The Texas
International Yacht & Jet Plane Show" scheduled for April 2007 at the Corpus Christi
Marina.
CONa..USION AND RECOMMENDATION: It is City Staff~ recommen ation that the City Council
approve the Lease Agreements. l /
/ ' ,
/ ~
Sally Ga , Director
Parks a Recreation Department
Attaehment:
Background Information
BACKGROUND INFORMATION
The Texas International Boat Show will be the first of its kind in Corpus Christi. Peter
Bryent, President of MMD Communications, Inc. first met with Marina Superintendent,
Peter Davidson, in August 2005 to present a plan for the event. Three subsequent
meetings held in October 2005 and March 2006 have been held with City staff and
community partners to discuss issues, logistics, and marketing for the event. Mr. Bryant
also made a presentation to City Council on November 15, 2005 concerning the proposed
event
Peter Bryant has worked for the past thirty years as a publisher and Exhibition Organizer in
various locations around the world, including the USA, Mexico, Russia, Europe and the Far
East. In 2002, Mr. Bryant has organized highly successful International Yacht & Jet Shows
In The Bahamas
Mr. Bryant became interested in hosting an International Yacht and Jet Show in Corpus
Christi after his son, who lives in Houston, saw an article in the "Dallas Morning News"
regarding the $6,000,000 improvements to the Corpus Christi Marina.
Page 1 of 2
ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
LEASE AGREEMENT WITH PETER BRYANT (MMD
COMMUNICATIONS) FOR A TERM OF 8 DAYS IN APRIL, 2007, FOR
THE TEXAS INTERNATIONAL YACHT & JET PLANE SHOW AT
PEOPLES ST. T-HEAD; PROVIDING TWO 5 YEAR RENEWALS UPON
CITY MANAGER, OR DESIGNEE, FINDING SHOW SUCCESSFUL FOR
CITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Lease
Agreement with Peter Bryant (MMD Communications, a Florida corporation) for a term
of 8 days in April, 2007, for the Texas International Yacht & Jet Plane Show at Peoples
S1. T-head. The Lease Agreement provides for two 5 year renewals (with an 8 day term
in April of 2008-12 and 2013-17) upon City Manager, or designee, finding Show
successful for City. The Lease Agreement is attached as Exhibit A and a copy is on file
with the City Secretary.
SECTION 2. Under Article IX, Section 3 of the City Charter, this ordinance and the
Lease Agreement are effective on the 61 st day after City Council adoption of this
ordinance on second and final reading; and the second and final reading of this
ordinance is at least twenty eight (28) days after the first reading. Each reading was
done at a regular meeting of the City Council.
seCTION 3. 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 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.
A.rv'\~ YJJ..N ~ \,Qr'I
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Page 2 of 2
The fore~g ordinan~ ~as. read for the first time and passed to its second reading on
this the~ay of ~rv:...e ,2006, by the following vote:
Henry Garrett _~_ Rex A. Kinnison
G1:L-
---+
-~
The foregoing ordinance was read for the second time and passed finally on this the
"_ day of ~___d_ 2006, by the following vote:
Brent Chesney
John E. Marez
~
~
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Wiliam Kelly
Henry Garrett
Rex A. Kinnison
Brent Chesney
Melody Cooper
John E. Marez
Jesse Noyola
Jerry Garcia
Mark Scott
William Kelly
PASSED AND APPROVED on the .____ day of
,2006
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED 4 April 2006
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
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Page 1 of 21
2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
LEASE AGREEMENT (With Two 5 Yr Renewals: 2008.12 & 2013-17)
BETWEEN THE CITY OF CORPUS CHRISTI
AND
MMD COMMUNICATIONS
THE STATE OF TEXAS
9
9 KNOW ALL PERSONS BY THESE PRESENTS:
9
COUNTY OF NUECES
This lease agreement ("Lease") is entered into by and between the City of Corpus
Christi, a Texas home rule municipal corporation ("City"), acting through its duly
authorized City Manager or his designee ("City Manager"), and MMD Communications
("Lessee"), a Florida corporation.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and
covenants contained herein, agree as follows:
Section 1 Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation
(B) City Attorney means the City's Attorney or the City Attorney's designee
(C) City Council means the City's City Council
(0) City Manager means the City's Manager or the City Manager's designee
(E) Code means the City's Code of Ordinances, as amended
(F) Director means the City's Director of Parks and Recreation or the Director's
designee
(G) Event means the Texas International Yacht & Jet Plane Show conducted and
sponsored by Lessee.
(H) Lease means this agreement and all Exhibits and attachments
(I) Lessee means MMD Communications ("Lessee"), a Florida corporation
organizing and managing the annual Texas International Yacht & Jet Plane
Show
(J) Lessee's Agent means a duly authorized representative of MMD
Communications
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Page 2 of 21
(K) Marina means the City's Municipal Marina
(L) Pollee Chief means the City's Police Chief or the Police Chiefs designee
(M) Premises means the site for the Event, more fully described in the attached
Exhibits A, B, and C that are incorporated by reference in this Lease as if fully set
out in their entirety
(N) Risk Manager means the City's Director of Risk Management or the Director of
Risk Management's designee
(0) Traffic Engineer means the City's Traffic Engineer or the Traffic Engineer's
designee
Section 2 Term; 8 Days in April 2007; Two 5 Year Renewals; Effective Date.
(A) 8 Days in April 2007 This Lease is for a term of eight (8) days, beginning on April
23, 2007 at 12:01 p.m. Lessee shall be entitled to non-exclusive use, for the purpose of
set-up and take-down preparations, of the Premises for a period of eight (8) consecutive
days. from April 23,2007 at 12:01 p.m. through April 30, 2007 at 6:00 p.m.; .and to the
exclusive use of said Premises for a period of up to four (4) days from April 26, 2007 at
6:00 am through April 29, 2007 at 6:00 p.m.
(8) Two 5 Year Renewals City Manager shall renew this Lease for a term of eight (8)
days in April 2008-12 if City Manager finds that the 2007 Event is successful for City.
Further, City Manager shall renew this Lease for a term of eight (8) days in April 2013-
17 if City Manager finds that the 2012 Event is successful for City. The Use Periods for
2007 and the projected Use Periods for 2008-12 and 2013-17 are shown in the attached
Exhibit D.
(C) Effective Date This Lease is effective on the day of ,2006. (As
required by City Charter, the effective date is the 61st day after the adoption by City
Council on second and final reading of the ordinance authorizing the execution of this
lease.)
Section 3 Premises. The City grants to Lessee the privilege of using the following
described City property to conduct the Event:
(A) Peoples Street T -Head; Shoreline This includes the entire Peoples Street
T-Head in the Marina, including boat slips and other amenities. The Shoreline
Premises include the northbound lanes of East Shoreline Boulevard (ESS) from
the south right-of-way of Schatzel! St. (Schatzel/) to the north right-of-way of Star
St. (Star), including median and crossover areas within the above area subject to
the restriction in Section 4(B) of this Lease. This area is more fully detailed in the
attached Exhibit A. (Lessee must at all times keep an unobstructed pavement
conidor at least eighteen (18) feet wide on the east side of ESS from
Schatzell to Star for emergency vehicle use.)
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(8) Fenced Premises The Fenced Premises include fenced-in portions of the Event
Premises. This area is more fully detailed in the attached Exhibit A. Note: This
Lease does not include the American Bank Center or parking lots adjacent to
the American Bank Center. Use of any of these facilities will be covered under a
separate agreement, that is executed between the City and Lessee, if this use is
determined to be necessary by Lessee.
(C) Airport Premises; Separate Lease(s) Note: This Lease does not include the
facilities at the Corpus Christi International Airport ("Airport") for the Static
Aircraft/Jet Plane Show and the Classic Cars Show. Use of any of these
facilities will be covered under one or more separate agreements, executed
between the Lessee and City and/or Tenants at the Airport, if this use is
determined to be necessary by Lessee.
(D) Street closure Areas The street closure process, as outlined by the Traffic
Engineer and further described in Section 10 of this Lease, will govern all street
closures. Street closure areas are shown in the attached Exhibit B.
Section 4 Other Areas; Other Use of Premises.
(A) Requests by Lessee for use of additional City-owned areas requires prior written
approval from the Director.
(8) No concession stand, ride, or other apparatus connected with the Event may be
placed in or on the grass or shrubbery areas within the Premises along Shoreline
Blvd. without the prior written permission of the Director.
Section 5 Event Layout Diagram. At least two weeks prior to the Event, Lessee or
Lessee's Agent must provide the Director with a detailed diagram (Exhibit C) showing
the final Event layout and including all related activities. Layout of the Event is subject
to the approval of the Director.
.~:"~;Of
(A)
In consideration of granting Lessee use of the Premises, Lessee must pay City a
use fee of $100. The fee is due and payable upon the City Council's tinal approval
of this Lease. This fee is in addition to any other use and permit fees required in
this Lease, by City ordinance. or State law.
Lessee must pay to Marina rental fees of $00.01 per square foot per day for all
Marina areas used on the Peoples Street T-Head (excluding areas covered by City
leases to vendors). Also, Lessee must pay to Marina rental fees for in-water boat
storage of exhibitor, patrol, medical, and media boats. The rental fees for in-water
boat storage will be controlled and governed by separately executed agreements
between Lessee and the Marina Superintendent. The Marina rental fees in this
Section 6 (B) will be bilfed as an actual and direct cost under Section 7 of this
(B
. )
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Page 4 of 21
these Marina rental fees, Lessee shall pay to
Marina 10% of the. profits from all events
staged on the Premiaes, including but not limited to profits from entry fees,
admission fees, concessions, and exhibitor contracts including, but not limited to,
boat slip fees). .
(C) Lessee must pay a deposit of five thousand dollars ($5,000) at least one month in
advance of the Event. If paid by check, the check must be a cashier's or certified
check and must be made payable to the City of Corpus Christi. The deposit will be
first used to reimburse the City for any costs incurred for trash pick-up, for the
removal of any structures, or for repairs to City property; provided, however, City
will attempt to provide Lessee with reasonable notification before these expenses
are incurred to allow Lessee to provide the necessary corrective action at Lessee's
cost. If none of these costs are incurred and actual and direct costs are paid as
billed, the deposit will be returned to Lessee within ninety (90) days after the
Event.
Section 7 Actual & Direct Costs; Payment; Late Payment Fee.
l A) Lessee shall pay the City, within thirty (30) days after the City submits a bill, for
actual and direct costs incurred by City for City services related to and rendered in
connection with the Event, including any other City services provided by
departments other than Parks & Recreation and Police.
(8) The Director shall bill Lessee for these costs within thirty (30) calendar days after
the conclusion of the Event. The bill will contain a detailed and itemized listing of
the City's charges for services rendered. Upon receipt of a written request from
Lessee's Agent, the Director shall furnish reasonable supporting documentation of
the charges within ten (10) calendar days of receipt of the request. Lessee's failure
to pay City's bill within 30 days after submittal to Lessee shall result in a late
payment fee being assessed against Lessee. The late payment fee shall be 5% of
the amount due, as shown on City's bill, and this fee will be added to the amount
payable to the City.
(C) If there is a hurricane or other tropical storm occurrence in the local vicinity that
eliminates the Event or that reduces attendance at the Event by more than 50%
from the prior year's attendance level, the City Manager is authorized to adjust the
billing of the City's actual and direct costs.
(D) The City's actual and direct costs, incurred in assisting with the Event, may
include, but are not limited to, the following:
(1) Damages: Damage to City property as a result of the Event will be billed to
Lessee at the cost of repair. Lessee will first be given an opportunity to repair
any damage and restore damaged item, premises, or structure to the
condition in which Lessee received it.
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(2) Clean Up and Litter Removal: Costs of labor contracted for clean-up during
and after the Event. including any additional clean-up that is required by the
Directors of relevant City departments at the conclusion of the Event. at
applicable City rates for the year billed. Lessee will be given the opportunity
to hire and work its own clean-up crew to perform clean up services and litter
removal during and after the Event;
(3) Security and Crowd & Traffic Control: Costs of City Police Officers provided
for security, crowd control, traffic control, and off-site traffic control, at
applicable City rates for the Police Officers assigned, and costs for additional
directional signage, barricades, and cones or other supplemental traffic
control devices, as well as the associated set-up costs, that are provided by
the City. The Police Chief shall determine the number of officers needed for
the Event, including during set-up and take down preparations, in the interest
of public safety: and
(4) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by exhibitor boats at Marina and not paid for
by exhibitors before Event is over.
(5) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by Lessee or Lessee's agents at Marina and
not paid for by Lessee or Lessee's agents before Event is over.
(6) Costs for any other services requested by Lessee or Lessee's Agent and
provided by the City.
Section 8 Emergency Contact Numbers; Notice.
(A) Lessee shall provide emergency contact numbers to the City's Marina
Superintendent and the Director at least one week in advance of the Event.
(8) All notices, demands. requests, or replies provided for or permitted, under this
Lease. by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage.
prepaid; (3) by prepaid telegram: (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or, (5) by fax transmission. Notice
deposited with the United States Postal Service in the manner described above will
be deemed effective two (2) business days after deposit with the United States
Postal Service. Notice by telegram or overnight express delivery service will be
deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed effective upon
transmission with proof of delivery to the receiving party. All these
communications must be made only to the following:
1'10 the Ci~:
If to the lessee:
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Page 6 of 21
Director of Parks and Recreation
Peter Bryant
MMD Communications
City of Corpus Christi
1201 Leopard Street, 78401
P.O. Box 9277. 78469-9277
1801 S. Federal Highway
Suite 224
Corpus Christi, Texas
Delray Beach, FL 33483
(561) 279-0410
FAX (561) 279-0433
(361) 880-3461
FAX (361) 880-3864
E-mail SallyG@cctexas.com
Peter@iyjs.com
Either party may change the address to which notice is sent by using a method set out
above. Lessee shall notify the City of an address change within ten (10) days atter the
address is changed.
Section 9 Public Notices. Lessee shall, at its own expense, provide to the City's
Mama Superintendent, for distribution to the public, Marina tenants, and commercial
enti1les, public notices detailing the Event's scheduled activities. The notices shall be
provided within ten (10) working days of the City Council's approval of this Lease. All
postal expenses incurred by the City Marina in mailing notices for the Event will be
billed to the Lessee under Section 7 of this Lease.
Sectton 10 Temporary Street Closures.
(A) Lessee must make application to and receive permission from the City for the
temporary closure of any streets, in accordance with Chapter 49 of the Code.
Lessee must comply with the application procedures, to obtain a permit for
temporary street closures, that are contained in the Code, including application cut-
off dates and permit fees.
(8) Except as set out in the Code, Lessee must not obstruct or interfere with traffic on
Shoreline Boulevard, either northbound or southbound, at any time during the term
of this Lease.
(C) All street closures require the approval of the City Council to confirm the closures.
Lessee acknowledges that the decision to confirm the closure of streets is within
the sole discretion of the City Council, acting upon the application, at the time the
application is submitted.
Section 11 Parking.
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Page 7 of 21
(A) lessee shall provide parking and signage, for people with disabilities. in close
proximity to the Event entrance and its related activities, as the areas are defined
in the Premises maps (Exhibits A, e, & C).
(8) In addition, Lessee shall provide five (5) parking passes, if passes are based on
City's needs, for City personnel scheduled to work during the Event.
(C) lessee must endeavor to include information on parking restrictions and parking
options in printed pre-Event publicity generated by Lessee.
Section 12 Barricades, Traffic Signs. Lessee shall provide, at its sole cost and
expense, for the installation and maintenance of all required barricades, traffic signs,
signs to limit public viewing areas, and other traffic control devices for the safe control of
vehicular and pedestrian traffic at, and external to, the Premises as set forth in the traffic
control plan approved by the Traffic Engineer for the Event. The Traffic Engineer may
require Lessee to provide temporary directional signage to the nearby
attractions/facilities affected by any street closures and traffic circulation around the
Event.
Section 13 Premises Signage and Advertising. All on-Premises signage and
advertising that Lessee proposes to utilize for the Event must receive the Director's prior
written approval. Lessee or Lessee's Agent may request inflatable advertising for only
those events that receive national television exposure.
Section 14 Rest Rooms; First Aid; Drinking Water. Lessee shall provide functional
and sanitary portable restrooms, including restrooms for people with special needs, and
first aid stations, with drinking water, in both the viewing area of the Premises and on
the Peoples Street T -Head in the Marina. All of the aforementioned items shall be
provtded throughout the duration of the Event.
Section 15 Additional Security. Lessee must separately contract and pay for any
additional security, such as daily pre and post-Event public viewing hours and night
watch security, that Lessee deems necessary in the crane and patrol boat dock areas.
If this security is provided by City's Police Officers, the expense will be billed to Lessee
as an actual and direct cost in accordance with Section 6 of this Lease.
Section 16 Insurance.
(A) lessee shall secure and maintain, at lessee's sole expense during the term of this
Lease. (1) a Commercial General Liability insurance policy, (2) a Liquor Liability
insurance policy, (3) an Automobile Liability insurance policy, (4) an Accident
Insurance Policy insuring Volunteers, and (5) Workers' Compensation insurance;
all required policies shall have the limits and requirements shown in the attached
Exhibit E
(8) The Certificate(s) of Insurance must be sent to the Risk Manager at least two (2)
weeks prior to the starting date of the Event. The Certificate(s) of Insurance must
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Page 8 of 21
provide at least thirty (30) days written notice of cancellation, intent to not renew, or
material change of any coverage required in Exhibit E.
fe) Lessee shall provide copies of all insurance policies to the City Attorney upon the
City Manager's written request.
(0) Lessee shall require that any vendor that sells alcoholic beverages at the Event
furnish proof of Liquor Liability insurance with the limits and requirements set out in
Exhibit E. The Certificate(s) of Insurance must be sent to the Risk Manager at
least two (2) weeks prior to the starting date of the Event and must provide that the
City receive at least thirty (30) days written notice of cancellation, intent not to
renew, or material change of any coverage required in Exhibit E.
Section 17 Indemnity. Lessee ("Indemnitor") hereby agrees to fully
indemnify, save and hold harmless the City of Corpus Christi, its
officers, employees, agents, representatives, and servants
("Indemnitees") against any and aI/liability, damage, loss, claims,
demands and actions of any nature whatsoever on account of
personal injuries (including, without limitation on the foregoing,
wotfrers' compensation, premises defects, and death claims), or
property loss or damage of any kind whatsoever, which arise out of,
are In any manner connected with, or are caused by, or are claimed to
arise out of, are claimed to be in any manner connected with, or are
claimed to be caused by, either proximately or remotely, wholly or in
part, an act or omission, negligence or misconduct by Indemnitor,
Indemnitor's officers, employees, agents, representatives, servants,
contractors, patrons, licensees or invitees entering upon the
PreMises (as described in Section 3 of this Lease) including, but not
limifed to, those portions of Shoreline Boulevard and adjacent
portions of the road median, the Seawall, and the Marina, that are
closed to participate in, hold, attend, or observe the Event and
asseciated activities, with the expressed or implied invitation or
permission of the Indemnitor and including, but not limited to,
exposure to the hazards commonly associated with large crowds,
stre.ts closures, third-party food preparation and distribution, high
speed boat racing, and excessive heat; or when any said injury or
damage is the result, proximate or remote, of the violation by
Indemnitees or any of them, Indemnitor, or any of Indemnitor's
agents, representatives, servants, employees, contractors, patrons,
guests, licensees, or invitees of any law, ordinance, or governmental
order of any kind; or when said injury or damage may in any other
way arise from or out of the improvements located on the Premises,
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out of the use or occupancy of the improvements at the Premises, or
of the Premises itself, by Indemnltees or any of them, Indemnitor, or
Indemnitor's officers, agents, servants, employees, contractors,
patrons, guests, licensees, or invitees.
The terms of indemnification are effective whether said injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of Indemnitees, or any of them. Lessee
covenants and agrees that it shall investigate all claims and demands,
attend to their settlement or other disposition, defend all actions
based thereon with counsel satisfactory to Indemn/tees, and pay all
charges of attorneys and all other costs and expenses of any kind
from any of said liability, damage, loss, claims, demands, or actions.
Section 18 Safety Hazards.
(A) Lessee shall, upon written notice of an identified safety hazard by the Police Chief,
the City's Fire Chief, Director, or Risk Manager, correct the safety hazard(s) within
six hours of receipt of the notification or, if a different response time is included in
the notification received, within the time frame included in the written notice of
safety hazard
(8) If Lessee or Lessee's Agent does not correct the safety hazard(s) within six hours
or the time stated in the notification, as applicable, City may correct, or cause to be
corrected, by any means reasonably available, the existing safety hazard and will
bill Lessee for the associated cost of correction(s) as an actual and direct expense,
in accordance with Section 6 of this Lease,
Section 19 Damages to City Property.
(A) The Director shall provide Lessee's Agent with a list of damages, if any, to City
property located on the Premises within two (2) working days after the close of the
Event lessee shall restore all items on that list to their condition prior to the
Event, to the satisfaction of the City's Director of Engineering, within three (3)
working days of receipt of the list.
(8) If Lessee fails to restore all items on the list, the Director may do so, or may cause
the same to be done. and will bill Lessee for the restoration as an actual and direct
cost as set out in Section 6 of this Lease,
(C) Lessee or Lessees Agent shall, upon conclusion of the Event, fill and compact all
holes in grass areas of the Premises made by Lessee or any entity or person
participating in the Event. The Director shall approve the use and type of fill
material prior to filling by lessee. Any subsidence within the Premises must be
additionally filled by Lessee or Lessee's Agent.
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Section 20 Pavement, Curbs, Sidewalks, and Seawall. Any work that creates holes
or other changes to the pavement, curbs, sidewalks, or Seawall requires the prior
written approval of the Director and the City's Director of Engineering Services before
the work is perfonned; provided however, that no approval shall be given if the work will
require subsequent repairs by the City
Section 21 Permits.
(A) Lessee shall obtain, and require that all vendors obtain, all permits applicable to
the Event which may include, but are not limited to, the following:
(1) a City-County Health Department permit for each booth selling food and all
associated permits for food handling
(2) a Promotional Event Zoning Pennit and a Temporary Structure Event Permit
with a Certificate of Occupancy from the City's Building Inspections
Department;
(3) a Street Closure Pennit from the City's Traffic Engineering Department;
(4) a Special Event Alcohol Permit from the City's Park & Recreation Department;
(5) a Solicitation Permit from the City's Collection Department;
(6) a Regatta and/or Marina Event Permit, as mandated by 33 U.S.C. Section
100, as amended, from the City's Marina Superintendent; and
(7) a Helicopter LandinglTaking Off Permit from the CIty's Airport Manager
(8) Lessee must also obtain permission from the U.S. Coast Guard for use of the
navigable waterways prior to the Event.
(C) Lessee or Lessee's Agent must notify the Director, at least two weeks prior to the
Event, of any special conditions imposed by any permitting agency or the U.S.
Coast Guard upon Lessee. in relation to the Event.
Section 22 Cleanup. Lessee shall require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals
during the Event. Lessee may designate the zone, but it will not be less than 10 feet by
20 feet in the immediate area around each food and beverage booth.
IA) The clean-up must be performed hourly and immediately after closing the Event
each day. All trash cleaned up must be properly deposited in trash bags provided
by Lessee and taken to a location designated by Lessee.
(8) Lessee may hire and work its own clean-up crew during and after the Event. If the
Director detennines that additional clean-up is necessary, Director will give Lessee
or Lessee's Agent two (2) hours notice to increase services and if, after the
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expiration of the response time, the work remains unsatisfactory, the Director may
authorize the use of City workers, and the cost for the labor provided by the City's
clean-up workers shall be billed to Lessee as an actual and direct cost pursuant to
Section 6 of this Lease.
Section 23 Storm Water Inlet Screens. Lessee shall, at its sole cost and expense,
install screens, approved by the City's Storm Water Utility Division, across all storm
water inlets on the Peoples Street T -Head and within any closed streets in the Premises
prior to the beginning of the exclusive use period of this Lease. Lessee shall ensure
that drainage is not blocked or impeded by the placement of the screens. Lessee shall
remove the screens within the non-exclusive use period after the close of the Event.
However, Lessee must remove screens (along with any trash that has accumulated
over the screens) immediately if heavy rain is imminent, or upon the direction of the
Stormwater Superintendent or designee.
Section 24 Construction.
(A) The construction work for displays, stages, electrical, etc., within the Premises or
adjacent closed streets shall be conducted in accordance with the City's building
codes and restrictions.
(8) Construction requested by Lessee that can be foreseen by City to cause damage
shall only be authorized if (1) Lessee provides the Director with written assurance,
submitted prior to the construction being performed, that Lessee agrees to remedy
said damage in accordance with Section 19 of this Lease; and (2) the Director pre-
approves the construction in writing.
Section 25 Temporary Buildings. Lessee must receive prior written approval from
the Director to place any temporary buildings on the physical ground of the Premises.
Otherwise, all temporary buildings moved onto the Premises for the Event shall be
placed and must remain on trailers to promote expeditious removal.
Section 26 Electrical & Water Services. Electrical and water service may not be
provided on or at all parts of the Premises. Lessee must apply for and secure a
Temporary Promotional Event Permit from the City's Building Inspection Division in
order to install electrical service for the Event. Furthermore, a Certificate of Occupancy
must be signed by the proper inspectors to have all temporary services, such as food,
electrical, plumbing, tents and structures, inspected and approved. It is the
responsibility of Lessee to call each inspector for an appointment to inspect and obtain
approval for each temporary service prior to the commencement of the Event.
Section 27 Permissible Vendor Location Markings. No paint or semi-permanent
markings will be permitted that obliterate or deface any pavement markings, street curb
markings or signs heretofore existing for the guidance of motor vehicles or pedestrians.
Chalk or tape markings may be used to pre-mark locations on the sidewalk or street.
Painted markings will only be permitted in grassy areas with the prior written approval of
the Director
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Section 28 Dispute Resolution. The City and Lessee agree that any disputes which
may arise between them concerning this Lease, such as determining the amount of
damage to City property occurring as a result of the Event, must be submitted for
determination and resolution, first to the Director, and thereafter by right of appeal to the
City Manager. The decision of the City Manager may be appealed to the City Council
by giving written notice of appeal to the City Secretary within ten (10) days after the
written decision of the City Manager has been received by Lessee. In the event of an
appeal, the decision of the City Council will be final. This Lease in no way waives
lessee's right to seek other legal remedies during the appeal process.
Section 29 Emergency Vehicle Lanes. Lessee shall, at all times during the Event
and non-exclusive use periods, maintain emergency vehicle lanes upon the Premises
as may be designated by the City's Fire Chief. Lessee must ensure that all emergency
vehicle lanes are kept clear of all obstructions.
Section 30 Fence. Lessee may provide, at its sole expense, a temporary six foot (6')
chain link fence, with gates for access as shown on Exhibit A. The fence will help
improve security, crowd control, litter control, and keep bicycles, skateboards, animals,
and personal coolers out of the Event area.
Section 31 Admission Fee. Lessee may charge an admission fee within the fenced
portion of the Premises as shown on Exhibit A.
Section 32 Volunteers. Lessee must require all volunteers who will participate in the
Event to sign an accident waiver form, which will be maintained on file with Lessee.
The accident waiver form used by Lessee shall be reviewed by the Risk Manager and
approved by the City Attorney at least two (2) weeks prior to the Event.
Section 33 Assignment. Lessee may not assign or transfer this Lease nor sublease
the whole or any part of the Premises without the prior written consent of the City
Council.
Section 34 Breach. Any breach by Lessee of any covenant or condition contained in
this lease entitles the City to terminate this Lease without notice or demand of any kind,
notwithstanding any license or permit issued by the City, and no forbearance by the City
of any prior breach by Lessee is a waiver by or estoppel against the City.
Section 35 Right of Lessee to Use Public Streets. Lessee acknowledges that the
control and use of public streets is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
interest in the public property to Lessee
Section 36 Right of Lessee to Use Public Parks. Lessee acknowledges that the
control and use of public parks is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
Interest in the public property to Lessee.
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Section 37 Not Partnership or Joint Venture. This Lease may not be construed as
or deemed by the parties to be a partnership, joint venture, or any other relationship
which requires the City to co-sponsor or incur any liability, expense, or responsibility for
the conduct of the Event or associated activities. Payments received from Lessee by
the City are compensation for the provision of the City services, as described in this
Lease, and for granting Lessee the right to use public property for the limited purpose
described
Section 38 Agreement between Parties. This Lease is between the City and Lessee
for the purpose of described herein and is not for the benefit of any third party or
individual.
Section 39 City Services Subject to Appropriation. Lessee recognizes that the
services agreed to be provided by the City, pursuant to this Lease, are subject to the
City's annual budget approval and appropriation process. The continuation of any
contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of
each year. is subject to appropriations and budget approval. The City does not
represent that the expenditures required by the City for the provision of services
required by this Lease will be adopted by future City Councils, said determination being
within the sole discretion of the City Council at the time of adoption of each fiscal year
budget. If the expenditures required by the City for the provision of services required by
this Lease are not adopted for the upcoming applicable fiscal year, then City may
terminate this Lease, without recourse by Lessee, only at the end of the current
applicable fiscal year.
Section 40 Compliance with Laws
(A) Lessee must comply with all applicable Federal, State, and local government laws,
rules, regulations, and ordinances which may be applicable to its operation at the
Premises and its performance under this Lease including, without limitation,
compliance with the Americans with Disabilities Act, as amended. All compliance
required by Lessee under this section shall be at Lessee's sole expense and cost.
This Lease IS also subject to applicable provisions of the City Charter.
(8) If any action or proceeding is brought to enforce compliance with this Lease, orfor
failure to observe any of the covenants of this Lease, Lessee must pay the City the
sum that a court of competent jurisdiction may adjudge reasonable as attorney's
fees in said action or proceeding, or in the event of an appeal as allowed by an
appellate court, if a judgment is rendered in favor of the City.
Section 41 Interpretation; Venue. This Lease will be interpreted according to the
Texas laws which govern the interpretation of contracts. The parties agree that venue
lies in Nueces County, Texas, where this Lease was entered into and will be performed.
Section 42 Non-discrimination. Lessee warrants that they are and will continue to be
an Equal Opportunity Employer. Lessee hereby covenants that all of its employees,
participants, invitees, guests, and members of the public shall be treated equally without
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Page 14 of 21
regard to or because of race, color, creed, national origin, ethnicity, sex, disability, or
age and, specifically regarding the employer-employee relationship, in compliance with
all Federal and State laws prohibiting discrimination in employment.
Section 43 Force Majeure. No party to this Lease will be liable for failures and delays
in performance due to any cause or circumstance beyond their control including, without
limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts
of God or the public enemy, common carrier, severe inclement weather, riots or
interference by civil or military authorities. The rights and obligations of the parties will
be temporarily suspended during this period to the extent performance is reasonably
affected
Section 44 Survival of Terms. Termination or expiration of this Lease, for any
reason, shall not release either party from any liabilities or obligations set forth in this
Lease that (a) the parties have expressly agreed shall survive the termination or
expiration, or (b) remain to be performed or by their nature would be intended to be
applicable following the termination or expiration.
Section 45 Construction of Ambiguities. The parties expressly agree that they have
each independently read and understood this Lease. Any ambiguities in this Lease
shaN not be construed against the drafter.
Section 46 Captions. The captions employed in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions hereof.
Section 47 Entirety Clause. This Lease and the incorporated and attached Exhibits
constitute the entire agreement between the City and Lessee for the use granted. All
other promises and representations, oral or otherwise, unless contained in this Lease,
are expressly revoked, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its Exhibits of the terms, conditions, promises,
and covenants relating to Lessee's operations and the Premises to be used in the
operations that are the subject of this Lease.
Section 48 Severability.
It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word hereof be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, provision, phrase,
or word of this Lease or the application hereof to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Lease, or the
application of said term or proviSion to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected hereby.
To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Lease, then the remainder of this
Lease is not affected thereby; and in lieu of each illegal, invalid, or unenforceable clause
or provision, a clause or provision, as similar in terms to the illegal, invalid, or
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Page 15 of 21
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 49 Marina Sale or Lease; Lease Assignment Subject to Council Approval.
If the Marina is sold or leased to another operator, the operator shall be bound by all
provisions of this Lease.
Under Section 4 of Article IX of the City Charter, "No franchise or lease of property of
the City shall be transferred by the holder [Lessee] thereof except with the approval of
the Council expressed by ordinance. which approval shall not be unreasonably
withheld "
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Page 16 of 21
SIGNED IN DUPLICATE, each of which shall be considered an original, on this the
day of___________, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, City Manager
OVED AS TO LEGAL FORM 25 May 2006
Doyte . Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS S
S
COWNTY OF NUECES S
This instrument was acknowledged before me on . ' 2006, by
George K. Noe, or his designee. _ . City Manager of the
City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said
corporation.
Notary Public, State of Texas
Printed name:
Commission expires:__
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--
Page 17 of 21
LESSEE: MMD COMMUNICATIONS
Signature: __________.
Printed Name: Peter Bryant
Title: President Date
STATE OF FLORIDA ~
~
COUNTY OF ____~
This instrument was acknowledged before me on , 2006, by
Peter Bryant, President of MMD Communications, a Florida corporation, on behalf of
said corporation.
Notary Public, State of Florida
Printed name:
Commission expires:.m
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Page 18 of 21
EXHIBIT D
TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
YEAR
NON-EXCLUSIVE USE PERIODS
2007
12:01 p.m. Monday, Apr. 23, 2007
thru 6:00 p.m. Monday, Apr 30.2007
2008-12 12:01 p.m. next to last Monday in Apr.
thru 6:00 p.m. last Monday in Apr.
2013-17 12:01 p.m. next to last Monday in Apr.
thru 6:00 p.m. last Monday in Apr.
::\(Doyle.03.06\PARK&REC.27\Special.Events\06.0525DC. T~ Inti. YachtJet. Lease.Renew.2017 .doc
4 DAY EXCLUSIVE USE PERIODS
6:00 a.m. Thursday, Apr. 26, 2007
thru 6:00 p.m. Sunday, Apr. 29, 2007
6:00 a.m. Thursday, Apr.
thru 6:00 p.m. Sunday, Apr.
6:00 a.m. Thursday, Apr.
thru 6:00 p.m. Sunday, Apr.
Page 19 of 21
EXHIBIT E
INSURANCE REQUIREMENTS
A Lessee must not commence work under this Lease until all insurance required herein has been obtained and
such Insurance has been approved by the City. The Lessee must not allow any subcontractor to commence
work until all similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance. showing the following
minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an
additional insured for all liability policies and a blanket waiver of subrogation is required on all applicable
policies
TYPE OF INSURA
NCE MINIMUM INSURANCE COVERAGE
n-renewal, material Bodily Injury and Property Damage
n all certificates
Y including: $1,000,000 COMBINED SINGLE LIMIT
s Hazard
-~
elling alcohol $1,000,000 COMBINED SINGLE LIMIT
.~
d, Non-owned or
delivering tents. $500,000 COMBINED SINGLE LIMIT
res and
AT A MINIMUM, STATUTORY LIMITS of $20,000 I
~rs $40,000 for BODILY INJURY & $15,000 for
PROPERTY DAMAGE
-- -_._._._.
Required if Lessee employs any person other
than himself/herself:
WHICH COMPLIES WITH THE TEXAS WORKERSD
COMPENSATION ACT AND PARAGRAPH" OF
THIS EXHIBIT
$100,000
ERS $5,000 MEDICAL PAYMENTS per PERSON
$10,000 DEATH or DISMEMBERMENT per PERSON
--.-..".--...-- -.- ._~
30-Day Notice of Cancellation, no
change or termination required 0
COMMEIltCIAL GENERAL L1ABILlT
1 . Commercial Form
2. Prermses - Operations
3. Productsl Completed Operation
4. Contractual Liability
5. BroaClt Form Property Damage
6. Independent Contractors
7. Persooallnjury
LIQUOR LIABILITY
1 . Vendors providing andl or s
AUTOMOBILE LIABILITY -- Owne
rented vehicles
1 . Contractors & Subcontractors
stages, bleachers. temporary structu
other large items
2. Lessee workers and voluntef
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
ACCIDENT POLICY FOR VOLUNTE
I
I
L--____
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such
accidents within ten (10) days of the accident
International Yacht & Jet Plane Show ins. req.
12-16-05ep Risk Mgmt
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Page 20 of 21
II ADDITIONAL REQUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance company
obtained in accordance with Texas law. The contract for coverage must be written on a polley and
endorsements approved by the Texas Department of Insurance. The workers' compensation
coverage provided must be in an amount sufficient to ensure that all workers' compensation
obligations incurred by the Lessee will be promptly met.
B Certificate of Insurance
· The City of Corpus Christi must be named as an additional insured on the liability
coverage, Compensation coverage and a blanket waiver of subrogation is required on all
applicable policies.
· If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to" and deleting the wording after "left", In
lieu of modification of the ACORD form, separate policy endorsements addressing the
same substantive requirements are mandatory.
· The name of the event, including exact dates including move-in and move out
dates shall be shown under the Description of Operationsl Locations / Vehicles/ Special
Items
· At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation
Director of material change, non-renewal, termination or cancellation is required.
C If the Certificate of Insurance does not show on its face the existence of the coverage required by
items 1.B (1 H1), an authOrized representative of the insurance company must include a
letter specifically stating whether items 1.8. (1 )-(7) are included or excluded.
International Yacht & Jet Plane Show ins. req.
12-16-05ep Risk Mgmt
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Page 21 of 21
Exhibit F
Tha following May 24, 2006 e-mail from Peter Bryant to Doyle Curtis shall be used in
defining "Net Profits" as used in this Lease:
>>> "Peter Bryant" <bvanzp@bellsouth.net> OS/24/06 5:28:51 PM >>>
'Dear Doyle,
The following is my [Peter Bryant's] interpretation of net profit for purposes of the
contracts for the boat aAG- aircraft show. [Changes shown in red font are proposed
changes by Doyle Curtis.!
Gross revenue is the total amount of revenue generated from slip sales, exhibit booth
sales, hard standing area space sales, ramp space,hangaf space sales, sponsorship
sales, concession sales, ticket sales. etc.
Gross profit is equal to gross revenue minus the cost to generate this revenue ie
commissions and salaries
Net profit is equal to gross profit minus after the dedlJGt~all other costs associated
with the staging of the event ie tent rental, salaries. telephone, hotel costs, catering
costs ate
I would have no problem with establishing a base figure of $25,000 or 10% of net profit,
whichever is greater
Please give me a call
With best regards
Peter Bryant
Texas International Boat Show"
::I(Doyle.03.06\PARK&REC.27\Special.Events\060525DC. T <Inti. Y achtJet Lease.Renew.2017. doc
Page 1 of 2
ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
LEASE AGREEMENT WITH PETER BRYANT (MMD
COMMUNICATIONS) FOR A TERM OF 8 DAYS IN APRIL, 2007, FOR
THE TEXAS INTERNATIONAL YACHT & JET PLANE SHOW AT
PEOPLES ST. T-HEAD; PROVIDING TWO 5 YEAR RENEWALS UPON
CITY MANAGER, OR DESIGNEE, FINDING SHOW SUCCESSFUL FOR
CITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICA TION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Lease
Agreement with Peter Bryant (MMD Communications, a Florida corporation) for a term
of 8 days in April, 2007, for the Texas International Yacht & Jet Plane Show at Peoples
St. T-head. The Lease Agreement provides for two 5 year renewals (with an 8 day term
in April of 2008-12 and 2013-17) upon City Manager, or designee, finding Show
successful for City. The Lease Agreement is attached as Exhibit A and a copy is on file
with the City Secretary
SECTION 2. Under Article IX, Section 3 of the City Charter, this ordinance and the
Lease Agreement are effective on the 61 st day after City Council adoption of this
ordinance on second and final reading; and the second and final reading of this
ordinance is at least twenty eight (28) days after the first reading. Each reading was
done at a regular meeting of the City Council.
SECTION 3. 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, jf 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 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.
A"S S\..LbyV\;~ CY"\. \=[v~t 'R~~,""S
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Page 1 of 19
2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
LEASE AGREEMENT (With Two 5 Yr Renewals: 2008.12 & 2013.17)
BETWEEN THE CITY OF CORPUS CHRISTI
AND
MMD COMMUNICATIONS
THE STATE OF TEXAS
~
~ KNOW ALL PERSONS BY THESE PRESENTS:
~
COUNTY OF NUECES
This lease agreement ("Lease") is entered into by and between the City of Corpus
Christi, a Texas home rule municipal corporation ("City"), acting through its duly
authorized City Manager or his designee ("City Manager"), and MMD Communications
("Lessee"), a Florida corporation.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and
covenants contained herein, agree as follows:
Section 1 Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation
(8) City Attorney means the City's Attorney or the City Attorney's designee
(C) City Council means the City's City Council
(D) City Manager means the City's Manager or the City Manager's designee
(E) Code means the City's Code of Ordinances, as amended
(F) Director means the City's Director of Parks and Recreation or the Director's
designee
(G) Event means the Texas International Yacht & Jet Plane Show conducted and
sponsored by Lessee.
(H) Lease means this agreement and all Exhibits and attachments
(I) Lessee means MMD Communications ("Lessee"), a Florida corporation
organizing and managing the annual Texas International Yacht & Jet Plane
Show
(J) Leasee's Agent means a duly authorized representative of MMD
Communications
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Page 3 of 19
separate agreement, that Is executed between the City and Lessee, If this use is
determined to be necessary by Lessee.
Ie) Airport Premises; Separate lease(s) Note: This lease does not Include the
facilities at the Corpus Christi International Airport (" Airport") for the Static
Aircraft/Jet Plane Show and the Classic Cars Show. Use of any of these
facilities will be covered under one or more separate agreements, executed
between the Lessee and City and/or Tenants at the Airport, if this use is
detennined to be necessary by Lessee.
(D) Street closure Areas The street closure process, as outlined by the Traffic
Engineer and further described in this Lease, will govern all street closures. Street
closure areas are shown in the attached Exhibit B.
Section 4 Other Areas; Other Use of Premises.
(A) Requests by Lessee for use of additional City-owned areas requires prior written
approval from the Director.
(8) No concession stand, ride, or other apparatus connected with the Event may be
placed in or on the grass or shrubbery areas within the Premises along Shoreline
Drive without the prior written permission of the Director.
Section 5 Event Layout Diagram. At least two weeks prior to the Event, Lessee or
Lessee's Agent must provide the Director with a detailed diagram (Exhibit C) showing
the final Event layout and including all related activities. Layout of the Event is subject
to the approval of the Director.
Section 6 Fees; City Receives 10% of Profits In Lieu of Marina Rental Fees.
I A) In consideration of granting Lessee use of the Premises, Lessee must pay City a
use fee of $100. The fee is due and payable upon the City Council's final approval
of this Lease. This fee is in addition to any other use and permit fees required in
this Lease, by City ordinance, or State law.
(8) Lessee must pay to Marina rental fees of $00.01 per square foot per day for all
Marina areas used on the Peoples Street T -Head (excluding areas covered by City
leases to vendors). Also, Lessee must pay to Marina rental fees for in-water boat
storage of exhibitor, patrol, medical, and media boats. The rental fees for in-water
boat storage will be controlled and governed by separately executed agreements
between Lessee and the Marina Superintendent. The Marina rental fees in this
Section 6 (8) will be billed as an actual and direct cost under Section 7 of this
Lease. However, in lieu of paying these Marina rental fees, Lessee shall pay to
Marina 10% of the profits from all events staged on the Premises, including but
not limited to profits from entry fees, admission fees, concessions, and exhibitor
contracts (including, but not limited to, boat slip fees).
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(3) Security and Crowd & Traffic Control: Costs of City Police OffIcers provided
for security, crowd control, traffic control, and off-site traffic control, at
applicable City rates for the Police Officers assigned, and costs for additional
directional signage, barricades, and cones or other supplemental traffic
control devices, as well as the associated set-up costs, that are provided by
the City. The Police Chief shall determine the number of officers needed for
the Event, including during set-up and take down preparations, in the interest
of public safety; and
(4) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by exhibitor boats at Marina and not paid for
by exhibitors before Event is over.
(5) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by Lessee or Lessee's agents at Marina and
not paid for by Lessee or Lessee's agents before Event is over.
(6) Costs for any other services requested by Lessee or Lessee's Agent and
provided by the City.
Section 8 Emergency Contact Numbers; Notice.
(A) Lessee shall provide emergency contact numbers to the City's Marina
Superintendent and the Director at least one week in advance of the Event.
(B) All notices, demands, requests, or replies provided for or permitted, under this
Lease, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or, (5) by fax transmission. Notice
deposited with the United States Postal Service in the manner described above will
be deemed effective two (2) business days after deposit with the United States
Postal Service. Notice by telegram or overnight express delivery service will be
deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed effective upon
transmission with proof of delivery to the receiving party. All these
communications must be made only to the following:
.If to the City:
Director of Parks and Recreation
If to the Lessee:
Peter Bryant
MMD Communications
City of Corpus Christi
1201 Leopard Street, 78401
P.O. Box 9277, 78469-9277
1801 S. Federal Highway
Suite 224
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Section 12 Barricades, Traffic Signs. Lessee shall provide, at Its sole cost and
expense, for the installation and maintenance of all required barricades, traffic signs,
signs to limit public viewing areas, and other traffic control devices for the safe control of
vehicular and pedestrian traffic at, and external to, the Premises as set forth in the traffic
control plan approved by the Traffic Engineer for the Event. The Traffic Engineer may
require Lessee to provide temporary directional signage to the nearby
attractions/facilities affected by any street closures and traffic circulation around the
Event.
Section 13 Premises Signage and Advertising. All on-Premises signage and
advertising that Lessee proposes to utilize for the Event must receive the Director's prior
written approval, Lessee or Lessee's Agent may request inflatable advertising for only
those events that receive national television exposure.
Section 14 Rest Rooms; First Aid; Drinking Water. Lessee shall provide functional
and sanitary portable restrooms, including restrooms for people with special needs, and
first aid stations, with drinking water, in both the viewing area of the Premises and on
the Peoples Street T-Head in the Marina. All of the aforementioned items shall be
provided throughout the duration of the Event.
Section 15 Additional Security. Lessee must separately contract and pay for any
additional security, such as daily pre and post-Event public viewing hours and night
watch security, that Lessee deems necessary in the crane and patrol boat dock areas.
If this security is provided by City's Police Officers, the expense will be billed to Lessee
as an actual and direct cost in accordance with Section 6 of this Lease.
Section 16 Insurance.
(A) Lessee shall secure and maintain, at Lessee's sole expense during the term of this
Lease, (1) a Commercial General Liability insurance policy, (2) a Liquor Liability
insurance policy, (3) an Automobile Liability insurance policy, (4) an Accident
Insurance Policy insuring Volunteers, and (5) Workers' Compensation insurance;
all required policies shall have the limits and requirements shown in the attached
Exhibit E
(B) The Certificate(s) of Insurance must be sent to the Risk Manager at least two (2)
weeks prior to the starting date of the Event. The Certificate(s} of Insurance must
provide at least thirty (30) days written notice of cancellation, intent to not renew, or
material change of any coverage required in Exhibit E.
(C) Lessee shall provide copies of all insurance policies to the City Attorney upon the
City Manager's written request.
(0) Lessee shall require that any vendor that sells alcoholic beverages at the Event
furnish proof of Liquor Liability insurance with the limits and requirements set out in
Exhibit E, The Certificate(s) of Insurance must be sent to the Risk Manager a1
least two (2) weeks prior to the starting date of the Event and must provide that the
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atlend to their settlement or other disposition, defend all actions
blfBed thereon with counsel satisfactory to Indemnltees, and pay all
cIMrges of attorneys and all other costs and expenses of any kind
from any of said liability, damage, loss, claims, demands, or actions.
Section 18 Safety Hazards.
(A) Lessee shall, upon written notice of an identified safety hazard by the Police Chief,
the City's Fire Chief, Director, or Risk Manager, correct the safety hazard(s) within
six hours of receipt of the notification or, if a different response time is included in
the notification received, within the time frame included in the written notice of
safety hazard.
(B) If Lessee or Lessee's Agent does not correct the safety hazard(s) within six hours
or the time stated in the notification, as applicable, City may correct, or cause to be
corrected, by any means reasonably available, the existing safety hazard and will
bill Lessee for the associated cost of correction(s) as an actual and direct expense,
in accordance with Section 6 of this Lease.
Section 19 Damages to City Property.
(A) The Director shall provide Lessee's Agent with a list of damages, if any, to City
property located on the Premises within two (2) working days after the close of the
Event. Lessee shall restore all items on that list to their condition prior to the
Event, to the satisfactIon of the City's Director of Engineering, within three (3)
working days of receipt of the list.
(B) If Lessee fails to restore all items on the list, the Director may do so, or may cause
the same to be done, and will bill Lessee for the restoration as an actual and direct
cost, as set out in Section 6 of this Lease.
(C) Lessee or Lessee's Agent shall, upon conclusion of the Event, fill and compact all
holes in grass areas of the Premises made by Lessee or any entity or person
participating in the Event. The Director shall approve the use and type of fill
material prior to filling by Lessee. Any subsidence within the Premises must be
additionally filled by Lessee or Lessee's Agent.
Seeton 20 Pavement, Curbs, Sidewalks, and Seawall. Any work that creates holes
or other changes to the pavement, curbs, sidewalks, or Seawall requires the prior
written approval of the Director and the City's Director of Engineering Services before
the work is performed; provided however, that no approval shall be given if the work will
require subsequent repairs by the City
Section 21 Permits.
(A) lessee shall obtain, and require that all vendors obtain. all permits applicable to
the Event which may include, but are not limited to, the following:
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However. lessee must remove screens (along with any trash that has accumulated
over the screens) immediately if heavy rain is imminent, or upon the directIon of the
Stormwater Superintendent or designee.
Section 24 Construction.
(A) The construction work for displays, stages, electrical, etc., within the Premises or
adjacent closed streets shall be conducted in accordance with the City's building
codes and restrictions.
(B) Construction requested by Lessee that can be foreseen by City to cause damage
shall only be authorized if (1) Lessee provides the Director with written assurance,
submitted prior to the construction being perlormed, that Lessee agrees to remedy
said damage in accordance with Section 19 of this Lease; and (2) the Director pre-
approves the construction in writing.
Seotlon 25 Temporary Buildings. Lessee must receive prior written approval from
the Director to place any temporary buildings on the physical ground of the Premises.
Otherwise, all temporary buildings moved onto the Premises for the Event shall be
placed and must remain on trailers to promote expeditious removal.
Section 26 Electrical & Water Services. Electrical and water service may not be
provided on or at all parts of the Premises. Lessee must apply for and secure a
Temporary Promotional Event Permit from the City's Building Inspection Division in
order to install electrical service for the Event. Furthermore. a Certificate of Occupancy
must be signed by the proper inspectors to have all temporary services, such as food.
electrical, plumbing, tents and structures, inspected and approved. It is the
responsibility of Lessee to call each inspector for an appointment to inspect and obtain
approval for each temporary service prior to the commencement of the Event.
Section 27 Permissible Vendor location Markings. No paint or semi-permanent
markings will be permitted that obliterate or deface any pavement markings, street curb
martlngs or signs heretofore existing for the guidance of motor vehicles or pedestrians.
Chalk or tape markings may be used to pre-mark locations on the sidewalk or street.
Painted markings will only be permitted in grassy areas with the prior written approval of
the Director
Section 28 Dispute Resolution. The City and Lessee agree that any disputes which
may arise between them concerning this Lease, such as determining the amount of
damage to City property occurring as a result of the Event, must be submitted for
determination and resolution, first to the Director, and thereafter by right of appeal to the
City Manager. The decision of the City Manager may be appealed to the City Council
by giving written notice of appeal to the City Secretary within ten (10) days after the
written decision of the City Manager has been received by Lessee. In the event of an
appeal, the decision of the City Council will be final. This Lease in no way waives
Lessee's right to seek other legal remedies during the appeal process.
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Section 39 City Service. SubJect to Appropriation. Lessee recognizes that the
services agreed to be provided by the City, pursuant to this Lease, are subject to the
City's annual budget approval and appropriation process. The continuation of any
contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of
each year, is subject to appropriations and budget approval. The City does not
represent that the expenditures required by the City for the provision of services
required by this Lease will be adopted by future City Councils, said determination being
within the sole discretion of the City Council at the time of adoption of each fiscal year
budget. If the expenditures required by the City for the provision of services required by
this Lease are not adopted for the upcoming applicable fiscal year, then City may
terminate this Lease, without recourse by Lessee, only at the end of the current
applicable fiscal year
Section 40 Compliance with Laws
(A) Lessee must comply with all applicable Federal, State, and local government laws,
rules, regulations, and ordinances which may be applicable to its operation at the
Premises and its performance under this Lease including, without limitation,
compliance with the Americans with Disabilities Act, as amended. All compliance
required by Lessee under this section shall be at Lessee's sole expense and cost.
This Lease is also subject to applicable provisions of the City Charter.
(8) If any action or proceeding is brought to enforce compliance with this Lease, or for
failure to observe any of the covenants of this Lease, Lessee must pay the City the
sum that a court of competent jUrisdiction may adjudge reasonable as attorney's
fees in said action or proceeding, or in the event of an appeal as allowed by an
appellate court, if a judgment is rendered in favor of the City.
Section 41 Interpretation; Venue. This Lease will be interpreted according to the
Texas laws which govern the interpretation of contracts. The parties agree that venue
lies in Nueces County, Texas, where this Lease was entered into and will be performed.
Section 42 Non-dlscrlmination. Lessee warrants that they are and will continue to be
an Equal Opportunity Employer. Lessee hereby covenants that all of its employees,
participants, Invitees, guests, and members of the public shall be treated equally without
regard to or because of race, color, creed, national origin, ethnicity, sex, disability, or
age and, specifically regarding the employer-employee relationship, in compliance with
all Federal and State laws prohibiting discrimination in employment.
Seclon 43 Force Majeure. No party to this Lease will be liable for failures and delays
in performance due to any cause or circumstance beyond their control including, without
limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts
of God or the public enemy, common carrier, severe inclement weather, riots or
interference by civil or military authorities. The rights and obligations of the parties will
be temporarily suspended during this period to the extent performance is reasonably
affected.
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Page 15 of 19
SIGNED IN DUPLICATE, each of which shall be considered an origina', on this the
____ day of ________, 2006,
ATTEST:
CITY OF CORPUS CHRISTI
George K. Noe, City Manager
Armando Chapa, City Secretary
5
APPROVED AS TO LEGAL FORM A' January 2006
f2C ---. _____
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS ~
~
COUNTY OF NUECES fi
This instrument was acknowledged before me on ,2006, by
George K Noe, or his designee, , City Manager of the
City of Corpus Christi a Texas home-rule municipal corporation, on behalf of said
corporation
NoUiuy Public, State of Texas
Printed name:
Commission expires:__
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Page 17 of 19
EXHIBIT D
TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
YEAR
NON-EXCLUSIVE USE PERIODS
4 DAY EXCLUSIVE USE PERIODS
2007
12:01 p.m. Monday, Apr. 23. 2007
thru 6:00 p.m. Monday, Apr. 30, 2007
6:00 a.m. Thursday, Apr. 26, 2007
thru 6:00 p.m. Sunday, Apr. 29, 2007
2008-12 12:01 p.m. next to last Monday in Apr. 6:00 a.m. Thursday, Apr.
thru 6:00 p.m. last Monday in Apr. thru 6:00 p.m. Sunday, Apr.
2013-17 12:01 p.m. next to last Monday in Apr.
thru 6:00 p.m. last Monday in Apr.
6:00 a.m. Thursday, Apr.
thru 6:00 p.m. Sunday, Apr.
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Page 19 of 19
II ADDITIONAL REQUIREMENTS
A Lessee must obtain workers' compensation coverage through a licensed insurance company
obtained in accordance with Texas law. The contract for coverage must be written on a pOlicy and
endorsements approved by the Texas Department of Insurance. The workers' compensation
coverage provided must be in an amount sufficient to ensure that all workers' compensation
obligations incurred by the Lessee will be promptly met
8 Certificate of Insurance
· The City of Corpus Christi must be named as an additional Insured on the liability
coverage, Compensation coverage and a blanket waiver of subrogation is required on all
applicable policies.
· If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to" and deleting the wording after "left". In
lieu of modification of the ACORD form, separate policy endorsements addressing the
same substantive requirements are mandatory
· The name of the event, including exact dates including move-in and move out
dates shall be shown under the Description of Operations/ Locations / Vehicles/ Special
Items
. At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation
Director of material change, non-renewal. termination or cancellation is required.
r: If the Certificate of Insurance does not show on its face the existence of the coverage required by
items 1.8 (1 )-(7), an authorized representative of the insurance company must include a
letter specifically stating whether items 1 S. (1 )-(7) are included or excluded.
International Yacht & Jet Plane Show ins req.
12-16-05ep Risk Mgmt
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27
AGENDA MEMORANDUM
Date: May 30, 2006
SUBJECT: Interlocal Agreement between the City and the Corpus Christi Independent
School District
AGENDA ITEMS:
Resolution authonzing the City Manager or his designee to execute an Interlocal Agreement with
the Corpus Christi Independent School District to locate and jointly operate a branch library on
District property next to the Kaffle Middle School.
ISSUE:
In November, 2004 the voters approved $3.5 million for the construction of a new branch library
on the City's far southside. The City has developed an Interlocal Agreement with the Corpus
Christi Independent School District to provide for construction of the branch next to the Kaffie
Middle School on Brockhampton and for joint operation of the branch by City and District.
City staff has met WIth District staff to develop an Interlocal Agreement. The District will lease
w the City for fifty (50) years at one dollar ($1) per year land next to Kaffie sufficient for a
12,000 sq n library ninety -one (91 ) parkmg spaces and landscaping area. The Agreement also
provides the basis for jomt (I)st shanng. The District will pay a portion of utilities for the full
calendar year based on the space it "primarily" uses for school library operations; City will pay
District for mowing and other landscaping services as needed. District and City will jointly
staff the library and during the school year District staff will work evenings and Sundays to serve
the general public. This arrangement is similar to the one on operation at the Janet F. Harte
Public Li brary in Flour Bluff Because of support for the District there the library is able to
open on Sunday during the ~chool year
REQUIRED COUNCIL ACTION.
Interlocal agreements requir~' City C"HlllCiI approval.
RECOMMENDATION:
Staff recommends approval
-;/~!k- J--
Herb Canales
Director of Libraries
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT TO LOCATE AND JOINTLY
OPERATE A BRANCH LIBRARY ON DISTRICT PROPERTY NEXT TO
THE KAFFIE MIDDLE SCHOOL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager or designee is authorized to execute an Interlocal
Agreement with the Corpus Christi Independent School District to locate and jointly
operate a branch library on District property next to the Kaffie Middle School.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED 24 May 2006
11/ , fl ~ /"-' &; ~
V~~~ ~
Veronica Ocanas
Assistant City Attorney
for City Attorney
H\lE(;~DIRlVeronlcaO\4 LIBRARY 19\52506 Intlcl Agmt w CCISD branch horary Kaffie Middle SChool doc
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Corpus Christi Independent School District and City of Corpus Christi
Intergovernmental Agreement to Operate and Maintain
Southslde Library
WHEREAS, the voters of Corpus Christi approved a $3.5 million bond issue in November,
2604 to construct, furnish, and equip a new branch library (Library) on the southside;
WHEREAS, in the spirit of cooperation, enhancing services and maximizing tax dollars, the
Corpus Christi Independent School District (District) and the City of Corpus Christi (City) desire to
construct the Library on District property at the Kaffie Middle School (School), 5922 Brockhampton,
Corpus Christi, Nueces County, Texas.
WHEREAS, City and District desire to cooperate in the operation of the Library to better
serve the interests of the taxpayers and general public.
NOW, THEREFORE, for and in consideration of the covenants, undertakings and
considerations herein stated, City .and District mutually agree as follows:
1 TERM OF LEASE AND 'LEASED PREMISES
A For and in consideration of one dollar a year, receipt of which is hereby acknowledged,
District hereby leases to City. for a term of fifty (50) years, subject to the other tenns and conditions
of this Agreement, the land upon which the City will construct the Library and parking area (Leased
Premises; as described Exhibit A, attached hereto, together with the right of ingress and egress
thereto.
B Lease will be irrevocable so long as building constructed by City on Leased Premises is used
as a branch of the City's public library system. If District ceases participation in joint operation of
i.ibrary or if District ceases School operations at this site, lease will continue. Additionally, District
Wlli continue to grant the rights of ingress and egress even if District ceases participation in joint
operation of Library.
C City may cease library operations as defined below at the end of District's fiscaf year, but the
1
City will notify the District no later than 120 days prior to the end of the District's fiscal school year.
District rnay lease Library from the C::ity for a fee to be agreed upon at such time when City would
c:ease operations If the Di~trict does not exercise its option to lease the Library building, the parties
agree te entl~r Into negotiations for use of the Library building. District may cease participation in
!oint operation at tile end of City's fiscal year. but Distnct shall notify the City no later than 120 days
pnor to the end of City's fiscal year Upon terminatIon of Joint operation of Library building, District
will retain right to remove District property and the parties agree to enter into negotiations for use of
Ihe Library l)uilding
Cessation of operations occurs when (i) the Citys or the District's governing body declares
that operations at the Library will cease and (ii) the City's or the District's governing body fails to
provide funds for Library operations
E The City grants the District use of the Brockhampton Park, a city park adjacent to School, for
.mysical education classes conducted during school days. For the period of time that the classes
are being conducted. the District's use of the Park will be exclusive.
2 lOCATION
The Library wil: be built with II I the Leased Premises area identified in attached Exhibit A.
The exact location of the Library within the Leased Premises will be subject to approval by the
District
3. DESIGN OF LIBRARY
A City has exclUSIve authority to select the architect (Architect) for the design of the Library.
City will enter into a ProfessIonal Services Contract with Architect for the proper design of the
LIbrary Library will be a freestanding structure, not affixed to any District building other than the
:onstruction of a canopy by tile City linking the Library to the School
B City has the authority to approve plans and specifications for the Library. The District shall
113ve an opportunity to review the plans and specifications and be allowed to provide input prior to
full completion of plans The District shall be represented on the City's Library Building Committee
2
by two District employees to be appointed by the Superintendent. This committee serves in an
advisory capacity to the City Council City will pay all costs for design of library.
4 LANDSCAPING
City will landscape area within Leased Premises.
5 CONSTRUCTION OF LIBRARY
A. City has exclusive authority to award contract for construction of the Library. City will enter
Into construction contract with contractor for proper construction of library. City will supervise
onstructloP 1,1 I II), ar'! Cty wIll pay for all construction (;Osts associatpd with the Libn=IfY City will be
responsible for final acceptance of Library City will pay for site preparation costs for the Leased
Premises District will guarantee access for construction, deliveries and any future improvements
undertaken by City to the Library Building within the Leased Premises. Curbs and cuts for a service
drive along the perimeter of the Leased Premises shall be at the discretion and expense of the City.
B City will ir Istall exterior lighting within Leased Premises.
( Costs associated with external directional signage will be the responsibility of the City.
6. FURNISHINGS AND EQUIPMENT
City will retam rtght to determine Intenor deslglllllcluding furnishings and equipment. City will
purchase Initial furnishings for Library.
7 UTILITIES
A City will provide all City utility connections
B City and District will develop plans for electrical and telecommunications needs.
8 OWNERSHIP OF LIBRARY AND CONTENTS
City owns the library. City will name the Library. Each party retains ownership of property it
brings into the Library City Will be responsible for insuring the Library City will be responsible for
mamtaining and insunng City-owned property located in Library. District will be responsible for
maintaining and insuring District-owned property located in Library.
May 12, 2006 (2:43PM)
3
9. PERMITTED USES
The City will construct a building on Leased Premises within area identified in Exhibit A to be
. Jsed as a branch of the City's public library system Any use of said building by City for purposes
uther than as a branch of the City> public library system will be subject to written approval by
District
10. LIBRARY PARKING AREA AND DRIVEWAY
1'\. City will construct a parking area with ninety-one (91) parking spaces within Leased
:)remises nle locatton ot which will be subject to approval by the District Of these ninety-one (91)
parking spaces, thirty-four (34) will de dedicated to school use (staff and visitors) during school
Dperations District will pay a pro-rata share of routine maintenance based on the numberof spaces
Jsed.
8 District and City will enforce designated parking spaces
City Nil! provide lighting in parking area.
11. JOINT OPERATION OF LIBRARY
C'jv 1"0 ni,:;tn'~t agree to operate !,'brary
Library will serve the public and the Distnct
12. PREPARATION OF ANNUAL BUDGETS
City and District Will prepare annual budgets for the Library. City and District staff will meet
L: descTibecl in Sections '13.1'1, and 1").
and agree on schedules and recommended budgets by April 1 annually. Budgets will be approved
on or before the first day of each fiscal year for City and District.
B The annual budgets will provide for operating expenses, including, but not limited to, building
maintenance cleaning service. utilities, grounds upkeep, parking area maintenance, security,
telecommunication services, shared computer system maintenance, joint purchase agreements as
nay be agreed to by both parties, staffing. books and other library materials. District and City will
<;hare in said costs based on Section 14 herein.
~=" City and District retain right to contract for services for any part of operations for their
May 12,2006 '243PM)
4
respective services
o City dlld Olstrlci dckrlowledge that this Agreement between them is made pursuant to the
Interlocal Cooperalion Act. ~hapter 791, Texas Govelllment Code In accordance with Section
!Cl1011{ d)(31 of the Texas Government Code, City and District also each certify that payments each
NIII make in accordance with the terms)! ttlis agreement will be made from current revenues
wallable to City and District respectively, and any future payments will be subject to appropriations.
Payments will be made in a timely manner after notification
13. OPERATING AND MAINTENANCE EXPENSES
City and Distnct will share Operating and Maintenance Expenses as follows:
A District will share Library staffing responsibilities nights and weekends with City while School
is In sessIon excluding District holidays, one hundred eighty-seven (187 days) annually as of this
contract date This proVIsion IS subject to change predicated on calendar adopted and incorporated
by District
E City and Distnct will each pay a portion of the following costs based on the percentage of
space prima, !Iv decllcated to school library functiom, Ihe costs to be shared are: utilities, interior
cieaning serVice, alarm monltonng, lJPOI) award of the construction contract, City and District will
finalize the percentage to be paid by each City will ~lIre or contract for these interior services and
t>!1i Districi dlH1ually based (1/1 the agreed to formula District will provide the following exterior
services: mowing and grounds upkeep, irrigation system maintenance, removal of graffiti. The
same formula as described above will apply to these exterior services. District will hire or contract
for these exterior services and bill City annually based on the agreed to formula,
e District will provide security during School hours jf District requires security, City will be
responsible for providing for security at such other times as City deems necessary.
D
( 1 )
The City and the District agree to establish and maintain at least minimum
quantitative and qualitative standards regarding collections, staffing, and hours of operation as
estabUshed by Texas State Library and Texas Education Agency,
May 12, 2006 (2:43PM)
5
(2) District wIll provide an initial library materials budget not less than the current fiscal
year upon adoption of Interlocal Agreement City will provide an initial library materials budget not
ess than the current fiscal year for a full service branch
C'i District agrees to provide an Initial slaffing configuration of a minimum of three (3) full
time eqUivalents, comprised of full and part-time employees plus student workers as assigned. City
agrees to provide an initial staffing configuration of a minimum of seven (7) full time equivalents,
comprised of full and part-time employees.
City will staff L !brary jurinq District recess except days designated as holidays by City
F City will pay mainten :mce expenses of Library, including, but not limited to, all repairs and
modificatIons to Library, plumbing repairs, and electrical repairs.
14. LIBRARY POLICIES
i'\ The District acknowledges that City policies currently in effect and as may be adopted or
amended from time to time ire enacted solely at the dIscretion of the City. The District further
acknowledges that the City s not responsible for the enforcement of District policies. The City
acknowledops that the Dlstn ' ~'(! ,,:., iTently in effect '-md 8S may be adopted or amended from
trme to time dre Ewacted at 'he discretion of the District The pariies acknowledge that District
policies do not apply to the general public
B DIslr,ci will De respolslble fOI actions, activities, and behavior of its students and District
employees during school hOllrs in accordance with all applicable federal and state laws, District
rules and City ordinances. City may refer District students or District employees to District
admmjstratioll for action dur, 19 sctloul hours City will !lot act In loco parentis but will take any
measures deemed necessary to maintain an enVIronment appropriate to conducting Library
activities. City has no responsibility for students during school hours
City and District will observe alf appiicable Weapons Laws and City smoking ordinances
Thp hours of operation may vary from those normally observed either by public or school
libraries. However, notwithstanding policies developed regarding the library, City will establish
May 12, 2006 i2:43PM,
6
hours of operation and opening and closing procedures, with recommendations from District.
DIstrict will be granted access to Library during school hours
The City reserves the right te select library matenals consistent with its missions and
oles The Dlstnct reserves the right to select library materials consistent with its missions and
roles. Each party will be responsible for purchasing its own library materials. Neither party can
direct what materials are purchased or retained by the other party. District will house in Library
Its bibliographic holdings. including books, periodicals. and other library materials and will
participate in the shared automated iilltctfv system which its high schools participate in, known
as LiNCe (Library Information Network of Corpus Christl).
F City and Distnct will Jointly staff the Library Any District employee assigned to work in
the Library will possess the necessary education and background and will remain employees of
District for all purposes. Any City employee assigned to work in the Library will possess the
necessary education and background and will remain employees of City for all purposes. City
and District employees will assist all patrons while on duty.
15 PURCHASE OF LIBRARY
If Distnct desires to purchase the Library, District will give City written notice of its interest in
purchasing the Library If City agrees. purchase will be subject to a mutually agreed purchase price.
16 PURCHASE OF LAND AND RIGHT OF FIRST REFUSAL
l\ If City desires to purchase the Leased Premises. City will give District written notice of its
Interest in purchasing the Leased Premises If District agrees, purchase will be subject to mutually
agreed purchase price
B If Distnct. during the lease term. deSires to sell all or any portion of the Leased Premises
and/or areas of ingress/egress, City will have the right of first refusal to meet any bona fide offer
:}i sale on the same terms of the offer
17 NOTICE
Notice may be given by hand delivery or certified mail. postage prepaid, and is deemed
May 12, 2006 (243PM)
7
received on the day hand delivered or on the third day after deposit if sent certified mail. Notice will
be sent as follow~
IFiOCIT(
City of Corpus Omsli
Attention: Director ot LibranE'~
POBox 9277
Corpus Chnstl 1 exas 78469-9271
IF TO DISTRICT
Corpus Christi Independent SdlOOI District
Attn Superintendent
PO Box 110
Corpus Christi, Texas 78403-0110
t8 RESOLUTION OF DIFFERENCES
'l. The following matters are no! ~;utJJeLt lu t!-i(; . esolutlon process identified herein:
( 1 ) Location of the Leased Premises.
(2\ Matters concerning the design construction, location and other matters covered by this
Agreement
(3\ Matters which Impinge on the City's miSSion and role as a public library
(4) Any matter which IS In c;(JI'flic vVltll this Agreement
B Mattt"rs that cannot be resolved Informally al the Library between City and District
ernpj.'vees Nil! bE ~~l ;jRi' !"P '!!()vvlnq pu)cess
(1 \ Level One District Schoo Prlllclpal and the City Branch Manager.
(2 \ L p\lel TV/n Distnc Coordinator cf Library SerJices and the City Director of Libraries
(3 I Level Three Dlstnct Superintendent and City Manager
(4 Level Four Dlstnct Trustees and City Councli or their appointees.
(5 If ttle matter cannot be res!)lvprl hy the plT1cess described above, then either party shall
be entitled to pursue ihe matter through the legal processes
19 REMEDIES
If nlBre is a '.'reaC!1 01 thlsA~1reer~lellt by City or Distnct. the party not in breach will have
against the other party all remedies kr breach of contract The prevailing party will be entitled to
recover reasonable attorney fees This Agreement is for the exclusive benefit of the City and District
May 12,2006 i243PM)
8
and in no way may be construed to be for the benefit of any third party.
20 AMENDMENT
This Agreement rnay be amended in writln~l by c1uly i1uthorized officials of City and District
Modifications which do not change the essential scope and purpose of this Agreement may be
approved IJ'y the City Marlager or designee on behalf of the City and the Superintendent or designee
on behalf at District
21 AUTHORITY OF PARTIES
Each party by Its sign "lture hel eo I' ';t8tes !l'At the [lerson signing is a duly authorized official
of that party and that all (lcb ; tecessary to authorize this Agreement have been taken.
22 SEVERABILITY
If any covenant condition. or provision in thiS .Agreement is held to be invalid by any court of
competent Jurisdiction the mvalidity of such covenant, condition, or provision in no way affects any
oHler covenant, condition or provision herem contained
23, FORCE MAJEURE
Neither City lior District are in breach of this Agreement by reason at failure to perform any 01
I.:; nbligations hereunder If, wllile and 10 tlie extenlllldl s\Jci\ failure is due to strikes. boycotts, labor
disputes, em bargoes, shortages of materials, acts of God, acts of the public enemy, acts of superior
governmental authOrity, weather conditions. floods riots, rebellion, sabotage or any other
Circumstances for which it is not responsible and whiCh are not within its control.
24, INCORPORATION OF EXHIBITS
All exhibits referred to in this Agreement are intended to be and are hereby specifically made
'3 part of this Agreement
25 COMPLIANCE WITH LAW
This Agreement is subject to all Federal laws, laws of the State of Texas, City ordinances,
and regulations promulgated thereunder
26, EFFECTIVE DATE OF AGREEMENT
May 12, 2006 (2:43PM)
9
This Agreement will t)egin upon approval by City Council and District Board of Trustees
4GREE[: TO BY
CITY OF CORPUS CHRISTI
BV
Date
George K. Noe
City Manager
Approved r~ t~leg~1 fornr .. .
f' ,\\' L" .~,. ,jl
By _ ' ' I \i\;"ll'.!~_'lIT~_
Veroni Ocanas .
Assistant City Attorney
For City Attorney
CORPUS,~t1~!5TII~DEPEN?'NT SCHOOL. DISTRICT
f "
/'. .~~.. . //''5l
B v +.-'-+-_~":-'::.-:; .._ .1.....:1. "::L (
Dr' Manu~ Flores
President, \Board/of T rustew
Jf
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Mary, ley / /
Interim Superintendent of Sc ols
Date._2-e2 if - 01
Approved as to legal forn,
j.,
By. .t~~~~~~-
. Attorney for CC IS f)
May 12,2006 (2:43PM)
10
4321 - SOUTHSIDE LIBRARY I ,EASE AREA
STATE 01; Tf(XAS
COlJNTY OF N(JE(E~
BEING a tract of land containing 2.06 Acres (89,867 Sq. Ft.) of land out of Lot 2, Block 1,
Amended Plat of Kaffie School Subdivision as shown on plat thereof recorded in Volume
52, Pages 78-79 of the Map Records of Nueces County, Texas. This 2.06 Acre Tract being
more particularly described by metes and bounds as follows:
COMMENCING at the southerly corner of Lot 1, Block 1, Amended Plat of Kaffie School
Subdivislor1 as recorded in Volume 52 Pages 78-79 of the Map Records of Nueces County,
Texas,
THENCE S28052'15"W along the northwesterly right-of-way line of Brockhampton Street a
distance of 22438' to a set 600 naiL beinq the Point of Beginning of this tract;
THENCE S28052'15"W continuing along the northwesterly right-ot-way line of Brockhampton
Street a distance of 380 18' to a set 5/8" Iron Rod stamped "City of Corpus Christi. TX", being
the southerly corner of this tract;
THENCE N61 o07'45"W through Lot 2, Block 1, said Kaffie School Subdivision, a distance of
'50 26' to Cl set 5/8" Iron Rod stamped "Citv of Corpus Christi. TX", being an angle point of this
'ract;
THENCE N52048'41 "W continuing (tlrouCjI; said I (It 2 a distance of 496fj' to a set Drill Hole,
being an angle pOint of this tract
THENCE N61 o07'45"VV continuing through Lot 2 a distance of 160.62' to a set 5/8" Iron Rod
stamped "City of Corpus Christi, TX". being the southwesterly corner of this tract;
THENCE N28052'15"E contllluing through said Lot 2 a distance of 328.00' to a set 5/8" Iron Rod
stamped "City of Corpus Christl, TX", being the northwesterly corner of this tract;
THENCE Sf) 1 "()7'45"E continuing through said Lot 2 a distance of 170.00' to a set 5/8" Iron Rod
stamped "Citv of Corpus Christi, TX", being a corner of this tract;
Exhibit A
I of 4
THENCE N28052'15"E continuing through said Lot 2 a distance of 45.00' to a set 5/8" Iron Rod
stamped "City of Corpus Christi, TX" being the northerly corner of this tract;
THENCE 861 c07'45"E continuing througll said Lot 2 a distance ot 9000' to the POINT AND
PLACE OF BEGINNING and containing 206 Acres (89,867 Sq. Ft ) of land.
Bearings are with refere'lce the northwesterly right-at-way line of Brockhampton Street as
shown on the Amended Plat of Kaffie School Subdivision as recorded in Volume 52, Pages 78-
79 of the Map Records of Nueces C()untv fexas
State of Texas
County of Nueces
i, Russell 0 Ochs a Registered Professional Land Surveyor, hereby certify that the foregoing
field notes were prep,lrel tJ me fmrn a iclnd survey made on the ground under my direction.
fhls the 10'" day of May 2Cl06
fl ~ f). Oct.
Russell D. Ochs
State of Texas License No. 5,241
Exhibit A
2 of 4
F<Ussru D. OCHS, REGISTERED PROf ESSIONAL LAND SURVEYOR
OF THE STATE Of TEXAS. HEREBY CERTIfY THAT THIS MAP WAS
PREPARED FROM AN ACfUAl fir I [) SURVEY MADE ON THE CROUND
""IDEF u, DIREcnou IVJl) IS TRUl AND CORRECT TO llll DLST
OF M1 k ',UWLEDGf THi', THE l~!'" DAY (cl!J.M 2006 J'
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STATE1F TEXAS
COUNT' ,}I NUECES
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RUSSEL l. D OCHS F P I
TEXAS RECIST"RATION NC 5241
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Scale In Feet
L1lASE AR.EA FOR
SOUTllSlDE UBRARY PROJECT
OWNER: CORPUS CHRISTI INDEPENDANT SCHOOL DISTRICT
BEING A TRACT OF LAND CONTAINING 2.06 AC. (89,867 SQ 'I)
OUT OF LOT 2, BLOCK 1, AMENDED PLAT OF KAFFlE SCHOOL SU8D,
AS RECORDED IN VOLUME 52, PAGES 78 - 79 OF THE MAP
RECORDS OF NUECES COUNfY. TEXAS,
BEARINGS ARE WITH REfERENCE TO THE
NORTHWESTERLY RIGHT-OF-WAY UNE OF
BROCKHAMPTON ST. AS DESCRIBED ON PLAT
Of THE AMENDED PLAT OF KAFFIE SCHOOL SUBD,
RECORDED IN VOLUME 52, PAGES 78-79 OF
THF MAP RECORDS Of NUECES COUNTY, TEXAS
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POINT OF
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SET 600 NAIL
Exhibit /\
3 of 4
LINE TABLE
N61'07'45"W
N52"4S' 41"W
N2S'52'15"E
50,26'
49.65'
45.00'
NOTE: SET 5/8" IRON RODS
WITH PLASTIC CAP STAMPED
"u TY OF CORPUS CHRISTI,
TX" AT ALL CORNERS UNLESS
NOTED OTHERWISE.
~
""""'"
CITY of CORPUS CHRISTI, TEXAS
Deportment of Engineering Services
Survey Division 361-826-3500
Dof!J: 05/0IJIll6
anr.n ~ R. OCHS
Ch<<Jred ~ O. NESMfTH
ProjtJctc 4.J2' SOU1'HSIDE: U8FWl'Y NEW 2004
\WID PROJEr:TS J\8RIGHroH
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28
AGENDA MEMORANDUM
DATE: May 30,2006
SUBJECT
. ..... ,
[I'ian! In Houlevard Street Improvement Project, Phase 2
)rkl()vvn L) Bison (Mireles) (BOND ISSUE 2004)
AGEND.8ITE;M~
i\ Motion cwthorzlnq the City Manager or IllS designee, to award a Construction
,ontract k I 8, G Contractors of Corpus Christl Texas in the amount of
'B3 910 sdbject to certification of funds, for Cimarron Boulevard Street
n,ro 'emeecl Ph;:iSP Iron! IrklnWf\ to Bis(!n (Mireles). (BOND ISSUE
10(4)
B !vlotrO/i auH1o!l.-.7inq the City McHlager, ur his designee to execute a Construction
f\;1alerials Testing Contract with Rock Engineering & Testing Laboratory, Inc. in the
HTlCJunt of $3>),6,~9.00 for thl: Cimarron Boulevard Street Improvement Project
Phise ? ! Y')rktown to Rison (Mireles) (BOND ISSUE 2004)
ISSUE hiS Wd"; appro/eel f\jovember /: 2004 In the Bond Issue 2004 Package
mder hOPosltior Street Improvements The construction contract and testing
19reen1Hld atH n~;c:essar to cornpletr the work
FUNDING
j( j {,
thiS ~roJe( are d\!dIIClhle in the Fiscal Year 2005 Capital
'TlprOVi'!lI,:::.qt
RECOMMEN.I)ATlOI\l ltatf recornll1Hnds Cllipr(w<fll of the nil ~tion as presented
a' ~\'.'
\\)
\/~I rie Gray, E
D,k .to! 01 Stor'" Waler
.f\ ~""
. ,.I;
.l L~ . Q \~--sk'!i~
~o Garana-: P.E.,
Director of Water
-+--.--
, /1+'"
f"f1 1<; l~d~t..,
~ngel R. Escobar, P. E.,
'Director of Engineering Services
.5/;). fib (;
~~~
Foster Crowell
Director 01 WastewdtH
i)
Adcfitional Support Material:
Exhibit "A' Background Information
Exhibit "B' Project Budget
Exhibit Bid Tab
f=xhibit Location Milp
; 'i-iQMt;\Lt'J~t[F' ::i~c, t- t'~\~r~~~_' 2.cQ";
"26,'
I BOl"e.'.;I.; ?~,(~_q_n>Lrl,,~:t'c ',M(~LIK)far"jur-,
BACKGROUND INFORMATION
SUBJECl Cltnmrnn HOlilevard ;trHH improvement PrOject
r.:lhase 2 from Yorktown to Bison (Project No 6262)
BOND ISSUE 2004 PRO.JECT
PROJECT DESCRIPTION. This rH(*~ct Includes the reconstruction and widening of the existing
Hllmproveej two lane 'o;ldway to ..1 tUIlC tlonal artenal four-lane roadway with
.. Contrnuou u-"nter tu.!) l:.jl)/'
Curb and (futtm.
'#} Sidewalks
f)nVP\IV>1 \j~<
JndE:rgnJ(jii(j jtilJtle~,
i .ane stnpHlg dnd mar-kings anc1
.. Installing wheel chair ramps to meet fDLR requirements
;~dditionally, the project Includes Irnprovement to the drainage ditch from the intersection of
/orktown dnd CI!T1arrOn f30ulevard throUqtl Bill Witt Park A traffic signal will be installed at the
~'rnarron ,md Bison Intersedion andi nw traffic slqnal will bp installed at the intersection of
~!rnarron m' j Yorktown
CONSTRUCTION CONTRACT,
:urb to back of-curh c()IIHct< if streel
mderground utility Ilnpn ive-nents with
)11!) I [ ,f ri'~V\i 1 AU II i
pr'lIect cunslsts of constructing a new 50-foot back-of
new 4 lane roadway wirh center left turn lane includes
,pinforr
rJncrete stnrm sewer pipes and inlets;
;j ;>~Vv eeH)!, "'f~t
),
4,[';)) ,
~w i)
,I leV 8" ann U
waterlines at lel appurtenances;
Wclstewater gravity ilnes and fiberglass manholes,
'r ;md 1 wastewater force mains and
fj81
i,JO 7 0' new 1
appurtend 1C"S, and
5,77~ I f (.f new PVC electncal condUit
Aclclitionallv the prolect ncludes drainaq'" ditch reqradinQ and earthwork in Bill Witt Park and
temporary traffic control~
BID INFORMATION: hi: proJecr consists sole t)ase bKl The City of Corpus Christi
received sealed proposals from SIX (6) bidders on May 17,2006 (see Exhibit "B" Bid Tabulation),
he bids recelvee] rangec frum $3 , 14,~~ 053 to $6,081 ,42600 rhe engineer's estimated cost
d construction is $5 /HCl 1 00
~.. ,ve of the SI> propusals \veri:~ properly '~><Hcuted dnd !net ail of the City's requirements_ One bId
cluj not contam pages & 2 If the Proposal Form nor did it contain Special Provisions items A-
;'8 A-20 and A-3D as required The Citvs legal staff determined the bid irregular, but this did not
affect the pnority bid order and does not affect awarding of this contract Minor arithmetical
errors were also disc;overed >n the proposal forms for two bidders, but these errors did not affect
the order of fmish of the '"IX Bidders
,.N[):-l.S\(
1- ~~~~~T ~~~]
it,!' ,
& G Contractors, Inc. IS the apparent lowest qualified Bidderforthis project. They provided all
equesteo documentation with their bid proposal and it has been evaluated by the City's
nqineenn~J Consultant Mavenck Eqqlneering. Inc Due tel the differences between the
nqlneer f ~stirnate and thlt which was ,;tlbmitted by H & (3 Contractors, Maverick Engineering
ifltactec t ''\.1 {' I-!rilet( ,rs tu VH ify t I H~ completeness of their proposal evaluation process
.~ G C, nlractor '~lated that thpv have examined their proposal and are satisfied that it is
Freet
'1ereforf- Hie (-Ity s ,0tlSultant Maverick Englneenng, and City staff recommend that based on
(>w bid and rneetlnq satisfactory qualifications based on the C:ity's evaluation criteria for this
)inlect that a construction contract be .lwarded to H & G Contractors, Inc. of Corpus Christi,
~>.xas in r1C amount of $?: 774.91 (I!13 subject to the certification of funds, for the Cimarron
1Clulevard Street Improven lents project Phase;.> from Yorktown to Bison (Mireles).
projed mj-d dl th tin ( so constru,tlon ';-lfi Ot'~lin early In the summer due to
!\i(lrk beinq jonf~ r' t: ont ( ( Mlrele!; f if-mentarv School City staff has been in contact with
iSO and Mireles Flernertary to :;chedule as much work as possible that will affect the school
jUring the Si lmrner rnonth~.
~ONTRACT TERMS. It IS ,Iroposed Itlat the prolect be completed in 336 calendar days, with
urnpletio;'mticipatel j t iy une 2(}) 7
TESTING}~.GREEMEN~: his agrHernent will proVide for the necessary Construction Materials
,,-;sting contract and budgt,t for thl'i prClrc:ct
e~OJEC~ BACKGROUND,,;, On 1, lesd Novernber 2
"Ic:ction b ;" (lposiUOfl::j
<fnmunit 14 r Ii Nc\pmber
: Hmty and oinlxled wIth he Presldf~ntI8! Election
2004, the City of Corpus Christi held an
capital improvements for the
elnctiol was held jointly with
Bond issue 2004 p,1Ckage Includes $95 million If) projects to be funded from ad valorem
Aoperty taxfls (a General; Jblrgation Bond Issue) In Street, Public Health and Safety, Public
acilities, [:larks and Hecreation and Bayfront Master Plan projects. The proposed projects
'arget the City s most Immediate needs to Improve eXisting physical facilities, provide for growth,
Hid protect the Citys InveSlment If Its Infrastructure
')n May 5 2005 a conti acl for profeSSional services was awarded for the design of Cimarron
Houlevard from Smatoga t.> Yorktown (Phase 1 ) and Cimarron Boulevard from Yorktown to
Hlson (Mireles Elementary School) (Phase 2) Work for these projects consists of:
Phase 1 from Saratoga to Yorktown - The section of Clmarron Boulevard bound
between Saratoga Boulevard .& Yorktown Boulevard is currently a rural unimproved
two-lanH roadway Cirnarron 130ulevard Phase 1 improvements will consist of the
reconstruction and widening 01 the eXisting two-lane roadway to an arterial (A-1) four-
lane roadway with d continuous left turn lane, curb & gutter, sidewalks, driveways,
storm water improvements. water improvements, wastewater improvements, and the
installatIon of Improvements to meet T AS standards as administered thru TOLR.
ASSOCIated improvempnts such as 1)8Vempnt markings. traffic signage I traffic control,
!Ni
f~EXHIBIT "A"~J
I: Pa e 2 of 4
,._,__~_~!Jl~~,~,~
street lighting and ROW acquisition will be made as required. A new traffic signal will
be installed at the Intersectlor of Cirnarron Boulevard and Yorktown Boulevard.
Won on thiS pruject I~ unc1erfeslqn ane!lt IS scheduled for thiS project to be out for
bids 1 January /'(lOllimefrarn8
Phase 2 from Yorktown to Bison (Mireles Elementary School) - The section of
Cimarron Boulevard bound between Yorktown Boulevard and Bison Drive is currently
a rural mrnprovl:,d 'w(!arlE~ f' ),'ldwilv Cirnarron Boulevard F)hase 2 improvements will
Gonslst of thE rSee)(1s1 ructlon dnu vVldeninq of the eXlstinq two-lane roadway to a
collector (C3) four lal8 roadway with curb dnd gutter sidewalks, driveways, storm
water jpiprovernents, vlater In)prov8ments wastewater improvements, the installation
of improvements te mt~et r AS slandards as administered thru TDLR. Associated
Imprm/Hments suet i a pavement r narkings traffic slgnaqe / traffic control, street
IlghtinqmCi F~( Y'i': ;OCr) Mill 'narh"
PRIOR COUNCIL ACTION.
. .
NovE2.l1lber 2->-.2904 - Resolution expressing offiCial Intent to reimburse costs of the 2004
Bond Capltallrnp10vement PrOjects (Resolution No 026015).
NO\it2!nberjJ-L-~m)4 OrdmcHlCE: canvassing returns and declaring the results of the
Special Electior held on November? 2004 in the City of Corpus Christi for the adoption
of five bond proposiftons adop1ioll of a permanent ad valorem tax freeze on residents
homesteads Dersms', ye;w, of aqf' or older or (Jisabled persons and eligible
spouses, dnd adopticn of seven drnendments to the Charter of the City of Corpus Christi
(OrdInance r~( '6Ci)2
Marc~b.29LZQQ'~ /;,pprovClI ot FY ,)004200') Capital Improvement Budget for
$17 7413000r'Hnmcf'OLb1
&PIli 2f.3,2005 dinanCf Ing anI' J<:lCatlflq 1 35-square foot portion of a
10-fno~ WidE i. ililltv I aserne!)f ill )t Lots (H) and CJ1.. Block 1, Mariposa Subdivision
locate! s! ilJth ,i Ihf Ynrkt( 'Wf HJleva and CIfTlamon Boulevard intersection, in
connectton With HIe ;imarron Boulevard Street Improvement Project, Phase 2, from
Yorktown to Bison, BOND iSS if' 2004 PROJECT), dnd declaring an emergency
(Ordinance No 026234).
f." May lZL2QOQ Ordinance appropnating $402.233,80 from the unappropriated interest
earnings from Street >000 CIP I unci 3411 B. and appropriating in Street 2000 CIP Fund
3411 B appropriating $20~) 1 h9 ,from Street 2001 CIP Fund 3540 and appropriating in
Street 2001 elf) F'! md 3540, for trH~ Cimarron Boulevard Improvements Project, Phases 1
& 2 amendincj capital budget ddopted t)y Ordinance No 026188 by increasing
apprupnatlons ()y $6C14,402 83, ami declanng an emergency.
May 1 ...L 2QQ5 Moti In authorLJl!lq the City Manager, 0 his designee, to execute a
Contract For Urofes.,ional :3ervlces With Maverick Enqineering in the amount of
$1 ,3t;999Y for H,p CI'narron 80ulpvard Improvements Project as follows:
.. rJhase 1 horn Saratoga t(1 vorktown
· Phase 2 flom Yorktown to t3ison
December ,1 :3, 200~ - Motion authorizing the City Manager, or his designee, to execute
Amendment No 1 to d Contract For Professional Services with Maverick Engineering in
the amount of $182,200 for the Clmarron Boulevard Improvements Project, Phase 2
from '(orktown to Risen
'.Oil' G'
i EXHIBIT "A"Ii
. F'~e ~~f.i:t, jj
PRIOR ADMINISTRA riVE ACTION:
JUIYl'l20Q4 Fxecuted Small A/F Agreement with Pyle and Associates in the amount of
$6? for ttHi <>mc,rron Boulevard Improvements Project Phase 1 from Saratoga to
YorKtown
)uly_t!..i.2QOQ xeo lied Sn lall Aft Amendment Nol with Pyle and Associates in the
annunt of $3 000 fIr the (:lrJii-l['on BOLJlevi-lrd Improvements Project, Phase 2 from
Yorktl }wn to 8IS0:,
AU.ill:l?UE)L~~Q04 [istnbutl\)PY f~equest f-or Oualificatlons (RFQ) No. 2004-03 Bond
Issue 2004 ProjeGts 10 175 ImglfH'lering firms (70 local and 105 non-local).
l\Aar<j) :zlSL:20Qfi Addendum No ! to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Prujects tc 1/c- engineenng firms (70 local and 105 non-local).
f\Qrli l\dcHndu ~() the F~equest for OUfllifications (RFQ) No. 2004-03
Bond i SS! Je 20t)4 Pr '1ectj~ Ii 1 ngineer 1m) finns 10 Ii leal and 105 non-local)
EUTURE COUNCIL ACTION: Nt) ddditional contracts are anticipated for the Phase 2
':Imarron Boulevard Street mprovE!menl Project There will be a future construction contract for
Pf18se1 of H'e Clmarron Boulevard Str8f~t Impro\lernent Project from Saratoga to Yorktown that
cmticlpaled te be presented to 'It\' luncH in the March 2007 timeframe. If required, a
nalerials k~slln~_i contract \i\dl also he Dfcsenterj Ie) fled at thFlt time.
E.....X... HIBIT ".A.....".~....]
c=cPage 4 of ~_J
ND...~~S\(
).1
PROJECT BUDGET
BOND ISSUE 2004
(.IMAf~ROt\J BOULEVARD PHASE
",rk tew, 1 to Bison (Mireles i
FUNDS AVAILABLE
Staples Stref'l
Street~
Water
Stor 'I vVah~f
Wa~iewatt'
otal
FUNDS REQUIRED:
::onstruitiCln OJ <> (, ~=:cntrlctor'::
Streej
Storm 'AJ ate!
vVasteWr1ter
Wate'
,=:on5tl U( tior' l( ,Ia
j';ontingl-.>ni!eS
t:onsultant MavE'nO; E Igl'
Testing R'Jck Fngilj(;er
~dmlnis'i alive ;~ein fe! en':,
nginet" 'tliJ R'ci!ntJ'd I>
Pnnting '~l
Dtal
tAay (SO ;'OOh
$ :~,3?2,000,00
539,527,00
'5 5,850,00
511,30000
2,040,120,85
, ,028,607.15
340.162,00
366.110.00
$ 4,928,67700
$ 3,775,000.00
377,500.00
628,788.00
32,639.00
37.750.00
75,000.00
2,00000
$4,928,677.00
EXHIBIT B
Page 1 of 1
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CONSTRUCTION LIMITS
"""
--'-"--
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VICINITY MAP
CITY PROJECT No. 6262
',fOT TO SCALf
EXHIBIT nD"
CIMARRON BL VD. STREET IMPROVEMENTS
PROJECT PHASE 2- YORKTOWN TO BISON
BOND 2004
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
JAIE 05-23-2006
~
--
- -
- -
~~-
29
....... ,"""
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 30,2006
AGENDA ITEM:
A. Resolution authorizing the execution of an agreement with Ullah Investments,
Inc. providing for temporary property tax abatement.
B. Resolution authorizing the execution of an agreement with Shutters
Management, Ltd providing for temporary property tax abatement.
C. Resolution authorizing the execution of an agreement with Nueces loft
Apartments providing for temporary property tax abatement.
ISSUE On May 9. 2006 the Council elected to participate in tax abatement and
adopted Tax Abatement Guidelines and Criteria. Three developers have applied for
temporary property tax abatement as allowed by the recently adopted guidelines and
criteria
REQUIRED COUNCIL ACTION: Approval of the resolutions authorizing the execution
of temporary property tax abatement agreements with UlIah, Investments, Inc., Shutters
Management ltd., and ~(jeces loft Apartments, l. P.
PREVIOUS COUNCIL ACTION: Since the year 2000, Tax Abatement Agreements
have been approved for First Data Corporation, Trinity Towers, ltd., Cintas-Rus, Inc.,
APAC Tele Services, and Sitel Corporation.
CONCLUSION AND RECOMMENDATION: Approval is requested to enter into an
agreement for temporary property tax abatement with Ullah Investments, Inc., Shutters
Management, Ltd and Nueces loft Apartments, L. P.
~J~~
Irma Caballero
Economic Development Director
Attachments:
BACKGROUND INFORMATION
The Tax Abatement Guidelines state that a facility may be eligible for tax abatement if it
IS a "Basic Manufacturing or Service Facility, Regional Distribution Center, Regional
Telecommunications/Data Processing Center facility, Regional visitor/Amusement
Facility, Enterprise Zone Residential Redevelopment Facility, Central Business District
(CeO) Residential Facility and Petrochemical Facility." A Renewal Community Facility
may be considered on a case by case basis for abatement and if the building or
structure will be defined as rehabilitation project or is defined as a new facility. Projects
that may be considered Include mixed-use, retail facilities, and hotel accommodations.
In an effort to support the development of residential facilities an additional category, a
Central Business District Residential Facility, was created which waives the job creation
requirement and provides for 100% abatement for up to two years construction and 5
additional years. The value of the land comprising the property shall be fully taxable.
The base year value of existing improvements comprising the property shall be fully
taxable The value of ineligible property shall be fully taxable and the added value of
eligible property shall be subject to abatement as set forth in the tax abatement
agreement
Three projects are submItted for your consideration for tax abatement:
Ullah Investments, Inc. submitted their application on August 8, 2005 and is
constructing a 66-room La Quinta Inn & Suites located on McKenzie Road and 1-37.
The facility is in Census Tract 50 and therefore qualifies as a renewal community new
facility project Under the Renewal Community Facility designation for every $50,000 of
abated added value to a property one new permanent full time job must be created.
The total investment is $4.1 million of which $3.6 million is attributable to property
improvements. This project will create 26 new full-time jobs, therefore abatement can
only be provided for a portion of the improvements or $1.3 million dollars. This facility
will be the first La Quinta Inn and Suites concept in Corpus Christi. Completion of the
construction is expected by July 1 2006. The value of the land is not subject to tax
abatement See percentage of abatement in the Chart below for "New Facilities."
Construction period (not to
exceed two years)
100%
-1
---t
% of Abatement (new
facilities)
- .-
Year
% of Abatement
( retlablli!ation)
100%
Year 1
---'~"'.--- -".-
Year 2
--~..._-
Year 3
100%
100%
100%
75%
75%
0%
Shutters Management Ltd., a partnership between the Joe Adame family, the Nolan
Ryan family, and Mr Jared Shope, submitted an application on May 24, 2006. Tax
abatement is requested for the Shutters Building located at 602 Winnebago Street.
The eXisting building will be converted into a 34-unit high-end, loft condominium facility.
Construction is estimated to take 10 to 12 months and completion is approximately mid-
year 2007 Lofts will range from the mid-$230's to the high $4oo's. This facility is
located in Census Tract 3 which is a renewal community census tract and is also in the
Central Business District There IS no job creation required for residential facilities in
the Central Business District. The estimated added value to the property will be
between $11, 500,000 and $12,000,000 dollars The value of the land and the existing
bu~ding value are ineligible for tax abatement.
Tax abatement for this project will be 100% of the improvement value for up to two
years construction and 5 years thereafter.
Nueces Loft Apartments, L.P. submitted their application on May 22, 2006. Tax
abatement is requested for the "Nueces Building" located at 317 Peoples Street. The
project involves the adaptive reuse of a historic downtown building into 66 rental
apartments comprised of lofts, one bedroom and two bedroom units.
Construction is estimated to commence September 1, 2006 and completion is expected
by September 1, 2007. This facility is located in census tract 3 which is also part of the
Central Business District; therefore the job requirement is waived. The estimated added
value to the property is $3,952,964 dollars. The value of the land and the existing
buifding value are ineligible for tax abatement
Tax abatement for this project will be at 100% of the Improvement value for up to two
years of construction and 5 years thereafter
Please note that for each project the following information is provided:
. The tax abatement application
. A Resolution
. The tax abatement agreement
. Map of the property
Ullah Investments, Inc.
Application for Tax Abatement
City of Corpus Christi
Renewal Community Facility
August 8, 2005
RECEIVID
AUG 0 8 2005
^,t}ij~(;cMEHT & BUDG&r
Ullah Investments, Inc.
La Quinta Inn&. Suites Hotel
Application for Tax Abatement
City of Corpus Christi
Table of Contents
Application for Tax Abatement
Exhibits A & B
Executive Summary
Property Location and Legal Description
Franchise Information - La Quinta Inn & Suites
Construction Plan
Construction Budget & Schedule
Equipment Budget
New Jobs Created
Revenue and Motel Tax Projection
Description of Developer
Paae
1
3
4
5
9
12
12
13
13
13
APPLICATION FOR TAX ABATEMENT
Tlus apphcation should be filed prior to the beginning of construction or the ulstallation of improvements.
The tiling of this document acknowledges familianty and confonnance with Guiddilles and Criteria for
Grantlllg Tax Abatement. This application will become part of the Tax Abatement Agreement and any
knowlllgly false representations "ill be grounds for terminating the Agreement. This Application should
be submitted to the Clly Manager City Hall, 1201 Leopard, PO Box 9277 Corpus C1tristi, Texas 78469
I tor properties inSIde the City limits) and to the:' COlUlty Judge, Nueces County Courthouse, 901 Leopard
Street. Corpus Cbnsti. Texas 78401 (for properties 111 Ulllllcorporated areas)
FOt"R coms OF THE .-\PPLIC\TIO:X SHOl1.D BI: fILED lHTHTHE .\PPROPRB.IT GOVER'\"}!I:?\"TAL l""l\TI.
Applicant Information
.. ,............................................D~.;;..A'ugusf'8", 2005
, :'mpanv :Same
Ullah Investments, Inc.
A TTACH ANNUAL REPORT
Number ofEmplO}'ee">
12
'$1!b Avers
Corpus Christi, Texas 78415
ProjKt Information
T:"'JfFacilitY
............"..........,..-.~........,...... .....n......................... .............................._...,..". ...,...,.....,......,,,...........................................................,..,....u...
DBa"c Manufacturing or Senlc~ wdustt'
DPetrochermc8l F acilir:o'
D ~g1cruU \"""C'''''A.wa",= F,,6,11"
_ 11 Renewai Cotllllluuity FOKilit;
De',cnbe Pr.:-duct Senlce 01 Facilitv re be ~'1cndcd
DRegJooal DtslI1bution Cenle:
DRegJooal Telecc1lllllW1lcatI01l; F8cilin'
DEoterpme bae ~>ldenti81 Rede-,eloplllem FOKilily
Ullah Investments plans the construction and operation of a 66 room La Quinta Inn &. Suites
under a franr.hi~ Agrll!~mll!nt with thic nAtinnAlly r--n.gnii'~ hntll!' ()p~rAtinn ~()nVlI!nill!ntly
located on McKenzie Road and 1-37, the total investment planned for this hotel is $4.1 million
dolla.... La Quinta Corporation is one of the largest limited-service hotel operations based in the
United states with over 9,000 employees and 65,000 rooms. Creating 26 new full time jObs, this
will be the first La QUlnta Inn .. :suites concept In corpus cnnsu.
PF'}('CT ~cnpl1ell
-\"',1(11 a., Exlllbl1 -\ \-aee, IIlCle lette:--lH page" a statement rlliJ;; exp:a..tlllUg the p1oJeG. dc,enbing the eXJ.stlUg Slte aud
11llj>lO'."ement". desmblllg aJ: propo"ed IlllplO';emffih and lU':e,=m ~nd prC\'ldu!g a ItS! of uupt'o','et1ImIs and p1cpe11y for whiclJ
:\t:;lteU1lellt h tf1..1ue-,red
~h'E\li PROJECT OEXPANSION OMODER},1ZATIOK
Location - 1-37 and McKenzie Road Address - 3500 McKenzie Road
~~~rsq~~~tT 5 Blk8 2.3 ACS____.__~__
- Corpus Christi, Texas _
~cbcd Dt,tncr_~~~~ M~~~ay ISO
-\ttacb a; E:dllblt 8 looe OIlllCle !eneHue pages) a cC1Ulplete legal de;cnptlon:wd '" rn"p >bowmg proposed site.
ECClJlOllUC InfonuatlOn
..'..,....'.................,.......,.,.,..,...., ............,..'..................'..., ..,',.,................"...........,.".-.,...................",................,-.....,.....................,...........-..,...............,.....
COllstl'llCtion Estun.,tes
IF ~IODERNIZATION
C01lll1leI1(Ot'1UtlJt Date
C"mpleti.oll Dale
Peak C01I'tI1I(.'t101l Jobs.
Total COSt of COII\tmclJon
August 15, 2005
March 1, 2006
60
$3.6 million
E,tnlJ.1t~ EcolloDllc Life of Existing Plant
.\dded Economic Life from Modernization:
yeart,
ye-.ars
Penuaoent EnlploYlIlel1t Estuualtli 1m ,1
Permanent Employmellt .
"llllllbtr of JOD, Created
26
26
p.WEmo
1
E >tiwated Appnmed Value or; Site
Land
$225,124
IllIpro\'elDent~
Penonal Property
A, of ]anuan 1 PtKedmg Abatauenr Agretme1ll
\'alue of Abated Propeny upon Completion OfProjKt
Value upon Completioo of Project olalI)' Propmv and
PrOject lmprO\~h not SI1hjed to AbatftUl'nt
$3,597,500
$552,500
$225,124
Is the land currmtly UIlder au ~cultura1-u", or open-space exewptron' Y e~ CJ1';o KJ
Land/In~ Ta"AccI.No. R' ,n1$ PersonaJProp.Acct.No_
\;ARIANCE h lhe applicant seeking \1\nance Illlde% 5ecll00 ,(f) 'Of the Guidelines' Ye, ONo XIIi "yes-' attach the required
;opplaD!ntary mfOl1llatlOll.
OTHER ABATEMENTS Has the appticant m.~de 'ppl1caflon for abatffile1ll of this project by 3UOther~. jurisdictioo or ue-Mby
cOllnties~ Yes ONo [Xf '.\"eS'" promle dates of appl1callon. heanug date; .fheld 01 scheduled. nat1loe Jufisdictions and contacK
l11d leften of llllelll
I
':OMP_~"Y REPRESENTAffi"E TO BE (ONTA( i
Aman Ullah
_..._._.._-_....~ --_.. --.-
President
'\Tame:
T1t]e
Aman U ah President
Name and Title of Aud10rized COJl4l3ll)' Official
5220 Ayers Corpus Chri~, Texas 78415
361-855-0835
-\ddte-;"
f elepooue
1:'\:STRUCTION':>
-\Pj)hCliHS .iUd p:0Jecr, mlb: meef [;le teqllU"emelHl ~"Jl1bhed In. The GUtdelme; and Cnreria :11 order [0
,ecel':e pO'Hl':e consrderanou. '>eclioll :' of tbe Guidehne>. for example. ;t'lS OUt regul3110ns governmg eligible
tac:l111es ehgibk Jtict mehQ10le unpro'. eUlenT\ renn; and econOllllC qU31lflC3tlom (onfoffi1ance with all >ections II
equlred :or eltglbllIty
wpuc..l,. no,," r\FOR~L-'<. no:"
fhe [as-me' ,mil lUay COlblctel Apphcaut s finauc:al (apacHY HI detefllli.lllng whether 10 enter wto an
rbarernetlt agreement Establtlhed companie; for '.\'hich public Ulfonn.1110n [; d':ailable_ or me wholly-owned
'mUlesse> of \\let COlllpa1lle>. >hould attach ~, ;ratement showing when the company was embl1shed. busmes;
",felences DDllle ,olltar! ,lud telepbollt :lumDrI <'f pnnClpal bank Jecoulltanr :md .,ttorney) Jud may be required to
,nblW[ an ,ludlled fruauClal,:atellle1li and bUIllIe;\ plan
PRUJECT lNFOR.;\L.l,. '10~
uul'" faCLlme\ listed in the GlIldel1nel may recel':e ab:lletnelll '.'.'ithout applYUlg for a nriance. Check the
leflllltlOll\ m tbe GU1del1ne' to see tfyou! prOject qu.ahfle>. Iftbe proJecr [\ a Basic Manufacturing or Service Indmtry
,t a ReglOual Dbtnbmlot1 Center the Appl1c:nio1J should mc1ude marker smdie>, buslOess plans or other material,
lemo1lStr:nlllll tlm :he facib~' is uHend"d !( ,"1-"1 l11Jrket the Ul3JOrit': of which 1\ outside of the I\'uecel Couury
egl,'L
'((1:'\'O\HC l'\TfOXc\l-\TI('N
Perrnane!lt Employment E,t1Ol3tes- In estimahng penuaneur employment mdude the total nLlOlber of job,
\lsmg Full TIme Eqwnleuhi cre3ted at this ;It!' bY \'our finn as well a> known permanent jobs of >et"Vlce contractors
< t'qlllred fOI operatIOn
E>tl111ated Appral;ed Value on Slle The \.alue Jal1~,. 1 precedmg abatement should be the value
ntabh,hed bv the Nueces County Appraisal Distf1Ct If the Applicant mUST e>timate value because the t3."\:able value i~
;wt known or IS c01p.bllled ,\.lth 0111 propeme> under a SIngle tax aCCOllllt, plea>e ,0 state To qualify, the abated
plOperries must meet the emma otnlmed U1 the- Tax Abatement PolICY Projections of value should be a'besl
~stiUlate" ba>ed 011 taxability in TeX3>
2
Executive Summary
Ullah Investments, Inc. (the "Company"), is pleased to present this Application for Tax
Abatement with the City of Corpus Christi for the construction of a new La Quinta Inn & Suites to
be located at the corner of 1-37 and McKenzie Road. As part of the expanded area of the Corpus
Christi Renewal Community, this project is eligible under the Guidelines and Criteria for Tax
Abatement. Ullah Investments, Inc. is a newly formed Texas Corporation organized to acquire,
develop and operate the La Quinta Inn & Suites as well as a newly inaugurated Shell Service
Station and Convenience Store adjacent to the La Quinta project.
Aman Ullah, President of Ullah Investments, Inc. has successfully developed and operated
a series of businesses in Corpus Christi and South Texas including 7 Shell Service Stations and
Convenience stores, a successful retail jewelry store, and a Truck Stop and Motel 6 in Sinton,
Texas. Mr. Ullah was named SBA's Small Business Person of the Year for 2002.
The Company has entered into a Franchise Agreement with La Quinta Franchising, LLC to
own and operate for a period of 20 years from the date of Opening a La Quinta Inn & Suites and
obtained Territorial Protection for a radius of Four (4) miles around the property. The La Quinta
Inn & Suites concept includes standard rooms, king rooms, and two room suites designed for
longer stays. As a Hotel Facility, the majority of revenue will be provided to customers outside a
50 miles radius from Nueces County in accordance with the Guidelines and Criteria for Tax
Abatement
Total Design Four Architects of Corpus Christi has been retained and a complete set of
ardlitectural and working drawings has been prepared and the project is ready to begin
construction scheduled for August 15, 2005. The total cost of construction is budgeted at just
over $3.5 million dollars and combined with the budget for purchasing furniture, fixtures and
equipment of nearly $600,000, the value total of improvements of both real and personal
property represents an investment of $4.1 million dollars.
The La Quinta Inn & Suites anticipates generating 26 new full time jobs with an annual
payroll of nearly $330,000. Due to the strong nationwide marketing and reservations of La
Qulnta Inns, Management of Company predicts occupancy of 80% and an average daily rate of
$65. Using these projections, the Company anticipates generating nearly $190,000 of additional
Hotel and Motel taxes annually.
3
PIoperty Description and Location
The building is located at the corner of IH 37 Access Road and McKenzie Road or 3500
McKenzie Road. As can be seen from the U.S. Census American Fact Ander printout included
below, the property is located in Census Tract 50. Census Tract 50 is part of the expanded area
designated a Renewal Community in October of 2004.
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4
At the time of the submission of this application, the portion of the property designated
for construction of the La Quinta Inn & Suites is unimproved real estate. Located on the same
legal description, Ullah Investments, Ine. has recently constructed and opened a Shell Service
Station and Convenience Store.
lAgal Description (exhibit B - Tax Abatement Application)
River Square Unit 2 Lot 5 Block 8 2.3 acres. The following is a copy of the data sheet for the
property from the Nueces County Appraisal District
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La Quinta Inn a Suites Franchise Agreement
Ullah Investments, Inc. has obtained a Franchise Agreement with La Quinta Franchising,
LLC a Nevada limited liability company for a period of 20 years from the Opening Date of the
FadHty. In accordance with this Franchise Agreement, the Company has Territorial Protection
from La Quinta Franchising, LLC for an assigned area of a four-mile radius around the proposed
Fadllty as shown on the following map:
5
COIpuS Chnsti TX Assigned Area
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LA QUINTA CORPORAnON
La Quinta Corporation is one of the largest owner/operators of limited-service hotels in the
United States, with over 65,000 rooms. Based in Dallas, Texas, with 9,000 employees
nationwide, La Quinta Corporation owns, operates or franchises more than 590 hotels in 39
states and Canada under the Baymont Inn & Suites, La Quinta Inns, La Quinta Inn & Suites,
Woodfield Suites and Budgetel brands,
Enjoy consistently clean and comfortable guest rooms and suites with many of the frills you
would expect at higher priced hotels, such as free breakfast and refreshing swimming pools,
all at some of the most affordable and competitive rates anywhere. And because we value
your input and want to keep you coming back, we continually upgrade and refurbish our
properties with modern amenities and useful services that you request.
Whether traveling for business or pleasure, you will find a dedicated staff, and comfortable,
affordable and conveniently located lodging at any of the La Quinta Corporation brand hotels:
Raymont Inn & Suites, La Quinta Inns, La Quinta Inn & Suites, Woodfield Suites and Budgetel.
6
FRANCHISE OPPORlUNITES
The La Quinta Corporation is one of the largest owner/operators of limited service hotels in the
U.S. With its La Quinta and Baymont brands, La Quinta Corporation now owns, operates, or
franchises more than 590 hotels in the U.S. and Canada.
Since beginning its franchise program in 2001, La Quinta has been one of the fastest growing
hotel companies. With the addition of the Baymont brand in the fall of 2004 that growth
promises to accelerate even faster.
KEYS TO SUCCESS
· Commitment to relationships with our franchisees, ''Promises Made. Promises
Kept."
. Focus on the guest
· Strict Quality and service standards
. Strong support systems
· Owner/operator culture with more than 35 years experience in managing
successful hotels
TWO OUTSTANDING BRANDS IN STRONG SEGMENTS
La Quinta Corporation now offers franchise oDoortunities in two of the strongest lodging
segments:
La Quinta Inns and La Quinta Inn and Suites
. Positioned in the upper mid-scale limited service segment
Baymont Inn and Suites
. Positioned in the upper economy limited service
LA QUINTA INN & SUITES
Go ahead - stay a while! You will feel right at home here. That is our philosophy at La Quinta
Inn and Suites, designed with longer visits in mind. Whether you choose a standard room,
king room, or a two-room suite, our comfortable, attractive rooms include the following
amenities:
· Free high-speed Internet access (some with wireless)
7
· Televisions with premium channels, movies on-demand and video games
· Dataport telephones with voicemail and free local calls
· In-room hair dryers, coffee makers, irons and Ironing boards
· Desks with welHit workspaces and swivel-tilt chairs
Business King rooms also feature:
· Oversized desks with convenient built-in dataport and ergonomic chairs
· Two telephones - one cordless and one with speaker capabilities
· 32-inch televisions, premium channels, movies on-demand and video games
· Microwaves and refrigerators
For longer stays, our spacious two-room suites have even more:
· Separate sitting and sleeping areas
· Comfortable recliner or Sleeper sofa
Other exciting amenities for our valued guests include:
· Complimentary continental breakfast and USA Today newspapers
· Private guest laundry facilities
· Fully equipped fitness centers
· Swimming pools
· Private interior corridor entrances
· Meeting facilities
· Special guest laundry facilities
· Children stay free in their parent's room (ages 18 and under)
· Airport shuttle in some locations
· Pets welcome
· Returns Program: free membership into our frequent stay program
· 100% Guest Satisfaction Guaranteed
A personal copy of USA Today awaits you daily at our lobby breakfast bar, along with a
delicious complimentary continental breakfast including coffee, pastries, yogurt, cereals, fresh
fruit, and more. Our hotels are conveniently located near all favorite area attractions,
restaurants, shopping, and entertainment venues. Book your room today at La Quinta Inn and
~.
8
Construction Plan
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The Company has retained the services of Total Design Four Architects of Corpus Christ,
Texas and produced a complete set of working and architectural drawings to being construction
of the project. The site plan of the construction is as follows:
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The planned facility consists of a three story building containing 66 suites, reception
lobby, breakfast room, meeting facilities, exercise room, pool, Jacuzzi spa and Porte cochere
entrance. The 66 suites include two room suites, extended king suites, extended king suites with
whirlpool bath in accordance with the following plans:
First Floor Plan
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Construction Budget. Schedule
The total projected construction cost for this facility is nearly $3.6 million dollars as
reflected in the following schedule. Construction is to begin on August 15, 2005 with a
compfetion date scheduled for March If 2006.
General Requirements $ 251,825.00
Sitework $ 179,875.00
Concrete p_. ____ .. $ 467,675.00
Maso~____ $ I 38,519.50
MetaL.____ $ . 251,825.00
~OOdS & Plastics $ _____ 55,802.90
fl-hermal & Protection $ 58,128.02
:Ooors & Windows _.. +;- . $ -I- 113,930.93
lE!nishes -_. . ._ffi- 575,600.00
ISpecialties__ . _+~_.___ 24,646.28
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[Grand Tot?ll.
Eq.pment Budget
In addition to the construction costs, the Company will purchase in excess of $550,000 of
furniture, fixtures and equipment in accordance with the following schedule:
Furniture and Fixtures
Bedding ______.. _
Housekeepi~..9.
Laundry
Com~ter System~_
ele hone
----- ~-_.,-
Cable
386 750
55 250
33 150
27625
22 100
16 575
11 050
$
552 500
12
New Jobs Created
As a new facility, the Company will generate 26 new jobs with and annual payroll of nearly
$330,000 in accordance with the following schedule.
j---------------
! Job Classification
,----.
_____ Number of Estimated Houri
Job Title FTE Positions Wa e r Job
Estimated
Annual Wa es
Man erial
Man erial
Clerical
,Service
IService _
~ervice
1
2
10
10
1
2
$10.00
$8.00
$6.00
$5.50
$6.00
$5.50
$20,800.00
$33 280.00
$124,800.00
$114,400.00
$12,480.00
$22,880.00
'Total
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$328,640.00
Revenue and Motel Tax Projection
Based upon an average daily rate and occupancy of 75%, the La Quinta Inn & Suites
projects to pay nearly $190,000 a year in Corpus Christi Hotel and Motel Tax as reflected in the
following schedule.
Number of Rooms
66
Average Daily Rate (ADR)
$65
Occupancy
80%
Annual Revenues
$1,252,680
Hotel and Motel Tax
$187,902
o.crtption of Developer
Ullah Investments, Inc. has been organized to develop and operate the La Qulnta Inn
& Suites. The primary driving force of Ullah Investments, Inc. is Aman Ullah whose dynamic 23-
year career reflects pioneering experience and record-breaking performance in a variety of
13
industries. The U.s. Small Business Administration recognized Mr. Ullah's achievements naming
him Small Business Person of the Year for 2001.
Especially noteworthy about Mr. Ullah's accomplishments is the fact that he arrived In
the US from Pakistan in February 1982 and began working at a gas station at an initial wage of
$2.35 an hour. From this humble beginning, Mr. Ullah's dedication to excellence in client service
and work ethic has allowed him to expand his operations and investments culminating in the
development project at this property for a Shell Service Station Convenience Store and the La
Quinta Inn & Suites for which this Application for Tax Abatement is being submitted.
The following is a summary of Mr. Ullah's professional career:
AMAN ULLAH
I)HESIDENT OF AMAN'S JEWELERS
1-1:1."\ '\rt-HlIlt \bnagcment . Ne,"'" 8usiness lJevelopmen1
Direct Sales
PHOFIII
)\ tllll\. ' \ j' ...:, lr:,:cr relic....:: ng piUlll"l'rillg l'XpCrl~'ncc and record
'1!l kln~ i'crl,' llldllcC:: tllC jc\\cll\sale," Indus!rv RemaltllDg on the cutting
'IL d,-'\ d.L i-!i>lliIS, through ill'" cUiti!1lJerS and e\uhlishmg strategic
'I' J kidt..'! rt "\I1shlp:-, 1\, illcrl'ilS(' ;l'\'cnlll'
\~I -11:1 ,jl,lll'..;catcd Il'\\eir:' ;a;("; ,lI1d \d~l kn,:\\-k'dg~ or Inarketillg
)' \ ()f f""n,dl!\.'''';
, ,,'ccss itl hUII,:mg and ll1allltainillh relatiOnships with
lIT' \r.lh' ..kcisiull lllakers, c.:';lablishing larj.~l:' vnlunlc high profit
Ie,' un' olcellcnt kvch ol'r,',,:nliun and j'lyalty
. I \.l':.:'11\11 \\:.]\ \ir~,Hlj/,-'d \\Ith d 1Llck recur'" that denlonstrates
d 1.1 ,-'rc:it~' ~1t)(.11 I\I.,'!( ~H_'h:~' l: I~,,)th persona! and
Tl);)',11 "\;-]
PROFFS"IO','d EXPI,IUI'( I
J'ls2 III PH'Stllt
\man', ,/t'" de,", Cnrpu, ( hristi, Toas
PRf"IIlI" I
I'\,'clll" <lm','i ",I", tilr 4 }l'",cln storcs targetIng our Corpus Christi
marKet Intl'rlacll1g daily With other Il>p level execul1ves, negotiating top
dol Lu l:,.ntrach ,md coordinatll1g implementation, \1anage the jewelry :J,~
sl,lI\" dhi (lI,'he',trate rrolcs~ional sernces and resources, '"
~t'\ \Chh'\f'nlrI11li
.1<" I 11'~'
\nilcd ill H"ustO!1, I exas and hegan working at a gas
):,:iliun .jt ~i 11'\\ rate nf $2..,5 pel h~ll1r.
14
-Sept 986 rraveled to Corpus Christi, Texas on weeket\ds and
began selling clothes wilh ver}' little inventory.
.Sept 1989 Opened ,\man's lewders 1\1 the Corpus Christi Trade
Center
.JW) 1 '-192 Fxpanded blJsincss and opened Aman'c; rewders in
Sunrise MalL
.) olv 995 Created U Hah Hmtllers, In~, This cofll<>ration tllcJudes 4
lewelry ~lures with gross sales of S209, 74900
e:'-epl 99h Opened () conVClllerH:'e stores ITl Corpus Christi. Texas and
surrounding are<'18
. \ug Y9Li
.\ Ikr a ln~mcndous opportunil)' !Ii Padr~~s Swplcs Mall,
opened Aman's lewden; sUITpllssing all sales go-als,
relched ~fll!;S salc.s of$539?370.00 in Sept 200,t
.( ~ll il}1
Opened Motel 6 in Smtoll. [,'XRS
.~~.> OO~
Surpassed personal goals Lii Quml<l Motel is now under
L"I\<.tru-Uillll llnd wil! C.lpCIl 1mcr tJllS Vtill
:L!I..l !i,~~' Ip ~'..\TUXh.J II~an /\..lltunicl d~id :'\',Loo;lin nHir~:('ts r ,xCII,I!d
'r' '-~i'IYI'>: )It:~. ',',:! l'll1'iider:.J!' !r~ lur ~.h{,~ c,,-ddc!"J'f1!: T.!~f"!l',
15
RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ULLAH
INVESTMENTS, INC., PROVIDING FOR TERMPORARY PROPERTY
TAX ABATEMENT
WHEREAS, Texas Tax Code, Chapter 312, authorizes the City of Corpus Christi, Texas
('the City") to enter into Tax Abatement Agreements for projects meeting the guidelines
and criteria for granting tax abatement, as amended, duly adopted by the City; and,
WHEREAS, the area covered by the attached Agreement is within the Renewal
Community and is therefore eligible for tax abatement in accordance with the provisions
of the Act
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council finds and determines that the terms of the proposed
agreement and the property subject to the proposed agreement meet the applicable
guidelines and criteria, as amended, adopted by the City, and the City further
determines that the proposed project is feasible and the proposed temporary abatement
of taxes will inure to the long-term benefit of the City
SECTION 2. The execution of the Tax Abatement Agreement Attached hereto in
substantial form as Exhibit "A" is hereby authorized and approved.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: May 23 2006
By: ~)..lrYJn~___ ___
Ga W. Smith
Assistant City Attorney
for City Attorney
-j. LegDir\gws \agenda\2006\05- 30\taxabatem enUII<lh
2
Corpus Christi, Texas
of . 2006
---^-'-"'-- .,,--
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
-; LegDirlgws la qenda \2006\0 5-301taxa batem enl' Ila h
TAX ABATEMENT AGREEMENT
THE STATE OF TEXAS
*
COUNTY OF N llECES
ThIS 1 ax Abatement Agreement (hereinafter referred to as the "Agreement") is made and
entered mto by and bet\veen the CITY OF CORPlJS CHRISTL TEXAS (the 'Governmental
(init') and [iLLAH INVESTMENTS, INC (the 'Owner'). the owner of taxable property in the
City of(orpus Christi. Texas. Lot 5. Block 8. River Square Unit 2 (the "Property").
I. ALTHORIZA TION
This Agreement IS authorized by the Texas Property Redevelopment and Tax Abatement
Act, Texas Tax Code. Chapter 312. as amended (the' Act'). and is subject to the laws of the State
)f Texas and the charter ordinances. and l)rders of the Gcnemmental Unit.
II. DEFINITIONS
As used in thIS Agreement. the followmg terms shall have the meanings set forth below:
A. 'Base Year Value' means the assessed value of the Imprcnements on the Property as
l'ertified by the Nueces Count\' .\ppraisal District as of the January I preceding the
executIOn ofthls Agreement plus the agreed upon value of Improvements made after
I anuarv ] but hefore the execution of this Agreement
B 'Improvements" means the huildmgs or portIOns thereof and other improvements,
mcluding fixed machinervmd equipment. Llsed for commercial or industrial purposes
l[1 the PropeT1v
C 'Construction Phase" means the period dunng whIch a material and substantial
nnprovement ofthe Property occurs which represents a separate and distinct
(onstructlOn operation undertaken for the purpose of erecting the Improvements. The
{'ol1struction Phasl ends upon the earliest to occur of the following events:
, j I when a certlfi,~ate ofoi:cupalll:v is issued t()f' the project (if within City limits); or
!2) when commerl:lal proc!uct](ln of a pr(lduc! or prO\isiol1 of a service is achieved at
the hclllt\ 01
( ; i when the archItect or engineer supervlsmg construction Issues a certificate of
suhstantlal completion. or some similar instrument. or
HLegDir/gws,fcoDev Tax "'-bate! 11IahRenC\\(', 'nlll1
Page 1 of U
(4) two (2) years after the date of this Agreement.
The determinatIOn of the end of the Construction Phase shall be made by the
Governmental l nit. in its sole and absolute discretion, based upon the above criteria
:md such (Ither factors ,IS the Governmental Unit may deem relevant. The
determination 01 the end of the Construction Phase by the Governmental Unit shall be
,:onclusl\ e, and any judicial reView of such determination shall be governed by the
~ubstantial e\ideflce rule
I), "Abatement" means the temporary or partial exemption from ad valorem taxes of
certain added value to real and personal property in a zone designated for economic
development purposes pursuant to the Act
F. 'Eligible ProperTY" means the buildings. structures, site Improvements, and that office
'pace and certain personal property necessary to the operation and administration of
the Facihty to be constructed pursuant to this Agreement. A list of the Eligible
Property IS set f(lrth in the Project Description which is attached hereto as Exhibit "A"
,md made] part hereof During the Construction Phase of the Eligible Property, the
()wner ma)- make such change orders to the Eligible Property as are reasonably
necessary to acc'lmphsh its tntended use, prO\lded that no such change order may be
made \Vhleh will change the qualificatiOn ot the project as a "Facility" under the
( ,uidehne:-. and (riteria l(lr (Jranting Tax i\batcment approved by the Governmental
I mt
f "inehglble Propel1y" means land: im e11lones. supplies; tools; furnishings and other
fl 'nns I)f movable personal property: \ehlcles; \'essels: aircraft; housing; hotel
3lcommodations, deferred mall1tenance II1vestments; property to be rented or leased
except as rrm Idee! in Section 2( e): improvements for the generation or transmission of
electncal ~nerg) not \\holl) -.:onsumed hy a New Facility or expansion; any
Improvements, including those to produce. store or distribute natural gas, fluids or
gases. whIch dre not integral tl) the operation of the Facility; improvements to real
property which h,lve an economIc life of less than 15 years: property owned or used by
the State of l\'xa., or Its politllal subdiViSIOns or b\ any ,)rganization owned, operated
()! directed h)- a ;)olitIcal subdl'Vlsion of the State of Texas; unless any of the above
t\ pes of prope!1y Ire speclficalh duthorized hv the Govemmental Unit.
(I "'\dded Value' means the ll1crease In the assessed value of the Eligible Property as a
result of "expanSion" or 'modernization" of an existing facility or construction of a
'new faciht)" It does not mean 'lr include "deferred maintenance,"
H 'TacilJty" means a Basic Manufactunng or Service Facility, Regional Distribution
Center Facility. Regional Tclecommul11cations!Data Processing Center Facility,
Regional ViSltOl Amusement Facility, Central Business District (CBD) Residential
Facility, Renewal Communitv Facility, or Petrochemical Facility approved by the
Governmental Unit as set fl)rth in the Guidelines and Criteria for Granting Tax
~hatement adopted by the GO\L'rnmental1 Jl11t
Ii LegDir/t:w, l'coDe,] a'L\hatt' UlIahRenc\\'( "f1!!]]
2,f ~
fhe GUIdelInes and emena for Grantmg Tax Abatement adopted by the Govenunental Unit are
lficorporated as a part 01 this Agreement. Except as the same may be modified herein, all
definitions set forth therein are applicable to this Agreement.
III. PROPERTY
The Property IS an area wIthin the ('lty of Corpus Christl, Texas, located in whole or in part
within the Jurisdiction of the Governmental Unit as is more fully described in Exhibit "B"
attached hereto and made 3 part hereof. Said Property is located within a zone for tax abatement
established pursuant to Chapter .~ I~. of tht' Texas Tax Code, as amended, by the City of Corpus
Christi, I c"as
The N ueces County Appraisal Distnct has established the following values for the Property
as of the January I valuation date prior to the date of execution of this Agreement.
Account No. nJa
Personal pnJpertl
~)li a
Account No. }Z2Y20 18
i and
impnJ\"!1I(,n!.
$225,[24
~ .300.00(j
[he GO\ emmental Umt and the Owner agree that the value of any additions to the Improvements
made after January! !jr not otherwise rdlected on the above valuatIon of Improvements is:
A.dditional Impro' ements $0
'\ddition anhe above amount to the valuatIOn of the Improvements as of the January I valuation
date prior ttl the date of exe-.:ution of thIS Agreement results in a Base Y ear Value as follows:
Base '{ear Value: >i;1.300.(IOO
IV. TERM OF- ABATEMENT AND AGREEMENT
The Governmental I inn agrees 10 abate the ad valorem taxes on the Eligible Property in
accordance with this paragraph and paragraphs V and VI hereof. The Abatement shall be
dfective with the Januarv 1 valuation date immediately following the date of execution ofthis
'\greement The Abatement shall continue !()r up to two (2) years during the period of the
( onstructlOll Phase and it)r rhe next three (3) full tax years thereafter. expiring as of December3I
\tsuch thm! tax year lhhe penoel of the ('nnstructlOn Phase exceeds two (2) years, the Facility
,hall be cdnsidered completed for purpose~ of Abatement, and in no case shall the period of
'\batement ll1clusive of comtruction and completion exceed five (5) tax years. The years of
\batement provided herein shall in each instance coincide with the tax year commencing on
January I and expinng on December 31 and in no event shall the Abatement extend beyond
December .~! of the 1ifth tax vear This\hatement shall also cover as Eligible Property those
HLegDlr/g\\:- FcoDe\ Ta\Al>ate i JllahRen,O'.d 'mm
hwe 3 ()r i
supplemental improvements to the Eligible Property that are added or constructed during the
post-construction three (3) year period of Abatement. In no event, however, shall the total
c\batemem period for such Eligible Property exceed the maximum five (5) year Abatement
period tor the entire project as specified herein.
The tenn of thlS Agreement shall continue for a period of five (5) years following expiration
llfthe abatement period. All terms and conditions imposed upon the Owner shall continue in
effect dunng such period, Jnd the Owner shall be obligated specifically to continue the minimum
employment levels specified herem, Any default shall be subject to the provisions of Article VIII
h ereo f.
\', TAXABILITY
During the period that the Abatement is effective. taxes shall be payable as follows:
(I) The value of the land comprising the Property shall be fully taxable;
(2 )fhe Base Year \ alue ('1' existmg Improvements comprising the Property shall be fully
uxable
(3) The \aluc ,)f Ineligible Property shall be fully taxable: and
(4) The Added Value of Fliglble Property shall be abated as set forth in Part VI herein,
\' I. AMOUNT OF ABATEMENT
The Abatement pwvided by this A.greement shall be based upon (for a Renewal Community
Facility) f(lr each created one (1) new pennanent full-time job per $50,000 of Added Value to a
property following the completion of construction and maintains the same level of employment for
the term of the abatement agreement. the percentage of tax abated shall be in accordance with the
fdlowing ....chedule
ConstructIOn Period
(not tll exceed 2 years!
Year
Year
Yedr
Eercentage of Abatement
I 000/0
750/0
750'0
00/0
In (lrder to be counted as a permanent job under thiS Agreement, the job must be a full-time
pOSition providing regular \vurk schedules at least 35 hours per week. For compliance
purposes, the determination date shall be January I of each year commencing with the
January 1 following the date of completion of construction. The percentage of abatement
prcl\ided each vear under this Agreement shall he based upon the employment information
H'LegDir .>!\\~. Ee(lD,'\ TaxAbak UllahRene\\ (i!l1111
i':we 4 of ;
as \)t January I of such year As a result, the actual amount of abatement may vary from
year to year based upon employment levels and property valuations.
Note: if thIs project is deSIgnated as a "rehabilitation project" under the Guidelines
and ('riteria \-vhich involves the adaptive reuse of an existing structure or building for a
FaCIlIty, the project must lIlvolve a minimum capital expenditure of $250,000. The
rehabIlitatIOn project must involve the adaptIve reuse of an existing structure or building
currently on th\.:' property tax rolls so that the Base Year Value associated with the project
wi]] II1clude both the value (if the land and the eXlsting improvements. The Owner and
Owner's landlord..;pecifically disciallu any abatement for improvements to the building, and
the ,;ovenants and ob] Igations hereof shall not be binding upon Owner's landlord. The sole
ElIgible Propel1y subject to abatement shall be the value of personal property such as
turniture and ml lvablc equipment installed by Owner which would otherwise be considered
IneligIble Propert) for any other type of abatement category. In no event, however, may the
total \ alue of such personal property subject to abatement exceed $1 million.]
At the time of executIOn of thIS Agreement the Owner reasonably estimates and represents
to the (iovernmental I 'nn that the Added Value comprising permanent Improvements upon
,'ompletlon of the Construction Phase shall be:
(>JJ.\}!).C!OO ,"Estimated Added Value"!
In the event that upon completion of the Construction Phase the Added Value of permanent
Improvements. as determined by said Appraisal DistncL shall at any time thereafter during the
period c.t Abatement be less than eight-tive percent (85%) of the Estimated Added Value, not
due to Circumstances beyond the control of Owner. the Owner agrees to pay, as additional taxes
hereundtT. an am\)Unt equal to the then current tax rate of the Governmental Unit applied to the
chfferen\:e betv,een the Added Value from eighty-tive percent (R5%) of the Estimated Added
Value, multiphed bv I O( 1% minus the net percentage of Abatement provided under this
:.\greemcnt For the purposes of this prO\lsion, the term "circumstances beyond the control of
Owner" shall include casualty losses, national economic tactors. shutdowns due to governmental
regulations, strikes, acts 01 war: and the like. The fomlUla for calculating such additional tax is
\utlined as t()lI(\\\ s
Tax Rate) x [n~)oo of Est Added Value - Actual A V) \ (lOO<;;o - Abatement%)] = Additional
fax.
VII. CONTEMPLATED IMPROVEMENTS
The contemplated Imprnvemenh are set forth 111 the Project Description attached as Exhibit
. A:' During the C onstructlOn Phase. the Owner may make such change orders to the project as
are reasonably necessary. provided that no such change order may be made which will change
the qualification of the project as a "Facillty" under the Guidelines for Granting Tax Abatement
approved by the Governmental Unit All Improvements shall be completed in accordance with all
tpplicablc laws. ordll1ances. rules or regulations, During the term of this Agreement, use of the
H LegDlr!t'\\S f~c()De"1 :1\:'\ hate lJllahRenewC \)ll1m
~'alle 5 Ill'
Property shall be limited to operation of the Facility described in the Project Description
consistent with the general purpose of encouraging development or redevelopment of the zone
during the period of thIs Agreement
Owner represents and warrants that this project will add at least 26 additional permanent or
full-time operating or contract employees to the project site. The current estimate of employment
upon completIOn of construction IS 26 The project is not expected to solely or primarily have the
effect of transferring employment ham one part of Nueces County to another.
VIII. EVENTS OF DEFAULT AND RECAPTURE
A. Failure to Commence OperatIOn During Term of Agreement. In the event that the
Facility is not completed and does not begin operation with the minimum number of 26
permanent Jobs by the January I following the completion of construction, no
abatement shall be given fl.)r that tax year. and the full amount of taxes assessed against
the property shall be due and payable for that tax year. In the event that the Owner fails
tt) begin operation with the mimmum number of 26 permanent jobs by the next January
J then the abatement Agreement shall terminate and all abated taxes during the period
(l f construction shall be recaptured and paid within 60 days of such termination.
B. Discontinuance of Operations During Term of Abatement. In the event the Facility is
cnmpleted and begins operation with the required minimum number of 26 permanent
Jobs but subsequently discontinues operations and the minimum number of 26
permanent .lobs i~. not mamtamed on any January] during the term of the Agreement
atter the completHlll of constructIon. fl.)r any reason except on a temporary basis due to
fire, explOSion or other casualt) or accident or natural disaster. the Agreement may be
terminated hy the Governmental Unit and all taxes previously abated by virtue of the
Agreement shall he recaptured and paid withm 60 days of such termination.
C Qehnquent Taxes. In the event that the Owner allows its ad valorem taxes to become
delinquent and fails to tImely and properly fl.)llow the legal procedures for their protest
and/or contest thIS Agreement ..,hall temlinate and so shall the abatement of the taxes
till' the calendar year of the dehnquency. The total taxes assessed without abatement for
that calendar veal' shall be paid within sixty (60) days from the date of termination.
Penalty and interest shall not begin to accrue on the additional amount of taxes due as
the result f recapture under thiS pnnlSlon until the first day of the month following
such SIXty (60) dJY notice. at ,,'hich time penalty and interest shall accrue in accord
\'Ith the la\vs of the Stale of Texas. Penaltv and interest on the amount of taxes
onginally levied hased upon the Abatement shall, of course, begin to accrue as of the
date such taxes \vere due in acc\)f(l with the laws of the State of Texas.
D. ~otice of Default. Should the (J(lvemmental Unit determine that the Owner is in default
according to the terms anc! condItions of this Agreement, it shall notify the Owner that
It such default is not cured wlthlIl sixty (60) days from the date of such notice ('Cure
Period') then thi~ Agreement mav be terminated. In the event the Owner fails to cure
f 1. LegDir .:2W, FcoDevTaxl\ batt UlIahRellew( Cl11In
Page 6 of '\
SaId default during the Cure Period, this Agreement may be terminated and the taxes
abated by \'lrtue of the Agreement will be recaptured and paid as provided herein.
L 6ctual AddedValue. Sh(luld the Nueces County Appraisal District determine that the
total level ot Added Value during any year of the term of this Agreement after
completion of the ConstructIOn Phase is lower than the Estimated Added Value such
that a lower percentage )f \batement ]'1 applicable, t()[ each year during which an
Abatement has been bryanted the difference between the tax abated and the tax which
should ha\1.:' been abated based upon the actual Added Value shall be determined by the
Governmental Unit and paId within 6(1 days of notification to the Owner of such
dctenninatwn Penalty and interest shall not begin to accrue upon such sum until the
tlrst day of the month followmg such sIxty (60) day notlce, at which time penalty and
mterest shall accrue 1I1 ac(ord \\1th the laws (',fthe State of Texas,
F, ReductIOn lI1 Rollback Tax Rate. If dunng any year of the period of Abatement any
portion of the abated value is added to the current total value of the Governmental Unit
but is not treated as 'new property value' (as defined in Section 26,012 (17) of the
Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in
calculating the 'wllback tax rate' lI1 accord with Section :26,04 (c) (2) of the Texas Tax
CJde and If ltle Governmental Unit's budget calculations indicate that a tax rate in
excess of the 'rollback ta:>.. rate IS regulJ'ed It) fund the operations of the Governmental
( I1lt tor the sue\. ceding/ear. then the Governmental l fnit shall recapture from the
()wner a tax lD an amount equai to the lesser uf the follovymg:
( I) The amount df the taxes ,lbated t<n that year bv the Governmental Unit with
respect to the Propert'.
2 I The amount obtained b)subtractmg the rollback tax rate computed without the
abated prupel1y value bcmg treated as new property value from the rollback tax
rate computed WIth the abated property value being treated as new property value
and multiplYlOg the difference b) the total assessed value of the Governmental
l nil
If the (;ovemmental U nit has granted an abatement of taxes to more than one taxpayer, then
the amount of the relapture calculated in accord with subparagraph (2) above shall be
prorated on the basl s olthe value of the abatement with respect to each taxpayer.
This e\ ent shall not constitute 11 'detault' under thIS Agreement. and the sixty (60) day Cure
Pennd provided ah(>ve shall nol appl). Such recaptured taxes must he paid within thirty (30)
day:-- arier !lobCt: lht:rect'has been gl\en to the (hvner. Penalty and interest shall not begin to
accrue upon such sum until the tirst day of the month following such thirty (30) day notice,
at \V/lldl time penallv and II1ten'st shall accrue 111 accord with the laws of the State of Texas.
G C~~lI1tinuatlOn of Tax Lien. The amount of tax abated each year under the terms of this
-\greement shall he secured by a first and prior tax lien which shall continue in
ex lstence Ii'om \ ear to veal' until such tlmc as thIS Agreement between the
HLegDlr/gws [coDe\ I aXi\i1ate UllahRen<:\v( "!Tlnl
Page 7A J
(lovernmental l nit and Owner is fully performed by Owner, or until all taxes, whether
Jssessed or recaptured. are paId in fail.
In the event of any det~lUlt by Owner, the governing body of the Governmental Unit reserves
the right to terminate or modify this Agreement. Owner shall be afforded written notice of such
default and the opportunity to cure as provided above. If Owner believes such action was
Improper. Owner may file an appealm Nueces County district court within sixty (60) days after
written notIce of the action by the Governmental Unit. Owner shall remit to the Governmental
If nit. \\ithm such 60-da:, period an) additional or recaptured taxes levied pursuant to the
payment proVisions of Te\as Tax Code 0 42.08. If the final determination of the appeal increases
Owner' ~ lax liahilltv abo\ e the amount paid, Owner shall remit the additional tax pursuant to
fax Code ~ 42.42 If the tinal delennination (If the appeal decreases Owner's tax liability, the
CJovernmental Unil shall refund the Ov..ner the diflerence between the amount of tax paid and the
amounl lJ} tax for whICh ('wner is iable pursuant to Tax Code 9 42.43.
IX. ADMINISTRATION
Inspections. The ()wner shall allo\\ employees and/or representatives of the Governmental
Unit to have access to the Propertv during the term of this Agreement to inspect the Facility to
determine compliance with the tenus and conditions of this Agreement. All inspections will be
made only after the gi\int! of twenty-four (24) hours prior notice and will only be conducted in
such manner as to not unreasonably ll1terfere with the construction and/or operation of the
Facility All InspectIOns will be made with one or more representatives of the Owner and in
lCcordanc,' with Owner's -.;afetv standard ~
Appraisals, The Chief AppraIser 01 the Nueces County Appraisal District shall annually
,jetermine (i) the taxable \ alue of the real and personal property comprising the Property taking
mto conSideration the t\hatement pWVlded by this Agreement, and (ii) the full taxable value
wlthoul Abatement of the real and personal property comprising the Property. The Chief
'\pprai"er shall rec~\Hl hoth the abated taxable value and the full taxable value in the appraisal
records The full taxable \t1ue figure lJsted in the appraisal records shall be used to compute the
dmount ut abated taxes that are required to be recaptured and paid in the event this Agreement is
Terminated 111 a manner that results in recapture, Each year the Owner shall furnish the Chief
\ppraiser \Vlth such mtomlation outlined 111 Chapter 22. Texas Tax Code, as amended, as may be
necessarv t()r the administration of the At-.'Teement specifIed herein,
Annmtl R~lliJrts. (hvner shall certlt~ to the governing hody of the Governmental Unit on or
hefore\pril 1 each year thai the (hvner is in compliance with each applicable term of this
\greement AdditIOnally. during the 111llial four veal'S of the tenn of property tax abatement,
I )wner shall pltn Ide to the Go\emmenta] Unit an annual report covering those items listed on
Schedule I attached hereto m order to document the eff0l1s of the Owner to acquire goods and
...ervices dl1 a local haSh, Such annual report shall be prepared on a calendar year basis and shall
he submItted to the (Jc\\emmental !~nit 11\) later than ninety (90) days following the end of each
'-uch calendar year. The annual report shall be accompanied by an audit letter prepared by an
111dependent accountll1g firl1l which has re\ iewed the report.
H'LegDir ~\h FcnDn I ,lx.\hak UllahRencwi i1n1m
hHle 8 "j ~
'Bu\ Local' Provision. The Owner additionally agrees to give preference and priority to
local manufacturers. suppliers, contractors and laboL except where not reasonably possible to do
so withuut added expense. substantial 1I1convenience, or sacrifice in operating efficiency. In any
such exception cases involving purchases over $10,000.00 a justification for such purchase shall
be included in the annual report. The Owner further acknowledges that it is a legal and moral
obligation of persons receiving property tax abatements to favor local manufacturers, suppliers,
contractors and laboL all uther factors being equal For the purposes of this provision, the term
local' ,is used to describe manutacturers, suppliers, contractors and labor shall include firms,
businesses. and persons vho resJde In or mamtain an oft-ice in either Nueces County or San
Patricio County. In the e\ ent of a breach of the buy local provision, the percentage of abatement
shall be proportionately reduced by the amount the disqualified contract bears to the total
constructJOn cost teJI the project
X. ASSIGNMENT
The ()wner may assign this Agreement to anyone or more corporation(s), 50% or more of
the outstanding votmg securities of which are owned, directly or indirectly, by one of the
Owners. or any partnership(s) or hmited partnership(s) in which an Owner, or a subsidiary of an
Owner, IS a general partner. The Owner may assign this Agreement to any other new owner or
lessee uf the Facilitv witIl the prior wrltten consent of the Governmental Unit, which consent
shall not be unreasonablv withheld <\ny assignment shall provide that the assignee shall
Irrevocably and unconditionally assume all the duties and obligations of the assignor and become
the Owner upon the same terms and conditions as set out m this Agreement. In the event more
than one entIty IS Owner hereunder, the obligations of said entities shall be joint and several. Any
assignment of tllIS \greement shall he \0 an entit] that will provide substantially the same
Improvements to the Property, except to the extent such Improvements have been completed. No
assignnlent shall be appro\ed if the Owner or any assIgnee is indehted to the Governmental Unit
for ad valorem taxes or other obligation~
XI. NOTICES
Any notice reqUIred ttl be given under the proviSIOns of this Agreement shall be in writing
and shall be duly served when it shall have been deposited, with the proper postage prepaid
thereon. and duly regislered or certified. return receipt requested, with the United States Postal
Service. addressed tel the CJovernmentaJ t 'nit or Owner at the follc)\ving addresses. If mailed, any
notice or l'\ lmmUllIcatwn shall he deemed to be received three davs after the date of deposit in
the United States \1m {nless otherWIse provided IJ] this Agreement all notices shall be
delivered tl the fc)lIuwmg "ddresse~'
To the (ro\emmental {nit: CITY OF CORPUS CHRiSTL TEXAS
120 I Leopard Street
P O. Box 9277
Corpus Christi, Texas 7S469
'\l!n: ('1tV Manager
H LegDir!i!w~ FcnDe\'-' :JXAbat( UlIahRl'IICW('1J11l1
Page 9 of
To the ()wner:
lLLA fNVESTMENTS. INC.
5220 Ayers
Corpus Christi, Texas 78415
Either party may designate a different address by giving the other party ten days' written
notice.
This Agreement has been executed hy the parties in multiple originals or counterparts, each
having full force and effect.
Executed this
dm at
.2006.
GOVERNMENTAl UNIT
;\TTEST
CITY OF CORPUS CHRISTI, TEXAS
81':_ d______ _ __
Armando Chapa. City Se\.Tetarv
Bv:
_.._-~-
George Noe. City Manager
A.PPROVED AS TO FOR \1:
By: amJ~rlA.- d 'd'
~. Smith. Assistant City Attorney
for Mary Kay Fischer City Attome\
OWNER
l LLA INVESTMENTS, INe.
Bv:
Aman Ullah
President
H : LegDiri gw~, EcoDn IaxAbateiUlIahRenew("rnm
Page 1 0 01 ! '
SCHEDULE I
"Buy Local" Annua] Reports
The tollowmg information shall be reported to the Governmental Unit on a calendar-year
basis dunng the first four years of the tax abatement program:
Dollar amount spent tC)f materials* (local)
Dollar amount spent tor materials (total).
Dollar amount spent tllr labor** (local)
<4
Dollar amount spent rllr labor** (tota])
"
Number Ilf J,)bs created III the construction project Oocal).
(c
'\Jumber <lfJ,)bs created III the constructlOn project (total).
'\Jumber 'lfjllbs created on a permanent basIs (local)
x '.iumber >flllbs created '1I1 a permanent basis (total)
* 'Matenals h detined to mclude all matenals used in excavation, site improvement,
demoliti\ln. concrete. struct ural steel. tire proofing. piping. electrical, instruments, paintings and
scaffoldIng. insulatIOn lL'mporan l'onstruction tacllities. supplies, equipment rental in
constructIOn. small toob and consumab]es. This term does not include major items of machinery
and eqUJpment nor readilY-dvailable localh
** 'Labor' IS defined t( include all labor in connection with the excavation. site improvement,
demolitllln. concrete construction.,tructural steel. tIre proofing. equipment placement, piping,
electricai lr1strumenb. pamting and scatt()lding. msu]ation. construction services, craft benefits,
payroll burdens. and related labor expenses. This ternl does not include engineering services in
connect!\ 1!l with the proJect design.
fhe tern"! 'I,lca] as used to descnbe manutacturers, supphers. contractors and labor shall include
tlrms. businesses. and pers'ills \\ h(l reSIde 1I1 or maintain an office in either Nueces County or
'lan Patnl"H' Count\
H'LegDirigws!EcoDevTaxAbate UlIahRenewt 'orrUTI
Page] I of "
Exhibit A
Corpus Christi Project Plan
vlay 23 .::'1 )06
This project wlll construct and operate a LaQuinta Inn and Suites with more at least 26 positions.
fhe site is currentlv vacant
Pennanent lmprovements
$ 1.300.000
Estimated capital
$ 1.300.000
H : LegDir. gws/EcoDev/TaxAbate/UllahRenewC ',>mm
Page 12 ()! ] !
EXHIBIT 'B'
Ll)t 5. Block /-;, River Square Umt 2. a subdivision III the City of Corpus Christi, Texas, as
shown by map or plat thereof recorded in the Map Records ofNueces County, Texas, and
being known as \500 McKenzie Road, Corpus Christi. Texas.
H" LegDir/gw~ FcoDev"j axAhak. UllahRenewC"omm
Page B of .1
APPLICATION FOR lAX ABATEMENT
This ijppL'~dIH<J sh,'uid be i lie, pnor I" the: hL'gHll>11lg of COIl~lrudj()n or the lIl~tallatioll or improvements~ The tiling of
thh d;\llll!lL'nl dcknm\ ll.Xt~cs 1l[llIhant\:nd ,u:ilnrmancc \\ilh (illlddmcs anJ Cnll:na for Granting Tax Abatement
ThIS ;,ppk,llio!, \" III ",,>come 1''111 01 lh, 1:1\ \[,aleInenl ,\grcCmc!11 anJ any knml'mgly false representations will be
gh'lIIl'.:' ., ICllillLdlH'f !i" ,\,JCCJlIl.,'lll i)1I:- ipill..'iltIlH:,huldd ht''illbllllttlxll" ilK City Manager, City Hllll, t20J
Leopa: d ) i,) ! {()\. ~ ,., ""' Of}; L"i Chns[l. I C.\..l."'; ",\{469 d'or propL~tics inside the CIty liluits) and to the C:onnty Judge;
Nt/eel if,lIt ,ur'i ,'I;' ')I !'~"!':H' I ~I!C',; ! pus ( 'hrht! I, "d' 'R40 I (rpr properties in Lmincorporated areas)
FOHk Oi FS OF I iii iPP II
10" SIIOI I i) hi I, I VI) WIlli Iln \I'PI<OPkIATE <;( IVJ<:RNMI<:NTAL UNIT,
App);" !Ii
!i(',t-~nTl' \
Dale
/ Of>
('4mJpar
!'.\"Il \ ,\'l 'AL REPORT
Shutter~ \'i.l!l,.a~i,;nl tt.!
t"'Urnhi,..1' ilj I mpJovecs
Add"",.
[',U .13(; ~.
\nnual Salt..>
~~ JJJ.'!";I_l.~\~l:~
PrOle,
lrHl;:llHf
!;h,.'1!'"
Hash !'v1;:mtJt~H,'{W-l1\g or ';ef\'I('(; Indus,....
Enk.'"rprise Inm: K~idcnltaJ R\.Xh:\ d(}~'nlcn
,Regional l)i~!nbullon ('I"nn."T
Reghm,al \ 'iS1Llf \i'mJ.s~; !'lent i:~L,:;jlr
ltl\
! \! 1 )owntown Revil.1117.:JtlOn Housing Facility
, Petrochemical Fadlit \
i Regional Telecommunications Facilitv
,\) Ren<"wa! Communih' Facility
Desen
It,llH.'L~t'r L"t "r I, IIil\ \, b\ Pl'(i';
Proposn! dc\,dopmcnt ~l1J!ut hq condonUOIW'l pnl.1:..'\...l )cyclopmcnl \l.IHdd h;::in adapti\L 1(:11<'<; of th..: ~"Shut1ers" Building located at 602
Winneh,iHW ~~t.r~.: 'orpu\t' 1uIsh rex.:-- 78401 ~~Ct;: aHach(,"(' Lxhibit
pf(i;ect il,'1\\lptH'W
c'\ttach 1-::>tll;'11 Hit,
aU prop" ,,,,;dntPfO\ 'ffiCfjh
kttt::; II.(: page,,) "-!ilk!!l; H l'ul1.' ;;XplJlHUlg the IlToJIO;:l.:L dcs~ribmg lilt: eXIsting HJlt: and improvements. descri.bmg
:::stn -nt" an.J pr >, <dHl~' ..1" Hnpnn\'nli~'11t'i and propt:rh for \vhidl loatemL'11t is requested
\\ i I.
',<;1,"
I' 'Ill R'(I \Tl( ,c.
Op:::~rati( ,; \ddt.;:::ss ;P!t!
}C-';. npl1
60/ Wllm0h.,~p Stfl..':l",1 Jild ;>i,l11';:..1 ;i~1 ~trc:::';
Blol".:k :;, ~~, i <iH110n '11' 1< tp:l: ~
Block (; d, Hlull <;uhdi,,, '.
ii \ ,,~g.!J!!!j_tJl.L~t!
),~h~'()! !)I!.;tri..:!
, ,U!lli!lL C"hristi Independent ScllOOl District~__
:\U..1ch."1'- !'~"J!lhH H ,H1;
Uer 'C; pJ~l "
'f'lpl"!
dt;~..:ripll,F' md.u mar ..dll>\\mg prop"sd{1 site
Ecotlow it i nl()Il!ul! tOl'
~~bu4;.UQ.H LlStun~J~
11 \I( lDhRNl/ c\TIO'
bmrneth:onn.."-nt D~lk ^:\YzY.~J J ^ )IJ()()
F,stlfn~fkd h":OflOnl1l' 11tt: of Existing Plant:
years
-"onlflk:t.I~;n 1 Jat..:.
'I,!!!llJ'~1 ,11. ~,!X)7
\Jdcd LCOUOtHh.: Life from t\.1odt.wizatioH;
yeaI1l
Peak COil"rru..:twn jnO:;'
: We'
Cotal Co~r 01 uftstructlnn
',<)l~j' i ,QililufI")yd1nR<t,,,,!,! ISft!oll"'-'.~l.QU>ui liling and JJY!ill
~!!!~l]1lilim'l""tJ~;;!mJ'l.lJ<~ (tJ] ..)
Pemlant:11! Llnpl(lytHl..,'HI
'.Jumbcrt
j 'f\:dtul
P,4GE ."11,
~"U\['P-D!lsc(i \'alu, (n :->11('
1 <,nl1
Impr .vement'
PerSOrlill proreny
A~: nt j
i P.'Telling \natrmen! \greemenl
~!"~; Jt~
i"J.(I':I~
$U
V.alae At,atcd PIOpt-ny d():JII ,3ml' dion ()! Pn'l ~
...., {~b
; I 'i(lO likl to $12,000,000 $0
V"luc "pun C:Olflpleliod 01 PmJ"'" oj .Iny PlOj.<:l!
Prnjec' imprnvCfllP'm< oo~ -~llh'{"'f-l To '\~ar('menl
Is. the j; nd; 'lrn~ml\' \mdt~1 agdLultliral~us.e _H <To'! Sp<iCt (\~fnptJOn' )t.~ ():
umdll .
;'ax.-,
\if:)
(179 Qllif'QQZO ()7'j' WOf>OO,7Q
Ptl -\'oal Prut \I;U
YARl [\1' b. s we LipPi" ant ,eeKlllg ,"",all'.
attaclJ >1t' ;equ~ ed )upl,kl:!t::nL iV 11!f{\fi!!:l j.)l
i;,:{Vl
'(f ,d nIt' 'd.llde!lf (~<) 'Yes (
No (X) If "yes"
OTHU~ \BA EME',Jf" 1S till api'llcall' ""Ide ''l)Pdt alPI ll\illCmem of thiS project by another taxing
jurisdlc[icn orlearD) loulttie~ Yc~ "" \ If" Ill' '.ide dat'> ,)1' 1pplication, hearing dates, if held or
schedule,i '1rtflH' 'url,di, !iO(1, an(! ('1113'" lcd J..-I!ers
COMl \ \ RIPRf...'.'\j! ",TI'iE '), Hf 'I)
J Ef I
N1 j~
, ft'!''; t
Nalllt'
Title
Ii f1~\ ,hme
\urf"l
C'ompallY Official
Addff
U Bu.l\ b32,.
, QJ}m!> U1I1S(l, I :;glS 7~iQ~
Mi1rk l\.Qilllle, Presidenl _______,___
"ame and Title ot \uthorized Company Official
Telepl
,6 ,8S(l -;88'
INSTRtJ( IIUNS
\pplil am> <11".!
posith ,'llSiderauoll
and iwilg:hle impn'VI:II,,'lH
must mcc :IIC Ie l":rCIIlenl, eSlilhhslleli h [be C;ulddmcs and Criteria in order to receive
of the (;1 IdetHlf'; 'or example set,. \)ut regulations govc~ing, eligib~e facilitie~, el,i$ible
te: ns ;,nd f'( (. 1,mp.: 11 i;'hficalio!1' (,wtnrrr,,,IJCI,' \,\,lt13 j ! sectIons IS reqUIred for elIgibilIty,
APPL A rl0N lNFORM!! TJ( N
!I,' Id'II;; [iiI!' II,IY , ,lIside, AppiiCiHlI, ,inancla! lapacJf\ ,deh:'Olmmlng whether to enter into an abatement
agreelliefli tst.~bl;shnJ 'UIlpalles if) which :)ubll, mformallOll 1, dvailabk. 01 :he wholly..ov,'lled businesses of such
\:ompame. \ho,Ild ,ncilldl' vltll 'ilt' ApplJlation J of !Iwil !AII."" :tlllJUdllt~p(ln t" stockholders, Other Applicants and
new companies should Jila( h a LateIllcl,tS:lCWI'li the ..lIrnl'im, MiS e,wblishb), business references (name, contact
and te'ephune number. I' rrimpaJ bam:. ,,'! tfld ,lid 11<, v ht' u>q, ,ired to submit an audited financial
~tatemc n1l1ld business (\, a li
PROJI( '1 NFORMA T'n~.
(inly iaci!iues !Jsted III the \Juldelines Illay receive abatement Without applymg for a variance. Check the
defmitlorlS III the GlJidei!Ue~ to see if your projecl qualifies If Ule project IS a Basic Manufacturing or Service Industry or
a Regllllj;j[ Distrihution Cente the AppJicatlol1 should :nclude market studies husiness plans or other materials
demonstrailng thallhe fa.:rJrtv is 'ntended 10 serve narket the majority (If which IS c,uIside of the Nueces County region.
ECOl\UMJe INFORM/,TilN
F'cnnanelli Emplojnreiii Estlmilte! h, "llmatlllE- pellnaneUi empioymelll. include the total number of jobs
(using !'ull Time Equivalents) ( ceated :If th, S!(l' toy 'lour Tlrm ",. well as known pennanent jobs of service contractors
required for opera lion
Estllllaled Appraised \ alue ou Slle (be value January 1 preceding abatement should be the value established
by the "'ueces County Appraisal District If the Applicant must estimate value because the taxable value is not known or
is combmed with our properties under a single tax account. please so stale To qualify, the abated properties must be
expected Ie resuli in 3tI addition In the tax base uf if least $2 minion aftei the period f,r abatement expires, Projections of
value should be :J "best estimate based on taxability m Texas. fhe projection of project values not abated should include
personal plOpcrtv and mcligibl, projecHr!atcr' 'mrroVCIDClli" ,lid; a~ !)ft!cc ,pau III excess of that used for plant
admini\trat ;{)n, hi )\J~inf~h
ht;<'Ek
,i! ~ HI
:';j; 'lent
'.i
:iHJfl
:, !'j;!,iH( d'
EXHIBITS A&B
"""""",, .--'
11If<'\TLANTIC CONDOMINIUM
"____._"___ em' pus Christi, Texas 78401
IW\FLOPMI<'NT PIAN
Our ,;;11 Ifl IS [()l illl !lOdCH lopment (,I tilL Shutters BulldIllg lo(.atcd at !1()2 Winncbago Street Corpus
Chns;, ,>(a, Ihl ICilahilltallon 11l11l\l,je,l,' the '",Il1\ctSWII or the c\lsllng structure mto a 34 WlIl
high.,,:nc ion ,ondofllllilUl1 facillt\ TIll tit 'clopmclllls an IIndcrtakmg of Shutters Management. Ltd.
a part!lcr~lllp b('I\\('(', !e! '\damc J;m iI\ ,he Nola" R\.Hl frlllllh and \.11 lared Shope
~uml!!M\ ofSl!lli.~H')arcels and.Existin1!. Iml)W\Cments
PAR( El .1.6112 WINNFBAGO STRFF'I
Block ", t ess Portion to Rigid of W,,\. Bluff ,uhdhisioll ('i!\ ..I' (Ut'pus Cht'isti, Nueccs County, Texas
ParC{iIlSISL; l! ,; -{fJ( ,quare lu 'I II C ) PH':" and located -II the northeast corner of North
Cafalh.ahua Street and Wllflebago :)ll-':U fhc proptr1\ IC cuntl1lh Improved with a tiered 97,542
SquaT, fOOL SC\Cll il SIOf\ office blllldlllg Jnd 90()() square ICet llf" asphalt pavmg The building was
constructed 111 1')(,(. am! IS )f masonry Cl'llstructlOn l'he bUlldmg was onginally developed as home to
the Allanoe/Mobll Or! (ompam. and "viI' I-..llown b\ thiS name l'or several vears. Some time later. gold
shutter', )Aere plac:td on all of the \\ mdo\\ s and the propert\ became Known as the "The Shutters"
buildm g It suB holds 1I11S name (odal r Ik buildmg \\ as IIwsl It'cenlh tlccupied b\ the International
Institll',e until 'Imh lOll he racilii\ !la, '!llt c beell \ ;j',.ani
ACCOldlllg to the: ;"ueecs i ountv-\ppraJsaJ District the
Number ii797-0007.002o and Account Number RJ()()79 I
$2';0 ~( ($1 ~9d9X Inlpr< \cmcnts Hid ~,')fl 'j 1R I,and,
the pac, c (".), cm'
propcrh IS ltsted under Tax Identification
TIle 2005 assessed value for the parcel was
nlC assessment has remained unchanged far
PAR< FI B :'2 NORTH ( \RAN( UH \ .., tREE'!
Lots ~ md~, BIlt/[.. (, ,.f the B!utl Suhdi,i\i"n 11\ of ( "!'Illl'. Christi Nuen," {(lutlly Tl'xas
Parce: ! I I d I . (lO, s\lual. fOOL, -14 Ie n [)Iecc ,,' land located al Ille southeast comer of North
Carancahua Street and Winnebago Street ("Ill' \acant lot t~ located immedJateh south of Parcel L
Therem no nnpro\l'!Ilt.nts unenth ISSOc.Iil!t.d wIth till propt~rt\
Accordmg to the Nueccs (aunt> Appraisal District the propert~ IS listed under Tax identification
Number n797-11006-n07il aJid Accowlt Numbcl Rl967R7 fhe 2005 assessed value for the parcel was
S62.400 The assesSI1lCJil has remained unchanged for the past !(mr (4\ \ cars.
COMBINIW ASSESSED VALtJE OF !'ARCEIS [AND II
Together parcels and lane 2 ha\ c; comhll1cd assessed value of $11:' -B(,. which equates to a total
proper1\ la\ IJabilm ofS9j '6 V,
I HE ATLANTIC CONDOMINIlJM
Corpus Christi, Texas 78401
IIU ATLANTIC CONDOMJNlliM
. _.__._....._.._._.___. Corpus Christi, Texas 78401
mE ATLANTIC CONDOMINnJl\1
Corpus Chris~ Texas 78401
I HE ATlANTIC CONDOMINmM
"'_'___ Corpus Christi, Texas 78401
t In ATLANTIC CONDOMINWM
Corpus Christi, Texas 78401
fnmused ImJJr()vcmcnts
Althuugh thl: parlnuslup ,wns !llUllIpk Iral.:ts in till area. the enUre de vclopment will be focused on
parel 'IK and sc'. (lccompam lllg dcrial UIi !t)lI,m 111g page) I f" developed according to the
currcnl plans Ihe '!7. '42 square reet l,r building area Idelltlfied in Parcel I would be made up of
appn'"{ll!Iateh ,,3 ! : l ~qu.'re ICl't o!" usa hi, . living ,Jrl~" i'i.p I "quare lcel common area. and 15.000
squat; L~cl parKlIlll
The iIHUi<ln pJaHs. un nth alIOl\ lor the; onstrucllon .11 loti-styk condominium units. with sizes
rangJilg (rom I 27' squarl fed 10 72.1 sqllare ICel lire 1I1111s wIll be; developed on 1100rs two (2)
through "evcn 7) \\Jlll II;' firsl lloor,iatcd /<:,)1 ulll\CfSiOIl W dl1 enclosed parking area. Since the
bUIld Illt' is tcrmeed there ,'ie two planned roof recreatIOnal areas
In OJ :Jel 10 help equah/c ti;. prospective \ ,n, S of the proper! \ , )X of the q units have been designed to
b,: 1\\') ',[ories I1l helghl I ur the magmh dl the !lints lhe. h\1llg areas 'IIlI be on the first level of the
c"no ah lhe bcd'oolllsocated 'lil tJK,uond klel : hl openmgs between the two levels \\ill be
exaggerated m order te' gJ\ '.:: owners a mort' traditIOnal Ion e\penence ('Uffent plans call for a total of
2( B,'droom units ilnd I! ) FkdlOOl1l I nits Till' proposed Hili! Oil\( prthe project is provided on the
folio" IIlIl page
As j, i'arce! Ii. urrent plans call fIX the ~,onstructJO/l ,11 an additlOnal 15,000 square fool. covered
parkj.!g.m::a to sene the pr IspectJ,e O\vners of the UIlIlS
Timin!!
With :espcct to the t1l11lllg "I' the project OUl ,AmstructIon stan date IS predicated upon the success of our
pre-sale,. campaIgn Our goal would be to slmt construction no later than August Of September of 2006.
Actu;)i C;lIlstTuctlOlI lime is .,;stimated to be 10 10 months whICh equates to a delivery around Mid-Year
of 20
!;.~timated RetailYaJuc of Proposed lmon:wements
TIns dopmcnl lepresen:s the city s firsl true loli clltldommlWlI development. As a result. historical
pncing schemes are non-eXlstent. Based upon our research of the local and regional real estate, we have
estimated sale pnces in th~ $200 peT squan loot range \1 the current unit mix, this would equate to
overall sale pnces from the rnid-$2JOs 10 the high $400s. and a total retail sell-out amount around $125
milli. 'I:
I liE ATI:ANTlC CONDOMINIUM
Corpus Christi, Texas 78401
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RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
SHUTTERS MANAGEMENT, LTD., PROVIDING FOR TERMPORARY
PROPERTY TAX ABATEMENT
WHEREAS, Texas Tax Code, Chapter 312, authorizes the City of Corpus Christi, Texas
('the City") to enter into Tax Abatement Agreements for projects meeting the guidelines
and criteria for granting tax abatement, as amended, duly adopted by the City; and,
WHEREAS, the area covered by the attached Agreement is within the Renewal
Community and is therefore eligible for tax abatement in accordance with the provisions
of the Act
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council finds and determines that the terms of the proposed
agreement and the property subject to the proposed agreement meet the applicable
guidelines and criteria, as amended, adopted by the City, and the City further
determines that the proposed project is feasible and the proposed temporary abatement
of taxes will inure to the long-term benefit of the City.
SECTION 2. The execution of the Tax Abatement Agreement Attached hereto in
substantial form as Exhibit "A" is hereby authorized and approved.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: May 23, 2006.
BY:~
Assistant City Attorney
for City Attorney
>-1- LegOir\gws \agenda\2006\05-30\taxabatem en Shutters
2
Corpus Christi. Texas
cl .2006
--~._- ,,-, "
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
H . LegOir\gws\agenda \2006\05-30\taxabatemen S hulters
T AX ABATEMENT AGREEMENT
THE STATE OF TEXAS
*
COUNTY OF NUECES
ThIs Tax Abatement Agreement (hereinafter referred to as the "Agreement") is made and
entered into by and between the CITY OF CORPUS CHRISTI, TEXAS (the "Governmental
Unit") and SHUTTERS MANAGEMENT, LTD., (the "Owner"), the owner oftaxable property
m the City of Corpus Christi, Tex&<;. 602 Winnebago Street and 922 North Carancahua Street
(the "Property").
I. AUTHORIZATION
This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement
Act, Texas Tax Code, Chapter 312, as amended (the "Act"), and is subject to the laws of the
State of Texas and the charter, ordinances. and orders of the Governmental Unit.
II. DEFINITIONS
As used in this Agreement. the followmg tenns shall have the meanings set forth below:
A. 'Base Year Value means the assessed value of the Improvements on the Property as
certified by the N ueces County Appraisal Dlstnct as ofthe January 1 preceding the
execution ofthts Agreement plus the agreed upon value ofTmprovements made after
January I but hefore the executIOn of this Agreement.
B. 'Improvement'>' means the buildlllgs or portions thereof and other improvements,
mc1uding tixed machmery and equipment. used f()r commercial or industrial purposes
on the Propert'.
C. 'ConstructIOn Phase' means the period during which a material and substantial
Improvement of the Property occurs which represents a separate and distinct
construction operatIon undertaken tor the purpose of erecting the Improvements. The
Construction Phase ends upon the earliest to occur of the following events:
( 1 I when a certi h:ate of< lccupancy is issued for the project (if within City limits); or
12) when commercIal production of a product or provision of a service is achieved at
the facilitv. 0
! 3 I when the archItect or engineer supervising construction issues a certificate of
substantial completlon. or some similar mstrument, or
H LegDir/gws iEcoDeVi1 axAbate AtlantlcCBDRes
Page I of ] 1.
( 4) two (2) years after the date 0 f this Agreement.
fhe determination of the end of the Construction Phase shall be made by the
Governmental Unit, in its sole and absolute discretion, based upon the above criteria
and such other factors as the Governmental Unit may deem relevant. The
determmatlOn ot the end of the Construction Phase by the Governmental Unit shall be
(:onclusive" and any judicial review of such determinatIOn shall be governed by the
substantIal eVIdence rule
D. Abatement' means the temporary or partial exemption from ad valorem taxes of
certain added value to real and personal property in a zone designated for economic
development purposes pursuant to the Act
E. Eligible Propertv' means the buildings, structures, site Improvements, and that office
space and certain personal property necessary to the operation and administration of
the Facility to be constructed pursuant to this Agreement. A list of the Eligible
Property is set forth m the Project Description which is attached hereto as Exhibit "A"
and made a part hereof. During the Construction Phase of the Eligible Property, the
(hvner may make such change orders to the Eligible Property as are reasonably
necessary to accomplish Its Intended use, provided that no such change order may be
made whIch wil! change the qualification of the project as a "Facility" under the
(ruldelines and (riteria for Granting Tax Abatement approved by the Governmental
I rut
F .] neligible Pwpeny' means land; inventones; supplies; tools; furnishings and other
forms of movahle pers(lllal property: vehicles: vessels: aircraft; housing; hotel
al:commodations; deferred maintenance investments; property to be rented or leased
except as pnwlded in Section 2(e): improvements tor the generation or transmission of
electncai energy not wholly consumed hy a New Facility or expansion; any
Improvements. induding those to produce, store or distribute natural gas, fluids or
gases, which ,1re not Integral to the operation of the Facility; improvements to real
property Whld ha\e an eCUnOlTIlC life of less than 15 years; property owned or used by
th' State of Texac; Of Its p()iitlcal"ubdivlslOns or hy any organization owned, operated
11 directed h) a politicalsubdiYISlOn of the State of Texas; unless any of the above
types of property are specifically authorized by the Governmental Unit.
G . Added Value' means the mcrease in the assessed value of the Eligible Property as a
result of "expansi,.m" or "modernization" of an existing facility or construction of a
"new facllit\ " It does not mean or include "deferred maintenance. "
H 'facil1ty means I Baslc Manufacturing or Service Facility, Regional Distribution
('cnter Facility, Regional relecommunications/Data Processing Center Facility,
Regional Visitor Amusement Facility. Central Business District (CBD) Residential
Facility, Renevval Community Facility, or Petrochemical Facility approved by the
Gllvernmenta] Umt as set forth in the GUIdelines and Cnteria for Granting Tax
.\hatement adopted by the Govemmental Unit.
H. LegDir/ gws EcoDe\ IT axAhate\tlantlcCB DRe~
2 of I :
The Guidelines and Criteria for Granting Tax Abatement adopted by the Governmental Unit are
incorporated as a part of this Agreement. Except as the same may be modified herein, all
definitions set forth therein are applicable to this Agreement.
III. PROPERTY
The Property is an area within the City of Corpus Christi, Texas, located in whole or in part
within the Jurisdiction ofthe Governmental Unit as is more fully described in Exhibit "B"
attached hereto and made a part hereof. Said Property is located within a zone for tax abatement
established pursuant to Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus
Christi, Texas.
The Nueces County Appraisal District has established the following values for the Property
as of the January I valuation date prior to the date of execution of this Agreement.
Account No. nia
Personal property
$ nla
Account No. 079-0007-0020 and 0797-0006-0070
Land $153.338
Improvement, $159,098
[he Governmental Unit and the Owner agree that the value of any additions to the Improvements
made after January 1 or not othenvise reflected on the above valuation oflmprovements is:
Additional lmpro\ ements: $0
A.ddition of the above amount to the valuation of the Improvements as of the January 1 valuation
date prior to the date of execution of this Agreement results in a Base Year Value as follows:
Base '{ear Value: 'b312,436.
IV, TERM OF ABATEMENT AND AGREEMENT
The G(lvernmental 1 Jnit agrees to abate the ad valorem taxes on the Eligible Property in
accordance with this paragraph and paragraphs V and VI hereof. The Abatement shall be
dlective with the January I valuation date immediately following the date of execution of this
\greement The Abatement shall continue for up to two (2) years during the period of the
onstructlOl1 Phase and tc)r the next tive (5) full tax years thereafter, expiring as of December31
of such third tax year. ffthe period of the Construction Phase exceeds two (2) years, the Facility
"hall be considered completed for purposes of Abatement, and in no case shall the period of
,\ batement mcIusive of construction and completion exceed seven (7) tax years. The years of
Abatement provided herein shall in each instance coincide with the tax year commencing on
January 1 and expiring on December 31, and in no event shall the Abatement extend beyond
December 31 of the sixth tax year. This Abatement shall also cover as Eligible Property those
H. LegDlr/gws, EcoDe\!T axAbate '\t1anticCHDRes
l'a?e3ofl'
supplemental improvements to the Eligible Property that are added or constructed during the
post-construction five (5) year period of Abatement. In no event, however, shall the total
Abatement period for such Eligible Property exceed the maximum seven (7) year Abatement
period for the entire project as specified herein.
The term of this Agreement shall continue for a period of five (5) years following expiration
of the abatement period. All terms and conditions imposed upon the Owner shall continue in
effect dunng such period, and the Owner shall be obligated specifically to continue the minimum
employment levels specified herein. Any default shall be subject to the provisions of Article VIII
hereof
V. TAXABILITY
During the period that the Abatement is effective, taxes shall be payable as follows:
(1) The value of the land comprising the Property shall be fully taxable;
(2) The Base Year Value of existing Improvements comprising the Property shall be fully
taxable:
(3) The value of Ineligible Property shall be fully taxable; and
(4) The Added Value of Eligible Property shall be abated as set forth in Part VI herein.
VI. AMOUNT OF ABATEMENT
The Abatement provided by thIS Agreement shall be in accordance with the following
schedule
Constmction PerioJ
(not to exceed :2 years I
Year J
Year :2
Year .'
Year 4
Year ::-
Percentage of Abatement
100%
100%
100%
100~'o
100%
100%
l \late: If this pWlect is designated as a "rehabilitation project" under the Guidelines
and Cnteriawhlch im olves the adaptive reuse (If an existing structure or building for a
Facllltv. the project must lI1volve a minimum capital expenditure of $250,000. The
rehabihtation project must Involve the adaptive reuse of an existing structure or building
currently on the property tax rolls so that the Base Year Value associated with the project
will include hoth the \alue of the land and the existing improvements. The Owner and
Owner's landlord specItically disclaim any abatement for improvements to the building, and
I-ILegDirigwsFcoDev TaxA bate AtlantJcCBDRe-
Page 4 of \
the covenants and obligations hereof shall not be binding upon Owner's landlord. The sole
Eligible Property subject to abatement shall be the value of personal property such as
furniture and movable equipment installed by Owner which would otherwise be considered
Ineligible Property for any other type of abatement category. In no event, however, may the
total value of such personal property subject to abatement exceed $] million. J
At the time of execution of this Agreement, the Owner reasonably estimates and represents
to the Governmental Unit that the Added Value comprising pennanent Improvements upon
completion of the Construction Phase shall be:
$ 11.500,000 ("Estimated Added Value"),
In the event that upon completion of the Construction Phase the Added Value of permanent
Improvements, as determined by said Appraisal District, shall at any time thereafter during the
period of Abatement be less than eight-five percent (85%) of the Estimated Added Value, not
due to circumstances beyond the control of Owner, the Owner agrees to pay, as additional taxes
hereunder, an amount equal to the then current tax rate of the Governmental Unit applied to the
difference between the Added Value from eighty-five percent (85%) of the Estimated Added
Value, multiplied by 100% minus the net percentage of Abatement provided under this
Agreement For the purposes of this provision, the term "circumstances beyond the control of
Owner" shall include casualty losses, national economic factors, shutdowns due to governmental
regulations. strikes, acts of war; and the like. The fonnula for calculating such additional tax is
outlined as tollows:
[Tax Rate] x [(85%; of Est Added Value Actual AV) x (100% - Abatement%)] = Additional
Tax.
VII. CONTEMPLATED IMPROVEMENTS
The contemplated improvements are set forth in the Project Description attached as Exhibit
"A," During the ConstructlOn Phase, the Owner may make such change orders to the project as
are reasonably necessary, provided that no such change order may be made which will change
the qualification of the project as a "Facllity" under the Guidelines for Granting Tax Abatement
approved by the Governmental LImt All Improvements shall be completed in accordance with all
applicable laws. ordinances, rules or regulations. During the term of this Agreement, use of the
Property shall be limited to operation of the Facility described in the Project Description
~:onsistent with the general purpose of encouraging development or redevelopment of the zone
during the period ()fthis Agreement
VIII. EVENTS OF DEFAUL T AND RECAPTURE
A. FaIlure to Commence Operation Durin,g Tern1 of Agreement. In the event that the
Facility is not completed and does not begin operation by the January I following the
completion of construction, no abatement shall be given for that tax year, and the full
H LegDir/gwsiEcoDev/T axAbate AtlantJcCBDRes
Page 5 of 1 ")
amount of taxes assessed against the property shall be due and payable for that tax year.
In the event that the Owner fails to begin operation by the next January 1, then the
abatement Agreement shall terminate and all abated taxes during the period of
construction shall be recaptured and paid within 60 days of such termination.
B. Discontinuance of Operations During. Term of Abatement. In the event the Facility is
completed and begins operation but subsequently discontinues operations during the
term of the Agreement after the completion of construction, for any reason except on a
temporary basis due to fire, explosion or other casualty or accident or natural disaster,
the Agreement may be terminated by the Governmental Unit, and all taxes previously
abated by virtue ()f the Agreement shall be recaptured and paid within 60 days of such
termination
C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become
delinquent and fails to timely and properly follow the legal procedures for their protest
and/or contest, thiS Agreement shall terminate and so shall the abatement of the taxes
for the calendar year of the delinquency. The total taxes assessed without abatement for
that calendar year shall be paid within 60 days from the date of termination. Penalty
and interest shall not begin to accrue on the additional amount of taxes due as the result
of recapture under this provision until the first day of the month following such sixty
(60) day notice, at which time penalty and interest shall accrue in accord with the laws
of the State of Texas. Penalty and interest on the amount of taxes originally levied
based upon the Abatement shall, of course, begin to accrue as of the date such taxes
v.. ere due in accord with the laws of the State of Texas.
n Notice of Default. Sbould tbe Governmental (init determine that the Owner is in default
according to the terms and condItIOns of this Agreement, It shall notify the Owner that
If such default is not cured withll1 sixty (60) days from the date of such notice ('Cure
Period'). then this Agreement may be terminated. In the event the Owner fails to cure
SaId default during the Cure Period, this Agreement may be terminated and the taxes
anated hv \lrtlJe 0; the Agreement will he recaptured and paid as provided herein.
t. ll"ctual-Added Value. Should the Nueces County Appraisal District determine that the
total Ie\el of Added Value during any year of the term of this Agreement after
completion of the Construction Phase IS lower than the Estimated Added Value such
that a lower percentage of Abatement is applicable, for each year during which an
A.batement has been granted the difference between the tax abated and the tax which
should have been abated based upon the actual Added Value shall be determined by the
(i'lvemmental UnIt and paid within 60 days of notification to the Owner of such
determinatlOn. Penalty and interest shall not hegm to accrue upon such sum until the
first day oj the m(inth t()llowmg such SIxty (60) day notice, at which time penalty and
mterest shall a(crue in accurd wlth the laws of the State of Texas.
F f~t:duction In Rollback Tax Rate If during any year of the period of Abatement any
portion of the abated value is added to the current total value of the Governmental Unit
hut is not treated as 'new property value' (as defined in Section 26.012 (17) of the
H. LegDirl g wsEcoDevfTaxAbate .....tlantlcCBDRes
P1ge 6 Df J\
Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in
calculating the 'rollback tax rate' in accord with Section 26.04 (c) (2) of the Texas Tax
Code and if the Governmental Unit's budget calculations indicate that a tax rate in
excess of the 'rollback tax rate' is required to fund the operations of the Governmental
Unit for the succeeding year, then the Governmental Unit shall recapture from the
Owner a tax in an amount equal to the lesser of the following:
( 1) The amount of the taxes abated for that year by the Governmental Unit with
respect to the Property.
(2) The amount obtained by subtracting the rollback tax rate computed without the
abated property value being treated as new property value from the rollback tax
rate computed with the abated property value being treated as new property value
and multiplymg the difference by the total assessed value of the Governmental
Unit
If the Governmental Unit has granted an abatement of taxes to more than one taxpayer, then
the amount of the recapture calculated in accord with subparagraph (2) above shall be
prorated on the baSIS of the value of the abatement with respect to each taxpayer.
This event shall not constitute a 'default" under this Agreement, and the sixty (60) day Cure
Period provided above shall not apply. Such recaptured taxes must be paid within thirty (30)
days after notice thereof has been given to the Owner. Penalty and interest shall not begin to
accrue upon such sum until the first day of the month following such thirty (30) day notice,
at which time penalty and interest shall accrue in accord with the laws of the State of Texas.
G ClUltinuation of Tax Lien. The amount of tax abated each year under the terms of this
Agreement shall he secured by a first and prior tax lien which shall continue in
eXIstence trom year to year until such time as this Agreement between the
Governmental tlni! and Owner IS fully performed by Owner. or until all taxes, whether
Jssessed or recaptured. are paid 111 fail.
In the event of any default by Owner. the governing body of the Governmental Unit reserves
the right to terminate or modify this Agreement. Owner shall be afforded written notice of such
default and the opportunity to cure as provided above. If Owner believes such action was
lmproper, Owner may file an appeal in Nueces County district court within sixty (60) days after
written notice of the actIOn by the Governmental Unit. Owner shall remit to the Governmental
i mt, within such 60-day period, any additional or recaptured taxes levied pursuant to the
payment proviSIOns of Texas Tax Code ~ 42.08. If the t1nal determination of the appeal increases
j hvner's tax liability above the amount paid, Owner shall remit the additional tax pursuant to
I ax Code 9 4242 If the final detennination of the appeal decreases Owner's tax liability, the
tJUvenunental 'Unit shall refund the Owner the difference between the amount of tax paid and the
amount of tax for which Owner is liable pursuant to Tax Code 9 42.43.
H. LegDir/gwsfEcoDevT ax Abate, ,l"tlanticCBDRes
Page 7 of ];
IX. ADMINISTRATION
Inspections. The Owner shall allow employees and/or representatives of the Governmental
Unit to have access to the Property during the term of this Agreement to inspect the Facility to
determine compliance with the terms and conditions of this Agreement. All inspections will be
made only after the giving of twenty-four (24) hours prior notice and will only be conducted in
such manner as to not unreasonably mterfere with the construction and/or operation of the
Facility All inspections will be made with one or more representatives of the Owner and in
accordance with Owner's safety standards.
Appraisals. The Chief AppraIser of the Nueces County Appraisal District shall annually
determine (i) the taxable value of the real and personal property comprising the Property taking
mto consideration the Abatement provided by this Agreement, and (ii) the full taxable value
without Abatement of the real and personal property comprising the Property. The Chief
.Appraiser shall record both the abated taxable value and the full taxable value in the appraisal
records. The full taxable value figure listed in the appraisal records shall be used to compute the
amount of abated taxes that are required to be recaptured and paid in the event this Agreement is
terminated in a manner that results in recapture. Each year the Owner shall furnish the Chief
\.ppraiser with such information outlined in Chapter 22. Texas Tax Code, as amended, as may be
necessary for the administration of the Agreement specified herein.
Annual Reports. Owner shall certify to the governing body of the Governmental Unit on or
before April 1 each year that the Owner is in compliance with each applicable term of this
Agreement Additionally, during the imtial four years of the term of property tax abatement,
Owner shall provide to the Governmental Unit an annual report covering those items listed on
Schedule J attached hereto In order to document the eff011s (If the Owner to acquire goods and
services on a local basis. Such annual report shall be prepared on a calendar year basis and shall
be submItted to the Governmental Unit no later than ninety (90) days following the end of each
such calendar year. The annual report shall be accompanied by an audit letter prepared by an
mdependent account1l1g tinn whIch has reVIewed the report.
'Buy Local' ProviSIOn The Owner additionally agrees to give preference and priority to
local manufacturers. suppliers, contractors and labor, except where not reasonably possible to do
so without added expense, substantIal inconvenience, or sacrifice in operating efficiency. In any
such exception cases involving purchases over $10,000.00 a justification for such purchase shall
be included m the annual report. The Owner further acknowledges that it is a legal and moral
'lbIigation of persons receivmg property tax abatements to favor local manufacturers, suppliers,
(ontractors and labor. all other factors being equaL For the purposes of this provision, the tenn
local" a:-, used to describe manufadurers. suppliers, contractors and labor shall include firms,
husinesses. and persons Will) reside in or maintalll an office in either Nueces County or San
Patricio (ounty In the event of a breach of the buy local provision. the percentage of abatement
.,hall be proportionatel) reduced by the amount the disqualified contract bears to the total
.:unstructlOll cost for the project.
H LegDir/ gws;EcoDeviT axAbate. AtlantlcCBDRes
Page 8 of 1 '\
x. ASSIGNMENT
The Owner may assign this Agreement to anyone or more corporation(s), 50% or more of
the outstanding voting securities of which are owned, directly or indirectly, by one of the
Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an
Owner, is a general partner. The Owner may assign this Agreement to any other new owner or
lessee of the Facility with the prior written consent of the Governmental Unit, which consent
shall not be unreasonably withheld. Any assignment shall provide that the assignee shall
Irrevocably and unconditionally assume all the duties and obligations of the assignor and become
the Owner upon the same terms and conditions as set out in this Agreement. In the event more
than one entity is Owner hereunder, the obligations of said entities shall be joint and several. Any
assignment of this Agreement shall be to an entity that will provide substantially the same
Improvements to the Property, except to the extent such improvements have been completed. No
assignment shall be approved if the Owner or any assignee is indebted to the Governmental Unit
for ad valorem taxes or other obligations.
XI. NOTICES
Any notice reqUired it, be given under the provisions of this Agreement shall be in writing
and shall be duly served Nhen it shall have been deposited, with the proper postage prepaid
thereon, and duly registered or certified. return receipt requested, with the United States Postal
Service, addressed to the Governmental Unit or Owner at the following addresses. If mailed, any
notice or conununication shall be deemed to be received three days after the date of deposit in
the United States Mail. linless othellNise provided in this Agreement, all notices shall be
delivered to the f0110wing addresse~:
To the Governmental {'nit: CITY OF CORPUS CHRISTL TEXAS
1201 Leopard Street
P O. Box 9277
Corpus Christi, Texas 78469
Attn: City Manager
To the Owner:
SI--IUTTERS MANAGEMENT, LTD.
P O. Box 8324
Corpus Christi. Texas 78468
Either party may designate a ditferent address by giving the other party ten days' written
notice
This Agreement has been executed hv the parties in multiple onginals or counterparts, each
having full force and etfect.
Executed th1s
day tlf
.2006.
H : LegDir/gws/EcoDevi'J axAbate AtlantlcCBDRes
Page 9 of 1 ,
GOVERNMENTAL lNJT-
AITEST
By: ______ _,__
Armando Chapa, City Secretary
APPROVED AS TO FOR \1:
By: (),.../J~..:N.
~ant City Attorney
for Mary Kay Fischer. City Attorney
OWNER:
H:LegDir/gws' EcoDev/T axAbate AtlantlcCBDRes
PagelOof13
CITY OF CORPUS CHRISTI, TEXAS
By:
George Noe, City Manager
SHUTTERS MANAGEMENT, LTD.
By:
Mark Adame
President
SCHEDULE I
. Bu y Local' Annual Reports
The following information shall be reported to the Governmental Unit on a calendar-year
basis during the first four years of the tax abatement program:
Dollar amount spent for materials* (local).
Dollar amount spent for materials (total).
Dollar amount spent for labor** (local)
4
Dollar amount spent for labor** (total).
"
Number of Jobs created in the construction project (local).
(>
Number of jobs created in the construction project (total).
Number of jobs created on a permanent basis (local).
x Number of lobs created on a permanent basis (total)
* 'Matenals' is defined to mclude all materials used in excavation, site improvement,
demolition. concrete, structural steel, tire proofing, piping, electrical, instruments, paintings and
scaffoldmg. insulation. temporary construction tacillties, supplies, equipment rental in
construction, small tools and consumables. This term does not include major items of machinery
and equipment not readtlY-1Vailable locall\
** 'Labor' IS defined to mclude all labor 111 connection with the excavation, site improvement,
demolition. concrete construction. structural steel, fire proofing, equipment placement, piping,
electrical, 1l1struments, painting and scaff()lding, insulation, construction services, craft benefits,
payroll burdens. and related labor expenses. This tem1 does not include engineering services in
connection with the pr01ect design.
The term "local" as used to describe manufacturers, suppliers, contractors and labor shall include
firms, businesses, and persons who reside in or maintain an office in either Nueces County or
San Patncio County
H . LegDir/gwsiEcoDevilaxAbate AtlanticCBDRe,
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Exhibit A
Corpus Christi Project Plan
May 23. 2006
This project wIll involve the adaptive reuse of an existing downtown building and convert the
building into private residences. The site is currently vacant.
Permanent Improvements
$ 11,187,564
Estimated capital
$ 11,187,564
H : LegDirl gws!EcoDevilax Abate AtlantIcCBDRes
Page 12 of i~
EXHIBIT' B'
Lot 7 (less portion to right-of-way), Bluff Subdivision and Lots 7 and 8, Block 6, Bluff
SubdIvision, City of Corpus Christl, Nueces County, Texas, and being known as 602
Winnebago Street and 922 North Carancahua Street, Corpus Christi, Texas.
H : LegDir/gws/EcoDev TaxAbale, \tlanllcCBDRe,
Page13ofl'
APPLlCA nON FOR TAX ABATEMENT
This application should be filed prior to the beginning of construction or the installation of improvements. The filing of
this document acknowledges familiarity and conformance with Guidelines and Criteria for Granting Tax Abatement.
This application will become part of the Tax Abatement Agreement and any knowingly false representations will be
grounds for terminating the Agreement. This Application should be submitted to the City Manager, City Hall, 1201
Leopard, PO Box 9277, Corpus Christi, Texas 78469 (for properties inside the City limits) and to the County Judge,
Nueces ('ounty Courthouse, ')0 I eopard Street, Corpus Christi, Texas 78401 (for properties in unincorporated areas).
FOUR COPIES OF THl APPU( ATKIN SHOULD BE FILED WITH THE APPROPRLHE GOVERNMENTAL UNIT.
-\pplicant Information
Date 2..! .11/ 2006
Company I\aml
A TTACH ANNUAL REPORT.
NUECES LOFT APARTMENTS. L.P.
N umber of Employees N/A
\ddress
/\nnual Sales NfA
C/O 13411 FM 1560
"eloles. Texas 78023
Project Information: Use of FacIlity
) BasIC Manufactunng "r ServIce Industry
) Enlerpnse Zone Residential Redevelopment Facillt\
) RegIOnal DIstribution Center
) Regional Visitor/Amusement Facility
X) DO'\1110Wn Revitalization Housing Facility
) Petrochemical Facility
) Regional Telecommunrcatlons Facility
. 1 Renewal Community FaCIlity
- - ----- --- - ,~~~-- ~
Describe Prqduct, Service or FaCJlity 10 be "rovlded
The project involves the adaptive reuse of a histork do~ntown building, the ~Nuecell Building" at 317 Peoples Street in Corpus Christi,
Nueces Count), Tens, into 66 rental apartments comprised or lofts, one bedroom and two bedroom units.
Project Descnpllon
\uoch as LXlllbl1 A.lone 01 mOle klter-SIl..: pages) a Sl,uemellllUtly e>.pla.nlllg the proJed, desClibl1lg me eXtstmg site and improvemenL~, describing
"II proposed !ml'rovcmenls and 'rvesnnent.' and providing 3 1"1 ,,( Improvements and property for which abatement is requested
iX NE'.., PR01EC! i ) ',XI'ANS!ON
M()DERNIZATfON
'lperation Address and Legal Description
( 'il\
Comus Christi
School District
Comus Christi ISD
.\ttach as E\hlhr B (011<' or mOfe ICUf', .size rages):\ ,:omnlete 'egal descnptlol1 and/ill mar shOWing proposed site
LconomK Information
C:onstruction Estimates
II MO[)E~"IILATION
'ommcncenlcm Date: 9-1-2006
Lstllnated Economic LIfe of LXlstmg Plant: nfa
years
otUpletion Dall 9-1-2007
\dded EconomiC Life from Modernization: nla
years
Peak ConstLH.:tH1r1 Jobs
unknown
'ntal Cost o!C"nstrucllon'
$2.900.000
"<,11JllI!l~!l11:Jnplovment ESllmates (Flu~
"ermanel1l Employment 2
':(,mber of Jobs 'reated 2
PAGE nH'
Estimaled Aopralsed Value 011 Site
land
Improvements Personal property
'Is of January Preceding Abatement Agreement
$112.214*
$1.052.964* $ 00
Value of Abated Property upon Completll>n of Project
SJ.952.964
$ 00
Value upon Completion of Project of any Property and
Project Improvemenl~ not subject w Abatement
nla
nIl
nla
is the land currently under an agricultural-use or open-space exemption? Yes ( ) No (X)
*Current figures proposed by Nueces County Appraisal District for 2006
Land/Imp fa\ Acct No 0054-0004-8070: 0054-0011-0010: 0054-0011-0030: and 0054-0011-0035:
Personal Prop ..\ect No n/a
VARIANCE [s the applicant seekmg variance under Section J(t) of the Guidelines? Yes ( ) No (X) If "yes" attach
the required supplementary infonnation.
OTHER ABATEMENTS Has thl.' applicant made application for abatement of this project by another taxing jurisdiction
or nearby counties') Yes lX l No ( ) If "yes" provide dates of application, hearing dates, if held or scheduled, name of
Jurisdictions and contacts, and letters of intent An application is being filed with Nueces County at the same time.
COMPANY REPRESENTA 1 IVE ro BE CONT/\CTJ-D:
Name:
ride:
William L. Hoover
President of General Partner
Signature of Authorized Company Official
1'f,J~ ~
-
13411 FM 1560. Helotes. TX 78023
felephone: (210) 308-9444
A.ddress
Name and Title of Authorized Company Official
INSTRUCTIONS
\pplicants and projects must meet the requirements established by the Guidelines and Criteria in order to receive
positive conSideration. Section 2 01 the Guidelines, for example, sets out regulations governing eligible facilities, eligible and
Ineligible imrmvemems. Icrms and "~'onnmic qllalilicatlons. Confonnance with all sections is required for eligibility.
,\PPLlCA fj( iN IN FORlvLt\ T/()N
Ihe taxing unn may con'lder Applicant's financial capacity m determining whether to enter into an abatement
agreement Established companie, for which public information is available, or the wholly-owned businesses of such
companies. should include with the Application a copy of their latest annual report to stockholders. Other Applicants and
new companics should attach a statement showing when the company was established, business references (name, contact
and telephone number of principal bank, accountant ,md attorney) and may be required to submit an audited financial
"tatement and business plan
!'ROILC! !NH)RMA !l(l'\
()nly facilities listed 111 tne Cluidelines may receive abatement without applying for a variance. Check the
defmitions in the Guidelines to see If your project qualifies. If the project is a Basic Manufacturing or Service Industry or a
Regional Distribution Center, the Application should include market studies, business plans or other materials demonstrating
that the facilitv is intended to serve a markel the majority of which is outside of the Nueces County region.
ECONOMIC INFORMAlh)N
Permanent Employment E~timates -- In estimating pennanent employment include the total number of jobs (using
~ull Tunc l-qlJlvalents) created 1t th, site 1'\\ \our finlli'i well as known permanent jobs of service contractors required for
lperation
htimated AppraIsed Value on Site -- rhe value January I preceding abatement should be the value established by
[he Nueces County Appraisal Distrll'l. If the Applicant must estimate value because the taxable value is not known or is
c;ornbined with our properties under j single tax account please so state. To qualify, the abated properties must be expected
'0 result in an addition to the tax base of at least $2 million after the period of abatement expires, Projections of value should
be a "best estimate" based on taxability in Texas. The projection of project values not abated should include personal
property and ineligible project-related improvements such as office space in excess of that used for plant administration,
housing, e1c
! \I1\Work (]6\Hoover-AppiIcatIPnd.",'
EXHIBIT A
Nueces Loft Apartments, LP
The Nueces Building is an existing building located at 317 Peoples Street, Corpus Christi, Texas
7840 I The seventy-eight year old building contains approximately 60,000 square feet of gross
building area in a ten-story structure.
The adaptive reuse for the Nueces Building calls for a mixed use development. The ground floor
will have office space and residential rental housing units will occupy the upper floors. There
will be a total of sixty-six rental units including lofts, one- and two-bedroom units. The ground
floor will have the onsite management office and 4,669 square feet of commercial lease space.
rhe building' s mechanical, electrical and plumbing will be renovated to meet all code
requirements for residential use. Each apartment unit will have a separate heating, venting and
air conditioning system interior finish of the apartment units will be a "loft type" design with
sealed concrete floors, exposed mechanical and plumbing lines inside the ten foot ceiling height.
All units will have a complete kitchen package including a refrigerator, dishwasher, range, oven,
and mIcrowave oven. \11 units will have washer dryer connections. The building will have a
community laundry facilit) and tenant storage lockers. Covered parking will be located across
the street from the building in a controlled access lot. The cost of the construction totals
$2,900. noo
Construction is targeted to start September 1,2006. The construction will be completed over a
twelve-month period
l' \] I\Work 06\ Hoover ApDlJcatlon doc
EXHIBIT B
NUECES LOFT APARTMENTS, L.P.
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PEOPLES ST.
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1D
Iract 1: Lnt 7 and the North .3 7 feet of 1,01 8, Block 4, Beach Portion, City of Corpus Christi,
Nueces County. Texas.
Iract n. Lots I and 2, and the East 105 feel of Lots .3 and 4, Block II, Beach Portion, City of
Corpus Christi, Nueces County, Texas.
\1 l\Work.()6\Hoover.Appilcation doc
RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES
LOFT APARTMENTS, L.P., PROVIDING FOR TERMPORARY
PROPERTY TAX ABATEMENT
WHEREAS, Texas Tax Code, Chapter 312, authorizes the City of Corpus Christi, Texas
('the City") to enter into Tax Abatement Agreements for projects meeting the guidelines
and criteria for granting tax abatement as amended, duly adopted by the City; and,
WHEREAS, the area covered by the attached Agreement is within the Renewal
Community and is therefore eligible for tax abatement in accordance with the provisions
of the Act:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council finds and determines that the terms of the proposed
agreement and the property subject to the proposed agreement meet the applicable
guidelines and criteria, as amended, adopted by the City, and the City further
determines that the proposed project is feasible and the proposed temporary abatement
of taxes will inure to the iong-term benefit of the City.
SECTION 2. The execution of the Tax Abatement Agreement Attached hereto in
substantial form as Exhibit "A" is hereby authorized and approved.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: May 23 2006
By ~~ __ ..._
Assistant City Attorney
for City Attorney
H LegOir\gws\agenda \2006\05-30\taxabatem enNueces Lofts
2
Corpus Christi, Texas
of ____ , 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
.., . LegDlr\gws \agenda\2 006\05- 30\ ta xabatemen Nueces Lofts
T AX ABATEMENT AGREEMENT
THE STATE OF TEXAS
*
COlJNTY OF NUECES
This fax Abatement Agreement (hereinafter referred to as the "Agreement") is made and
entered mto by and between the CITY OF CORPUS CHRISTI, TEXAS (the "Governmental
Unit") and NUECES LOFT APARTMENTS, L.P., (the "Owner"), the owner oftaxable property
tn the City of Corpus Christi, Texas, 317 Peoples Street (the "Property").
I. AUTHORIZATION
ThIS Agreement is authorized by the Texas Property Redevelopment and Tax Abatement
.'\ct, Texas Tax Code, Chapter 312, as amended (the "Act"), and is subject to the laws of the
State of Texas and the charter, ordinances, and orders of the Governmental Unit.
II. DEFINITIONS
As Lised in this Agreement, the followmg terms shall have the meanings set forth below:
A. . Base Year Value means the assessed value of the Improvements on the Property as
certified h\ tht~ Nueccs County Appraisal District as of the January 1 preceding the
execution uf thIS A,greement plus the agreed upon value of Improvements made after
January I hut hefore the executlOn of this Agreement.
R 'Improvement:-;' means the buildmgs or portions thereof and other improvements,
mcluding fixed machinery and equipment. used for commercial or industrial purposes
OIl the Propert\
( . ( unstructlon I)hase' means the period dunng whIch a material and substantial
Improvement of the Propel1y occurs which represents a separate and distinct
constructIOn operation undertaken for the purpose of erecting the Improvements. The
Construction Phase ends upon the earliest to occur of the following events:
! \ \\hen a cCI1iflcatc of (lCCUpancy is Issued for the project (if within City limits); or
':: } \vhen cllnlmercial production of a product or provision of a service is achieved at
the facIlitv. 01
! i) when the archltect or engineer supervising construction issues a certificate of
substantial completlOn, or some similar instrument, or
! 4, two (2) vears1fter the date of this Agreement.
H LegDir!gws/EcoDev/TaxAbate NuecesLoftsCBDRes
P'!ge I of ;
The determination of the end of the Construction Phase shall be made by the
Governmental Unit, in its sole and absolute discretion, based upon the above criteria
and such other factors as the Governmental Unit may deem relevant. The
determination of the end of the Construction Phase by the Governmental Unit shall be
conclusive, and any judicial review of such determination shall be governed by the
substantial eVidence rule.
D. 'Abatement' means the temporary or partial exemption from ad valorem taxes of
certain added value to real and personal property in a zone designated for economic
development purposes pursuant to the Act
E. 'Eligible Property' means the buildings, structures, site Improvements, and that office
space and certain personal property necessary to the operation and administration of
the Facility to be constructed pursuant to this Agreement. A list of the Eligible
Property is set forth in the Project Description which is attached hereto as Exhibit "A"
and made a part hereof. During the Construction Phase of the Eligible Property, the
Owner may make such change orders to the Eligible Property as are reasonably
necessary to accomplish its intended use, provided that no such change order may be
made which will change the qualification of the project as a "Facility" under the
Guidelines and Criteria fi)r Granting Tax Abatement approved by the Governmental
l nit.
F 'Ineligible Property' means land, inventories; supplies; tools; furnishings and other
forms of movable personal property; vehicles; vessels; aircraft; housing; hotel
accommodations; deferred maintenance investments: property to be rented or leased
ex~ept as proVIded in SectIOn 2( e): improvements for the generation or transmission of
electrical energy not wholly consumed by a New Facility or expansion; any
Improvements, induding those l() produce. store or distribute natural gas, fluids or
gases. which are not integral to the operation of the Facility; improvements to real
property which have an economic life of less than] 5 years: propeliy owned or used by
the State of Texas or its political subdivisions or by any organization owned, operated
or directed by a political subdiVision of the State of Texas; unless any of the above
types of property are specitically authonzed by the Governmental Unit.
G . Added Value' means the increase in the assessed value of the Eligible Property as a
result of "expansion" or "modernization" of an existing facility or construction of a
'new facility." It does not mean ()f include "deferred maintenance."
H . Facility' means (1 BaSIC Manufacturing or Service FacJiity. Regional Distribution
C:enter Facility, Regional T decommumcations/Data Processing Center Facility.
RegionaJ VIsitor Amusement Facility. Central Business District (CBD) Residential
Facility. Renewal Community Facility. or Petrochemical Facility approved by the
Governmental Umt as set forth in the Guidelines and Criteria for Granting Tax
i\batement adopted by the Governmental Unit.
H. LegDir/gws/EcoDe\ TaxAbatei\JuecesLotlsCBDRes
Page 2 of ]';
The GUidelines and Criteria for Granting Tax Abatement adopted by the Governmental Unit are
Illcorporated as a pan of this Agreement. Except as the same may be modified herein, all
definitions set forth therein are applicable to this Agreement.
III. PROPERTY
The Property is an area within the City of Corpus Christi, Texas, located in whole or in part
within the jurisdiction (If the Governmental Unit as is more fully described in Exhibit "B"
attached hereto and made a part hereof SaId Property is located within a zone for tax abatement
established pursuant to Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus
Christi. Texas
The Nueces County Appraisal Distnct has established the following values for the Property
as of the January 1 valuation date prior to the date of execution of this Agreement.
.-\ccount No. nJa
Personal property
$.nJa
Account No. P054-0004-QQ7Q
Land
Impr01cmcm \
$ 112214
$1,052,964
The Governmental Unit and the Owner agree that the value of any additions to the Improvements
made after January 1 or not otherwise reflected on the above valuation ofImprovements is:
,\dditl()J)i!] ImpI"(\' emeol:": $(1
/\ddition of the above amount to the valuation of the Improvements as of the January I valuation
date prior It. the date of~xe(ution otthls "'b'Teement results in a Base Year Value as follows:
Base\'earValue ~1,1()5 j"'x
IV. TERM Of ABATEMENT AND AGREEMENT
The Govenuncntal Unlt agrees 10 abate the ad valorem taxes on the Eligible Property in
accordance \vith this paragraph and paragraphs V and VI hereof The Abatement shall be
effective With the January I valuation date immediately following the date of execution of this
'\greement The Abatement shall continue f()r up to t\VO (2) years during the peliod of the
(onstructJoll Phase and for I he next tive (5) full tax years thereafter, expiring as of December31
dfsuch third tax year Tfthe period of the ConstructIOn Phase exceeds two (2) years, the Facility
,hall be ulllsldered completed f(x purposes \)f Abatement, and 111 no case shall the period of
c\batement mc1usive of constructIOn and completion exceed seven (7) tax years. The years of
i\batement proVided herem shall in each lI1stance c01J1cide with the tax year commencing on
January 1 and expinng on December 31, and in no event shall the Abatement extend beyond
December 3] of the sixth tax year. Tl1ls Abatement shall also cover as Eligible Property those
supplemental improvements to the Eligible Property that are added or constructed during the
H LegDir/gw~ I::coLle\ 1 axAhate NuecesLoftsCBDRes
Page 3 nf 1
post-construction five (5) year penod of Abatement. In no event, however, shalJ the total
Abatement period for such Eligible Property exceed the maximum seven (7) year Abatement
period for the entire project as specified herein.
The tenn of thIS Agreement shall continue for a period of five (5) years following expiration
of the abatement period. All terms and conditions imposed upon the Owner shall continue in
effect dunng such period, and the Owner shall be obligated specifically to continue the minimum
emplo)ment levels specified herein. Any default shall be subject to the provisions of Article VIII
hereof
V. TAXABILITY
During the period that the Abatement is effective. taxes shall be payable as follows:
(1) The value of the land comprising the Property shall be fully taxable;
(2) The Base Year Value of existing Improvements comprising the Property shall be fully
taxable:
(3) The value of Ineligible Property shall be fully taxable: and
(4) The Added Value of Eligible Property shall be abated as set forth in Part VI herein.
vr. AMOUNT OF ABA TEMENT
The Abatement pn.vided hy thIS Agreement shall be in accordance with the following
schedule
ConstructlOn Period
(not to exceed::: veal'S i
Year I
Year ::'
Year 3
Year 4
'{ ear 5
Percentage of Abatement
J 000/0
100%
100%
100%
]00%
100%
[Note: If this project is designated as a "rehabilitation project" under the Guidelines
and Cliteria which involves the adaptive reuse of an existing structure or building for a
Facility. the project must involve a minimum capital expenditure of $250,000. The
rehabilItation project must involve the adaptIve reuse of an existing structure or building
currently on the property tax rolls so that the Base Year Value associated with the project
will mclude both the value of the land and the existing improvements. The Owner and
Owner's landlord specifically disclaim any abatement for improvements to the building, and
the covenants and obligations hereof shall not be binding upon Owner's landlord. The sole
H LegDirl gws/ EcoDev!Tax A hate. NuecesLo ttsCB DRes
Page 4 of 1 \
Eligible Property subject to abatement shall be the value of personal property such as
furniture and movable equipment installed by Owner which would otherwise be considered
Ineligible Property for any other type of abatement category. In no event, however, may the
total value of such personal property subject to abatement exceed $1 million.]
At the time of executIOn of thIS Agreement, the Owner reasonably estimates and represents
to the Governmental Unit that the Added Value comprising permanent Improvements upon
completion of the Construction Phase shall be:
$ 2,787,786 ("Estimated Added Value").
In the event that upon completion ofthe Construction Phase the Added Value of permanent
Improvements. as determined by said Appraisal District, shall at any time thereafter during the
period of Abatement be less than eight-five percent (85%) of the Estimated Added Value, not
due to Circumstances beyond the control of Owner, the Owner agrees to pay, as additional taxes
hereunder, an amount equal to the then current tax rate of the Governmental Unit applied to the
difference between the Added Value from eighty-five percent (85%) of the Estimated Added
Value, multiplied by 100% minus the net percentage of Abatement provided under this
Agreement. For the purposes of this provision, the term "circumstances beyond the control of
Owner" shall include casualty losses, national economic factors, shutdowns due to governmental
regulations. strikes, act.;; ot war: and the like. The formula for calculating such additional tax is
,mtlined as follows:
Tax Rate x [(8)0/0.Jf Est Added Value Actual AV) x (100% - Abatement%)]:::: Additional
I'ax.
VII. CONTEMPLATED IMPROVEMENTS
The contemplated improvements are set forth In the Project Description attached as Exhibit
i\." During the ConstructIOn Phase, the Owner may make such change orders to the project as
are reasonably necessarv, provided that no such change order may be made which will change
the qualIfication of the prolect as a "FaCIlity" under the Guidelines for Granting Tax Abatement
approved by the Governmental Unit All improvements shall be completed in accordance with all
applicable laws. ordmance:-. rules or regulations. During the term of this Agreement, use of the
Property shall be lllnited to operation i)f the Facility described in the Project Description
consistent with the general purpose of encouraging development or redevelopment of the zone
during the period of this Agreement
VIII. EVENTS OF DEFAULT AND RECAPTURE
A. FaIlure to Commence Operation During Tenn of Agreement. In the event that the
Facility IS not completed and does not begin operation by the January 1 following the
completion of construction, no abatement shall be given for that tax year, and the full
amount of taxes assessed against the property shall be due and payable for that tax year.
H : LegDirl gws/Eco Dev/TaxAbateNuecesLo ftsCB DRes
Page 5 of ; i
In the event that the Owner fails to begin operation by the next January I, then the
abatement Agreement shall terminate and all abated taxes during the period of
construction shall be recaptured and paid within 60 days of such termination.
B. Discontinuance of Operations During Term of Abatement. In the event the Facility is
completed and begins operation but subsequently discontinues operations during the
term of the Agreement after the completion of construction, for any reason except on a
temporary basis due to fire, explosion or other casualty or accident or natural disaster,
the Agreement may be terminated by the Governmental Unit, and all taxes previously
abated by VIrtue of the Agreement shall be recaptured and paid within 60 days of such
termination.
C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become
delinquent and falls to timely and properly follow the legal procedures for their protest
and/or contest, thIS Agreement shall terminate and so shall the abatement of the taxes
for the calendar year of the delinquency. The total taxes assessed without abatement for
that calendar year shall be paid within 60 days from the date of termination. Penalty
and interest shall not begin to accrue on the additional amount of taxes due as the result
of recapture under this provision until the first day of the month following such sixty
(60) day notice, at which time penalty and interest shall accrue in accord with the laws
of the State ot Texas. Penalty and interest on the amount of taxes originally levied
based upon the Abatement shall, of course. begin to accrue as of the date such taxes
were due in accord with the laws of the State of Texas.
D. Notice of Default. Should the Governmental Unit determine that the Owner is in default
according to the terms and conchtlOns of this "greement, It shall notify the Owner that
I t such default IS not cured wIthm sixty (60) days from the date of such notice ('Cure
Penod'), then this Agreement may be terminated. In the event the Owner fails to cure
"aId default during the Cure Pen ad, this Agreement may be temlinated and the taxes
abated by vIrtue of the Agreement will he recaptured and paid as provided herein.
E Actual Added Value. Should the Nueces County Appraisal District detetmine that the
total level of Added Value during an) year of the term of this Agreement after
completion of the Construction Phase is 100ver than the Estimated Added Value such
that a lower percentage of Abatement is applicable, for each year during which an
~batement has been granted the difference between the tax abated and the tax which
should have been abated based upon the actual Added Value shall be determined by the
(Jovernmental Umt and paid Wlthin 60 days of notification to the Owner of such
lerermmatIon Penalty and mterest shall not hegin to accrue upon such sum until the
first day \)1' the month f()llc1wing "uch Slxtv (nO) day notice. at which time penalty and
I nkrest shaJ 1 accfUl.' in accord with the laws of the State of Texas.
F. ReductIOn in Rollback Tax Rate. If during any year of the period of Abatement any
portion of the abated value is added to the current total value of the Governmental Unit
but is not treated as 'new property value' (as defined in Section 26.012 (17) of the
Texas Tax Code) tor the purpose of establishing the "effective maintenance rate" in
H : LegDir/gws. EcoDeviT axAbate \luecesLottsCBDRes
Page 6 of 1
calculating the 'rollback tax rate' in accord with Section 26.04 (c) (2) of the Texas Tax
Code and If the Governmental Unit's budget calculations indicate that a tax rate in
excess of the 'rollback tax rate' is required to fund the operations of the Governmental
Unit for the succeeding year. then the Governmental Unit shall recapture from the
Owner a tax in an amount equal to the lesser of the following:
(II The amount of the taxes abated for that year by the Governmental Unit with
respect t(1 the Property.
(2) The amount obtained by subtracting the rollback tax rate computed without the
abated property value being treated as new property value from the rollback tax
rate computed with the abated property value being treated as new property value
and multlplymg the difference by the total assessed value of the Governmental
Unit.
If the Governmentallnit has granted an abatement of taxes to more than one taxpayer, then
the amount of the recapture calculated in accord with subparagraph (2) above shall be
prorated on the basis (\fthe value of the abatement with respect to each taxpayer.
ThlS event shall not constitute a 'default" under this Agreement, and the sixty (60) day Cure
Penod provided above shall not apply Such recaptured taxes must be paid within thirty (30)
days after notice thereof has been given to the Owner. Penalty and interest shall not begin to
accrue upon such sum until the first day of the month following such thirty (30) day notice.
at which time penalty and interest shall accrue in accord with the laws of the State of Texas.
G. Continuation <,1' 1 elX Lien. The amount d'ta\ abated each year under the tenns of this
Agreement shall be secured by a first and prior tax hen which shall continue in
existence from :/ear to year until such time as thiS Agreement between the
Governmental Umt and Owner IS fully pertC)TI11ed by Owner, or until all taxes, whether
assessed or recaptured. are paid 111 fail.
In the event of any default by Chvner. the governing body of the Governmental Unit reserves
the right to terminate or 11111dify thiS Agreement. Owner shall be aHorded written notice of such
default and the opportunity to cure as provided above. If Owner believes such action was
Improper. Owner may file an appeal in Nueces County district court within sixty (60) days after
\vritten notIce of the aCllon by the Governmental Unit Owner shall remit to the Governmental
l 'nit, wlthm such 60-day period,my additional or recaptured taxes levied pursuant to the
payment provislOns ofT exas Tax Code ~ 42.08. If the final determination of the appeal increases
(lwner's tax liability abuVe the amount paid. Ov,ner shall remit the additional tax pursuant to
I ax Code ~ 42.4:2 !t the final detenl11natlon of the appeal decreases Ovvnel"s tax liability, the
(ic.vemmental Unlt shal1 reI llnd the ()wner the ditlerencc between the amount of tax paid and the
amount nftax fell' Whlch O\\nel' IS lIable pursuant ((I Tax Code ~ 42.43.
H. LegDir/gws/EcoDev/TaxAbate NuecesLoftsCRDRes
Page 7 of l'
IX. ADMINISTRATION
Inspections. The Owner shall allow employees and/or representatives of the Governmental
Unit to have access to the Property during the tenn of this Agreement to inspect the Facility to
determine compliance with the terms and conditions of this Agreement. All inspections will be
made only after the giving of twenty-four (24) hours prior notice and will only be conducted in
such manner as to not unreasonably interfere with the construction and/or operation of the
Facility. All inspections ~ ill be made with one or more representatives of the Owner and in
accordance with Owner's safety standards.
Appraisals. The Chief Appraiser of the Nueces County Appraisal District shall annually
determine (i) the taxable value of the real and personal property comprising the Property taking
mto consideration the Abatement provided by this Agreement, and (ii) the full taxable value
without Abatement of the real and personal property comprising the Property. The Chief
Appraiser shall record both the abated taxable value and the full taxable value in the appraisal
records. The full taxable value figure listed in the appraisal records shall be used to compute the
amount of abated taxes that are required to be recaptured and paid in the event this Agreement is
terminated m a manner that results in recapture. Each year the Owner shall furnish the Chief
Appraiser with such mformation outlined In Chapter 22, Texas Tax Code, as amended, as may be
necessary for the admimstration of the Agreement specified herein.
Annual Reports. Owner shall certIfy to the governing body of the Governmental Unit on or
before April 1 each year that the Owner is in compliance with each applicable term of this
Agreement. Additionally, during the initial four years of the term of property tax abatement,
Owner shall prOVIde to the Governmental Unit an annual report covering those items listed on
Schedule 1 attached hereto ;n order to document the efforts of the Owner to acquire goods and
-;ervices on a local baSIS Such annual rep011 shall be prepared on a calendar year basis and shall
be submitted to the Governmental t'nit no later than mnety (90) days following the end of each
such calendar year. The annual report shall be accompanied by an audit letter prepared by an
Independent accountmg fim' which has rt'\lewed the report
'Buy Local' ProvlslOn The Owner additionally agrees to give preference and priority to
local manufacturers, suppliers, contractor.;; and labor. except where not reasonably possible to do
'0 without added expense, ,ubstantial inconvenience, or sacrifice in operating efficiency. In any
'ouch exceptIon cases invo!\ 109 purchases Ilver $10,000.00 a Justitication tor such purchase shall
be included m the annual report The Owner further acknowledges that it is a legal and moral
obligation of persons receiv mg property lax abatements to favor local manufacturers, suppliers,
contractors and laboL al other factors being equal. For the purposes of this provision, the term
Incal" a.s. used to descnbe manufacturers. suppliers, contractors and labor shall include firms,
businesses, and perscl!1s wh,) reSIde In or maintain an office in either Nueces County or San
Patricio County In the eveni of a breach ,)( the buy local provlsion, the percentage of abatement
shall be proportionately reduced bv the amount the disqualified contract bears to the total
constructIOn cost for t he pro, ecl
H :LegDir/gws/EcoDe\ TaxAbate \1uecesLoftsCBDRes
Page 8 of] C
X. ASSIGNMENT
The Owner may assign this Agreement to anyone or more corporation(s), 50% or more of
the outstanding voting securities of which are owned, directly or indirectly, by one of the
Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an
Owner, IS a general partner. The Owner may assign this Agreement to any other new owner or
lessee of the Facility with the prior written consent of the Governmental Unit, which consent
shall not be unreasonablv withheld, Any assignment shall provide that the assignee shall
mevocably and unconditionally assume all the duties and obligations of the assignor and become
the Owner upon the same terms and conditions as set out in this Agreement. In the event more
than one entity is Owner hereunder. the obligations of said entities shall be joint and several. Any
assignment of this Agreement shall be to an entity that will provide substantially the same
improvements to the Property, except 10 the extent such improvements have been completed. No
assignment shall be appro\ ed if the Owner or any assignee IS indebted to the Governmental Unit
for ad va]nrem taxes or other obligatIOns
XI. NOTICES
Any notice required tc. be given under the provisions of this Agreement shall be in writing
and shall he duly served when it shall have been deposited, with the proper postage prepaid
thereon. and duly registered or certified. return receipt requested, with the United States Postal
Service, addressed to the Governmental Unit or Owner at the following addresses. If mailed, any
notice or commUnIcation shall be deemed to be received three days after the date of deposit in
the Umted States \1ai r nless O1hemise provlded in thi5 Agreement all notices shall be
delivered t" the tfdll1wing :ddre~se"
To the (iovernmental { nit: ell Y OF CORPCS ('HRlSTI, TEXAS
1 2 tJ 1 Leo pard Street
P ) Box 9277
Curpus Christl, Texa~ 78469
"-Un: Citv Manager
I 0 the Owner
NLECES LOFT APARTMENTS. LP,
1]411 PM 1560
Helotes. Texas 78023
Either party may deSignate a different address by' giving the other party ten days' written
notice
This Agreement ha:-. belm executed h\ the parties III multiple onginals or counterparts, each
having full force and effect.
Executed thIS
day (t
,2006
H. LegDir/gws EcoDevl axAbate NuecesLoftsCBDRes
Page90fl
GOVERN MENTAL CNP
ATTEST:
By:
Armando Chapa, City Secretary
APPROVED AS TO FORM:
By: 11.t4L(~JJif, .
01:; W. Smith, Assistant City Attorney
for Mary Kay Fischer, City Attorney
( )WNER
H: LegDir/gws. Eco Dev/T axAhate! NuecesLo ftsCB D Res
Page 10 of 11
CITY OF CORPUS CHRISTI, TEXAS
By:
George Noe, City Manager
NUECES LOFT APARTMENTS, L.P.
By:
William L. Hoover
President of General Partner
SCHEDULE J
Buy Local' Annual Reports
fhe following mfonnation shall be reported to the Governmental Unit on a calendar-year
hasis during the first four years ofthe tax abatement program:
Dollar amount spent for materials* (local).
Dollar amount spent for materials (total).
~ Dollar amount spent for labor** (local).
..f Dollar amount spent for labor** (total).
" Number of Jobs created in the construction project (local).
h. Number of Jobs created in the construction project (total).
Number of .lobs created on a permanent baSIS (local).
x Number of]obs created on a permanent baSIS (total).
* 'Materials']s defined to mclude all matenals used in excavation, site improvement,
demolitlOn. concrete. structural steel. fire proofing. piping, electrical. instruments, paintings and
scaffolding, insulation. temporary construction facilities, supplies, equipment rental in
construction, small tools and consumables. This term does not include major items of machinery
and eqUlpment not readlly-wailabk 10cal1\
** 'Labor 15 defined to melude al lahor 111 connection vnth the excavation, site improvement,
demolitIOn. concrete construction, structural steel. fire proofing, equipment placement, piping,
electrical. Instruments. painting and scaffolding, insulation. construction services, craft benefits,
payroll burdens, and related labor expenses. This term does not include engineering services in
connectIOn with the proJect design.
The term "local" as used to describe manufacturers. suppliers, contractors and labor shall include
finns, buslllesses. and persons \\'ho reside 111 or mamtain an office in either Nueces County or
San Patn ci, \ Cuunh
H : LegDiri gws/EcoDev/T axA bate NuecesLlhsCBDRes
Page 1 [ oj 11
Exhibit A
Corpus Christi Project Plan
May 23. 2006
This project involves the adaptive reuse of a historic downtown building, the "Nueces Building"
at 317 Peoples Street. The project will convert the building into 66 rental units comprised of
lofts, one bedroom and two bedroom. The building is currently vacant.
Permanent llnprovemenb
$ 2,787,786
Estimated capital
$ 2,787,786
H: LegDir/gws/EcoDe\ ITaxAhate NuecesLoftsCBDRes
Page 12 of 1
EXHIBIT 'B'
[ract I Lot 7 and the north 3.7 feet of Lot 8, Block 4, Beach Portion, City of Corpus
Chnsti, Nueces County, Texas, and
Tract 2. Lots 1 and 2 and the east 105 feet of Lots 3 and 4, Block II, Beach Portion, City
,,[ Corpus Christl, Nueces County, Texas.
also known as 317 Peoples Street, Corpus Christi. Texas.
HLegDir/gws EcoDev/T axAbate NuecesLoftsCBDRes
Page 13 of ! 3
30
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 30, 2006
AGENDA ITEM:
;;., Ordinance amending the Corpus Christi City Code of Ordinances, Chapter 12-
Boats, Bays and Waterways, Article III -- Marina, Section 12-46 -Prohibition against
living aboard water craft, by changing "Prohibition against" to "Policy regulating" and
'Jlrecting Marina Superintendent to adopt a live aboard policy and limiting the
prohibition to "Except as authorized by the Policy": providing for penalties under
Section 1-6, City Code of Ordinances: providing for severance; and providing for
uublication
B Resolution authorizing new Parks and Recreation Slip Rental Fees for live aboards at
the City Marina under revised Section 12-46, Code of Ordinance; providing for publication;
Droviding for effective date; and providing for severance.
ISSUE: The Water/Shore Advisory Committee at their April 6, 2006 regular meeting voted
1 to recommend that the City Council and City Staff amend the Corpus Christi City Code
)f Ordinances. Chapter 1:: - Boat Bays and Waterways, Article 111- Marina, Section 12-46-
Prohibition Against living Aboard Water Craft, by changing" Prohibition Against" to "Policy
Regulating' and directing Marina Superintendent to adopt a "Live Aboard Policy".
REQUIRED COUNCIL ACTION: Amending of Ordinance Section 12-46.
PREVIOUS COUNCIL ACTION: June 22, 1999 a Motion approving a six (6) month
moratorium on enforcement of Marina Code Sections 12-41, 12-45.1, and 12-79 to allow
current live aboards to remain at the Corpus Christi Marina and allow staff to terminate the
slip rental contracts of the live aboards for violating the Code and the slip rental contract
.)nce the June 30 1999 deadline has been met
PRESENTATION: Presentation to the City CounCil June 22, concerning Live Aboards at
the Corpus Christi Marina
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the items as presented.
k, Director
Recreation Department
Attachment:
Background Information
Live Aboard Rate Chart Plus Metered Utilities
BACKGROUND INFORMA liON
uve aboard Issues have always been a hot point of discussion for any marina. The Corpus
Christi Manna IS no different. On March 5, 1975 the City Council enacted Ordinance 12512
Corpus Chnsti Code Number 12-45 1) which prohibits living aboard water craft.
City staff has worked to apply all manna rules and regulations to all slip tenants. During
1998-99 Marina staff asked various slip tenants if they were living aboard their boat and
the tenants said no and Marina staff took them at their word. What may have been a minor
problem with 5-6 violations escalated to 25-30 live aboard violators.
in mid-May 1999. Marina staff sent all of our slip tenants notice that any tenants that were
in non-compliance with the live aboard rules and regulations would have until June 30,
1999 to come into compliance This notice gave tenants, who were not in compliance, six
16) weeks to make arrangements to comply or move out.
While Manna staff was not against live aboards in philosophy, the policies and
Infrastructure to accommodate and support live aboard practices were not in place at that
time. For a successful live aboard environment to exist. the City would need well-defined
policies, fees and infrastructure that govern the action and accommodations of live
aboards
Three new 'Boaters Facilities" with bathrooms, showers and laundry facilities were built in
2002, 2005 and 2006 on each of the T & L-Heads which now would support the
Infrastructure to accommodate live aboard practices in the Corpus Christi Marina.
Marina staff support the "Amending of Ordinance Section 12-46" to accommodate marina
tenants whom comply with the rules and regulations to live aboard their vessels. This would
tJe a benefit to marina customers
EXHIBIT A
Live Aboard Rate Chart
Plus Metered Utilities
~ ~P~rMonth*
30' - 34' $500.00
35' - 45' $700.00
48' - 55' $850.00
58' - 70' $1,050.00
71' - 90' $1,395.00
91' - 115' $1,780.00
116' -125' $1,930.00
126' -150' $2,325.00
151' & Above $16.00 Per Foot
*Plus Metered Utilities
* * * * * * * *
Live Aboard
Potential Per Dock
10 - R Pier
o - MORF Pier
5 - L Pier
o -M,Pier
4 -A Pier
4 - B Pier
4 - C Pier
4 - 0 Pier
4 - Lawrence Street Stem
5 - E Pier
6 - F Pier
5 - G Pier
5 - H Pier
-
56 Potential live Aboard Accommodations
Page 1 of 4
AN ORDINANCE
AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES,
CHAPTER 12 -BOATS, BAYS AND WATERWAYS, ARTICLE 111_
MARINA, SECTION 12-46 - PROHIBITION AGAINST LIVING ABOARD
WATER CRAFT, BY CHANGING "PROHIBITION AGAINST" TO
"POLICY REGULATING" AND DIRECTING MARINA
SUPERINTENDENT TO ADOPT A LIVE ABOARD POLICY AND
LIMITING THE PROHIBITION TO "EXCEPT AS AUTHORIZED BY THE
POLICY"; PROVIDING FOR PENALTIES UNDER SECTION 1-6, CITY
CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS. THAT:
SECTION 1. The Corpus Christl City Code Of Ordinances, Chapter 12 - Boats, Bays
and Waterways, Article III - Marina, Section 12-46 - Prohibition against living aboard
water craft, is amended by changing the "prohibition" to "policy regulating" and directing
the Marina Superintendent to adopt a Live Aboard Policy regulating living aboard water
craft, and limiting the prohibition to "except as authorized by the policy", to read as
follows:
"Chapter 12 - BOATS, BAYS AND WATERWAYS
~ * *
"ARTICLE 111- MARINA
* * * *
"Sec. 12-46. Policy reaulatina Prohibition against living aboard water craft.
(a) The Marina Superintendent shall adopt and administer a Live Aboard Policy
reQulatina Iivinq aboard water craft at the Marina.
tQl~Except as authorized by the Live Aboard Policy, no Ne water craft whatsoever
that which is being used by the persons aboard as a dwelling unit shall be permitted to
moor, tie up or anchor within the marina, its basins, fairways, and anchorage areas, as
thes, ~ areas are defined and described in the United States Corps of Engineers
geodetic chart and map of said areas.
LfLfBt-As used In this section:
DweHing means any water craft that wJ::H.sR is being used as a permanent abode or
residence in which a person or persons have the intention of remaining. Consideration
will be given to whether the person or persons residing thereon maintain another
C:\(Doyle. 03.06 IORD2003.06\Ordinanc .es106 0 330DC. AdoptL ',AbordPolicy. Rev;' 46 Ord. doc
Page 2 of 4
dwelling place, but whether or not another dwelling place is maintained shall not be
determinative of whether the water craft is being used as a dwelling unit.
Transient craft means a vessel that does not occupy a boat slip in the city marina by
virtue of any contractual agreement with the city or other authorized entity.
Transient slip means any marina boat slip occupied by a transient craft.
i.QltBt-Exceot as authOrized by the Live Aboard Policy. use Y-se of a water craft other
than a transient craft for more than fifteen (15) days during any calendar month as a
dwelling is prohibited.
i.!tl.(4}- Transient craft shall be permitted to tie up, moor or anchor in an area in the
marina assigned by the marina supervisory staff.
ULfet- The transient craft's owners, crews or guests may stay aboard the craft for a
period of up to sixty (60) consecutive days, provided:
(1) A transient craft permit is obtained from the office of the marina superintendent
designating the craft as a temporary dwelling for a period not to exceed sixty (60)
consecutive days from date of issue;
(2) The transient craft permit is presented to city staff upon request; and
(3) Further provided the transient craft's owners, crews, and guests comply with all other
rules and regulations of the marina during the transient craft permitted period.
1.9lfB--A transient craft permit may be renewed one time during any twelve-month
period by the marina superintendent or his designated representative upon a clear
showing by the transient craft's owners, crews, or guests that all rules and regulations of
the marina have been complied with during the previous transient craft permitted period.
ilJl.<<tt- The violation of any applicable provision of this Code by the transient craft's
owners. crews, or guests during a permitted period may subject the transient craft
permit to immediate revocation by the marina superintendent.
ULfRt.A regular slip tenant may stay aboard his/her craft while the craft is tied up,
moored or anchored within the marina at the approved assigned slip provided:
(1 ) A temporary stay aboard permit is obtained from the office of the marina
superintendent designating the craft as a temporary dwelling for designated days not to
exceed a total of fifteen (15) days during the calendar month specified in the permit;
during any calendar month the total stay aboard days shall not exceed a total of fifteen
(15) days:
(2) The temporary stay aboard permit IS presented to city staff upon request; and
C:\(Doyle .03. 06\ORD2003 .06\Ordinanc.es\06. 0330DC.o,doptLiv .Abord. Policy. Rev 12.46. Ord .doc
Page 3 of 4
(3) Further provided the regular slip tenant complies with all other rules and regulations
of the marina during the temporary stay aboard permitted period.
UL~No raw sewage, garbage, junk, waste, oil or any other substance whatsoever
that might pollute or damage the aesthetics or the water quality shall be deposited or
permitted to be deposited in the waters of the marina, its basins, fairways and
anchorage areas
!..!sl.ffi-No person or persons shall be permitted to use the land areas of the Corpus
Christi Municipal Marina, the L-head and T-heads, or any other land area of the marina
as a dwelling place for any length of time, whether the person or persons be in a
vehicle. tent, any improvised shelter or without shelter. As defined herein, an overnight
stay shall constitute using the land area as a dwelling place.
SECTION 2. It is the definite intent of the City Council that every section, paragraph,
subdivision, phrase, word and 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 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.
SECTION 3. Violation ot this ordinance or requirements implemented under this
ordinance shall be punished under Section 1-6 of the City Code of Ordinances.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter This ordinance shall be effective upon
publication
C:\(Doyle.03.0610RD2003.06\Ordinanc.esI06 0330DCAdoptLiv.Abord Policy Rev 12 46.0rd.doc
Page 4 of 4
The foregoing ordinance was read for the first time and passed to its second reading on
this the __ day of ___ ___, 2006, by the following vote:
Henry Garrett -'-~-'-_. Rex A. Kinnison
Brent Chesney -'-'P'--'-- John E. Marez
Melody Cooper _. ,-._--- Jesse Noyola
Jerry Garcia Mark Scott
William Kelly '-.-'--..-
The foregoing ordinance was read for the second time and passed finally on this the
_ day of_______, 2006, by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John E. Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
WiHiam Kelly
PASSED AND APPROVED on the ____ day of _
,2006
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~ 30 M:rC~006___
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C:I(Doyte.03.0610RD2003.06\Ordinanc esl06. 0330DC Adoptliv.Abord. Policy Rev 12.46. Ord .doc
Page 1 of 4
RESOLUTION
AUTHORIZING NEW PARKS AND RECREATION SLIP RENTAL FEES
FOR LIVE ABOARDS AT THE CITY MARINA UNDER REVISED
SECTION 12-46, CODE OF ORDINANCES; PROVIDING FOR
PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING
FOR SEVERANCE
WHEREAS, Section 36-3 of the Code of Ordinances requires City Council approval by
motion or resolution for creation of any' new rental rates. or increase of existing rental
rates b\t more than 2~, pHcent. hr Parks and Recreation Department facility rental; and
WHEREAS, Section :\6- of the Code of Ordinances requires City Council approval by
motion or resolution for creation of any new user fees, or increase of existing user fees
by more than 25 peru~nt for Parks and Recreation Department facility use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTL TEXAS:
SECTION 1. The Cit} Council approves new Parks and Recreation Department slip
rental fees for live aboarcis at thE- City r-v1arina (under revised Section 12-46, Code of
Ordinances I. as ShOW'l If! Exhibit A attached
SECTION 2. ThiS r8solwlon IS effective upon publication
SECTION 3. Publication will be made In the official publication of the City of Corpus
r:hristi as required ["'y Ihe City Charter ')f the City of Corpus Christi.
CI(Doyle 0306'ORD200306IResol'jt! onsD6Ci524DC Parks!; RecFees L. 'eAb'd Resoldoc
Page 2 of 4
SECTION 4. The City Council intends that every section, paragraph, subdivision,
phrase word and provision of this resolution shall be given full force and effect for its
purpose. Therefore, If any section, paragraph, subdivision, clause, phrase, word or
orovision of this resolution 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 resolution.
ATTEST:
CITY OF CORPUS CHRISTI
.- _.~_.._---,-..- "-', _.,--_._._-_..._----~--
Armando Chapa
City Secretary
Henry Garrett
Mayor
oyle Curtis
Chief, Administrative law Section
Senior Assistant City Attorney
For City Attorney
C:\(Ooyle 03 06:CJRD200306\Res'Jluti.ons\060524DC Parf s&RecFees LlveAbrd Resol.doc
Page 3 of 4
~orpus Christl. Texas
_ day of 2006
The above resolution was passed by the following vote
Henry CJarrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C\(Doyle 03 06,oRD2003.06\Resolul; ons\060'i24DC P~rks& RecFee,; Lt" 9.Abr;J Pe's.'1 doc
Page 4 of 4
EXHIBIT A
Live Aboard Rate Chart
Plus Metered Utilities
Boat LOA Rate Per Month*
30' - 34' $500.00
35' - 45 $700.00
46' - 55 $850.00
56' - 70' $1,050.00
71' - 90' $1,395.00
91'-115' $1,780.00
116'-125' $1,930.00
126' - 150' $2,325.00
151' & Above $1600 Per Foot
*Plus Metered Utilities
0:-* '" -,0;- ;* .,1,;. .;.; .~
Live Aboard
Potential Per Dock
10 - R Pier
o - MORF Pier
5 - L Pier
o - M Pier
4 - A Pier
4 - B Pier
4 - C Pier
4 - 0 Pier
4 - Lawrence Street Stem
5 - E Pier
6 - F Pier
5 - G Pier
5 - H Pier
56 Potential Live Aboard ,A,ccommodations
C:\(Doyie03,Ob\ORD2003 06\Resolut: 005,06 0524DC Park,&.RecFees I IveADrd Pesol.doc
31
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Overview of Proposed FY2006-07 Operating Budget
STAFF PRESENTER(S):
Name
1. Oscar R. Martinez
2. Eddie Houlihan
3.
Title/Position Department
Assistant City Manager Admin. Services
Assistant Director Management and Budget
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1.
2.
ISSUE:
The City Charter requires, the City Manager to submit a budget proposal to the
Council at least 60 days prior to the beginning of the fiscal year.
BACKGROUND:
No formal action is required at this time. This initial presentation will include a
general overview of the FY2006-07 budget process and the format. Subsequent
presentations in June will include a more detailed overview of each of the operating
funds.
The City Council is scheduled to adopt the FY006-07 Annual Budget on July 18 and
25, 2006 ,
Additional Background
Exhibits